Quote of the Day - Why would we ever be assembled again after the 50th anniversary passes? ... We'll probably all go back to our lives in our homes or whatever. But to assemble us all again, it isn't likely to happen. We've had our last hurrah.
Lawyer2Lawyer Internet Radio Celebrates Its Third Anniversary
Here's a special edition of Lawyer2Lawyer, which marks our third anniversary and our 150th show! We have covered a lot of legal stories over the course of three years. Please join me and my fellow Law.com blogger and co-host Bob Ambrogi as we talk to returning guests and play clips from some stand-out shows with guests who have inspired, educated and even made us laugh.
As part of this show, Bob and I welcome back Professor Eugene Volokh, professor at the UCLA School of Law and blogger for the Volokh Conspiracy and Attorney/musician Larry Savell of Chadbourne & Parke to discuss his new album, "The Lawtunes: Live At Blackacre" and introduce a new theme song made especially for Lawyer2Lawyer! And extra thanks must go to you, our audience, for making Lawyer2Lawyer one of the top legal podcasts in the legal community. Give a click on the icon below to listen to the show.
LawTunes' Larry Savell Serenades Lawyer2Lawyer On Our Third Anniversary
This week marks our 150th podcast on Lawyer2Lawyer, and in honor of our third anniversary, Bob Ambrogi and I had Larry Savell of LawTunes back on the show, and he did us the great honor of composing and singing a song for the show. You can click on the link below to listen to the song, and here are the lyrics:
Lawyer2Lawyer - Copyright © 2008 Lawrence Savell - All Rights Reserved
Thanks to Larry Savell for permission to post the song and the links. You can visit Larry at LawTunes and buy his other music, including his latest release, Live at Blackacre.
Anonymous Artist Refuses To Authenticate Works; Auction Fails
Does His Hairdresser Know For Sure?
Britain is apparently home to a cult graffiti artist, Banksy, who prefers to remain anonymous. Although few actually know him, his art fetches quite a price. According to Reuters, auction house Lyon & Turnbull planned to sell five of his artworks (actually removed intact with the walls where he spray painted or stenciled the artwork). According to the article, "a painting attributed to Banksy on a wall in London [ ] fetched 208,100 pounds ($383,000) in an online sale. The cost of removing the wall and replacing it was not included."
No one showed up, however, at the planned sale and none of the pieces sold after Banksy's verification arm (not literally), a website called Pest Control, refused to authenticate the pieces as his. Banksy, apparently, does not want his artwork removed from its original site. Lyon & Turnbull had verification from a site called Vermin, but the attempted sale netting nothing given the controversy.
Unless, of course, you're Christina Aguilera who bought three Banksy prints for £25,000. Otherwise, a set of Kate Moss paintings sold at Sotheby's auction and set a record for Banksy's work - some £50,000.
Spend some time visiting Banksy's site and think about his art and messages. It's worth the effort. Meanwhile, ponder this question: how does an anonymous artist authenticate his works or otherwise prevent them from bring authenticated?
I'm waiting to see him paint/draw/stencil a fallen tree and listen for the sound. I bet we'll all hear something.
One Confidential Mediation Settlement That Didn't Make It Into Evidence
There's been much in the Courts lately about the admissibility of settlement agreements reached in mediation, and MIPTC has written about one such case before. Now, there's another one to add to the mix.
Let's go over the details first, and then you'll see why the Court ruled as it did. Apparently Tony Rael, Jr. was a wealthy man, worth over $6,000,000, partly as a result of owning a liquor store. Tony married and had three children. Tony divorced his wife and remarried Cruz Rael.
The children were apparently not happy and sued their father to appoint a conservator. Under the probate rules of the Los Angeles Court, the parties, which included Tony, Cruz and Tony's children had to go to mediation to see if they could work out their differences.
They went to the mediation, but one of Tony's children, Mark, didn't attend the last mediation when the rest of the parties signed a settlement agreement. The mediation agreement even included the required "waiver of inadmissibility," which is needed to get a confidential mediation agreement into evidence in court. Ultimately, Mark refused to sign the agreement and the matter went to trial.
Tony and Cruz, however, were signatories to the mediation agreement, and under that agreement, Tony promised to appoint Cruz as his executrix, among other things. Here's how the court put Tony's promises to Cruz (with some significant editing to make it more readable):
‘Tony named Cruz a beneficiary in his will and trust. Specifically, Tony left the following to Cruz: (A) his liquor store business and the liquor license, (B) the right to occupy space in one of his properties in order to operate the liquor store on a rent-free basis for two years after he died, and (C) up to $100,000 to pay off the balance of the Cruz's mortgage on her personal residence. The remainder of Tony's assets went equally to his three children.'
As you can probably guess by now, that's not how Tony's assets actually got divided. Not happy with the actual division, Cruz sued Tony's estate and claimed she was entitled to the deal that Tony promised her. As proof, she sought to introduce the agreement she and Tony signed in mediation.
Unfortunately for Cruz, the Court ruled that since everyone anticipated Mark would be a party to the mediation agreement and because he refused to sign it, there was no agreement. Therefore, the Court excluded the agreement from evidence, and Cruz simply lost her bid to enforce Tony's promises to her.
Latest Financial News: Microsoft And Apple Take Over Failed Government Treasury Funds
After the US Government announced yesterday that it was not able to print money fast enough to save Wall Street brokerage houses, international insurance companies and U.S. Banks, Microsoft teamed with arch-rival Apple Computer to bail out the failed government treasury funds. The United States government had first turned to the bankruptcy courts for relief, but were rebuffed when Bankruptcy District Court Judge Imoutta Moni refused to take jurisdiction over government coffers.
Spokesmen John Hodgman, aka the PC geek, and Justin Long, aka the cool Apple guy, said they finally decided to work together to save the country. "Obviously, Bush, Paulson and Cox haven't been doing their jobs, or this would have never happened," said Long. For his part, Hodgman said it was time to work together in a bipartisan fashion and put aside class differences. "I've always wanted to run the Apple OS," he said, "and now's my chance. Looking at the vista, the big picture, we expect to post our plan in an online spreadsheet."
Bill Gates authorized the Board of Microsoft to commit his shares in the company to offset the government's losses. "We all know Bill's got more money than God," one Board member was heard to say. Steve Jobs, on the other hand, was busy at work on the drawing board and was unavailable for comment.
Long-term plans for the economy involve an influx of cash into banks, tax cuts for the middle class and a chicken in every pot.
Lawyer 2 Lawyer Internet Radio Discusses the Aftermath of Hurricane Ike
When Hurricane Ike hit the Texas coast, many were left to deal with the devastation of the storm which toppled businesses, firms and homes. Please join me and my fellow Law.com blogger and co-host Bob Ambrogi as we speak to Bill Livesay, Executive Director from Andrews Kurth LLP and Miriam Rozen, staff reporter from Texas Lawyer, to get their personal accounts of Hurricane Ike. On Lawyer2Lawyer, you'll hear how it has affected law firms and look at what firms are doing to assist their employees, their clients and those in need.
* If you would like to help those affected by Hurricane Ike, you can donate here at the Gulf Coast Ike Relief Fund.
Nine Points Of The Law
Possession may be nine-tenths of the law, but you'll need more than that to win your case. You'll also need these nine points:
1. A good deal of money;
2. A good deal of patience;
3. A good cause;
4. A good lawyer;
5. Good counsel;
6. Good witnesses;
7. A good jury;
8. A good judge; and last but not least,
9. Good luck.
(From Schott's 2008 Almanac.)
Lawyer 2 Lawyer Internet Radio Covers the Fall of Lehman Brothers Holdings, Inc.The largest bankruptcy case in U.S. history is playing out before us with the fall of Lehman Brothers Holdings Inc., creating chaos in the financial community. Please join me and my fellow co-host and Law.com blogger Bob Ambrogi, as we talk to the top legal experts, Attorney John D. Penn, partner at the law firm of Haynes and Boone, LLP and Attorney Victor Bass, partner at the law firm of Burns & Levinson LLP, about how lawyers will unravel the company's assets, what will happen to stockholders and customers along with the impact of all that on the economy. Hear their take on the legal options and strategies being used in this unprecedented case.