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North Korea Threatens Merciless Attacks
Headline Legal News | 2009/06/17 09:02
North Korea today warned that it would launch a "merciless" attack if provoked by the US and its allies, hours after President Barack Obama described the state's nuclear and missile programmes as a "grave threat" to the world.

"If the US and its followers infringe upon our republic's sovereignty even a bit, our military and people will launch a one hundred or one thousandfold retaliation with [a] merciless military strike," the state-controlled Minju Joson newspaper said.

The newspaper described Obama as a hypocrite for supporting a nuclear-free world while making what it claimed were "frantic efforts" to develop new nuclear weapons at home. "The nuclear programme is not the monopoly of the US," it said.

Russia, which shares a border with North Korea, quickly responded that any missile heading for Russian airspace would be promptly shot down. "We will see it and shoot it down," the deputy defence minister, Viktor Popovkin, said, according to Interfax.

The North Korean warning came as reports in Japan and South Korea said the regime could be preparing to test launch two long-range ballistic missiles, possibly in retaliation against sanctions agreed by the UN security council at the weekend.

The security council imposed stiffer measures as punishment for North Korea's controlled nuclear explosion last month, including a ban on all weapons exports from North Korea and the import of all but small arms.

The security council also called on member states to stop and search North Korean ships suspected of carrying nuclear and ballistic weapons technology.

Obama said today that every effort would be made to enforce the sanctions. While he repeated his offer of negotiations, Obama said that "belligerent, provocative behaviour that threatens neighbours will be met with significant and serious enforcement of sanctions that are in place".

A South Korean newspaper reported that North Korea had started withdrawing money from bank accounts in Macau to prevent it from being frozen under UN sanctions.

North Korea has responded to UN action by threatening to conduct more missile launches, enrich uranium and weaponise all its plutonium. There are also fears that it is preparing to carry out another nuclear test, its third since October 2006.

Reports in South Korea said a train capable of transporting intercontinental ballistic missiles had been spotted arriving at a launch site in Musudan-ri on the north-east coast, weeks after it had taken a missile to a newer site in the north-west.

Any tests would be likely to involve an improved version of the Taepodong-2 missile, which has a theoretical range of 4,800 km, enough to put it within striking distance of Alaska. In previous tests the missile has either failed or fallen harmlessly into the Pacific ocean.

A senior US military official warned this week that North Korea could pose a real threat to the US west coast in "three to five years" if its missile development continued unchecked.

"It does not include how long it takes to build that warhead," General James Cartwright, vice-chairman of the joint chiefs of staff, told a senate hearing on missile defence. "And that assumes a lot of luck on their part in moving forward."

North Korea's rhetorical outbursts serve two purposes: to intimidate its enemies and whip up support for the regime at home.

The country's leader, Kim Jong-il, is consolidating his position as he prepares to hand over power to his youngest son, Kim Jong-un.

Today North Korea denied Japanese media reports that Jong-un had flown to Beijing earlier this month to meet the Chinese president, Hu Jintao.

The Asahi Shimbun newspaper said Jong-un, 26, had told Chinese officials he held a senior position in the ruling Korean workers' party and had been officially anointed to succeed his ailing father, who suffered a stroke last summer.


Court says judges must avoid appearance of bias
Headline Legal News | 2009/06/08 16:17
The Supreme Court ruled Monday that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias.


By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair hearing.

"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause," Justice Anthony Kennedy said for the court.

With multimillion-dollar judicial election campaigns on the rise, the court's decision Monday could have widespread significance. Justice at Stake, which tracks campaign spending in judicial elections, says judges are elected in 39 states and that candidates for the highest state courts have raised more than $168 million since 2000.

"Judicial elections have become more expensive, more negative and more subject to influence by special interest groups," said Chief Justice Margaret Marshall of Massachusetts, president of the Conference of Chief Justices.

The West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin. At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict.

The coal company, Harman Mining Co., and its president, Hugh Caperton, took the case to the high court.



Ex-Tyco execs lose appeal at Supreme Court
Court Watch | 2009/06/08 11:17
The Supreme Court is refusing to hear an appeal from two former top executives of Tyco International that challenges their convictions for fraud and larceny involving more than $100 million in bonuses.

The justices' action Monday ends the effort by Tyco's former CEO L. Dennis Kozlowski and former CFO Mark Swartz to overturn their convictions. They are serving prison terms of 8 1/3 to 25 years for taking unauthorized pay.

The former executives said their trial was flawed because they were denied access to certain documents that would have helped persuade the jury of their innocence.

A New York State appeals court previously upheld the convictions.



O.C. Bar Association awards Stewart Glenn
Attorney News | 2009/05/29 09:01

Stewart P. Glenn, a partner in the Newburgh law firm of Glenn & Breheney PLLC is this year’s recipient of the Orange County Bar Association Outstanding Service Award. Bar Association President Steven I. Milligram, Esq. and Mr. Glenn’s law partner, Mary Fern Breheney, Esq. made the presentation at the Orange County Bar Association’s Annual Meeting held at the Fountains at Wallkill Golf Club on May 7th.

Among other things, Mr. Glenn’s service to the community included 10 years on the Board of Trustees of St. Luke’s Hospital in Newburgh, 14 Years on the City of Newburgh Zoning Board of Appeals, service as Campaign Chairman and President of the Board of Orange Area United Fund (now a part of United Way of Orange County), 30 years on the Board, including a term as Chairman of the Board and currently Emeritus status of Eastern Orange County Chamber of Commerce (now a part of Orange County Chamber of Commerce), a 30 year tenure on the Board of the Amos and Sarah Holden Home, an adult home in Newburgh and several years of work with the Newburgh Jaycees as Chairman of several projects, as well as serving as Treasurer and President. In addition, he served on the Troop Committee of Boy Scout Troop 27 in Newburgh and as a youth soccer coach.

In New Paltz, where Mr. Glenn resides, he serves as a Board Member and Secretary of the New Paltz Community Foundation, as a Member of the Board of Trustees of Huguenot Historical Society, New Paltz, N.Y. and as a member of the Community Improvement Team. He serves on the New Paltz Regional Chamber of Commerce Clean Sweep Committee. He and his law partner, Mary Fern Breheney, Co-Chaired the inaugural Hudson Valley Estate Planning Council public awareness and education program "Estate Planning Day" at SUNY New Paltz and they will be doing so again for the program which is to take place on October 24th of this year.



Google sued for selling law firm names
Legal Business | 2009/05/29 08:58
Connecticut law firm Stratton, Faxon has sued Google for US$50,000 on discovering that a competitor's name appeared in display ads when Stratton's name was typed into the Google search box It is also seeking an injunction preventing Google from selling law firm names in its Adwords business in Connecticut. According to the Connecticut Law Journal, Stratton searched its own name, only to discover that an ad for its competitor, Silver, Golub & Teitell, turned up in the ads. Silver, Golub said it didn't know its marketing agency had purchased the Stratton keyword to enable the advertising.


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