Posts Tagged “John O’Quinn”

Howard K. Stern in a happier time

Now we have that saying, “The lawsuit was settled amicably”, we are pleased with the outcome however, because of a Confidentiality Agreement, and we have nothing more to say. Voila!!!

The only surprise in the Stipulation for Settlement was that part of Don Clark’s deposition regarding this litigation, seven pages, would be unsealed by agreement. Wonder what is in that seven pages and if that is going to be used in one of the other multiple lawsuits involving Howard K. Stern or the Estate of Anna Nicole Smith.

The Florida Court issued its Order today, to Dismiss with Prejudiced, and accepted the Stipulation of Settlement and Order the Clerk of Court to Dismiss and close this lawsuit.

This one is down and how many more involving Stern and or the Estate of Anna Nicole Smith is there to go??

©Rose Turner
December 1, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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Casey Anthony Caylee Anthony

I have been remised on writing about this case because of the number of google alerts a day that comes out. This case is saturating news media in print, internet news, the blogosphere and on the 24-hour infotainment “news” shows, which many of us saw in the Anna Nicole Smith saga.

In some ways, it feels like February 2007 all over again. Before you think I am not worried about where Caylee Anthony is and what happened to her, rest assure, I don’t watch the news about her because it makes me sick, and like all of you I feel so helpless and confused with the differing reports we all are getting.

I do feel something happened to her and her grandparents, George and Cindy Anthony or her mother, Casey Anthony knows what that was or could point the police in the right direction. Will they come forward with the truth, who knows!

However, the state has passed out thousands of pages of information because Florida is the “sunshine state” meaning they believe in the transparency of the courts, papers filed etc. unless it involves a minor. We all saw what that “sunshine” allowed to be shown and passed around for dissecting on the 24/7 infotainment channels called “news”, and how they devoured all things Anna Nicole Smith. Could that be happening with the Caylee Anthony case? In fairness the state of Florida has also released the multiple Motions Casey Anthony’s attorney, Jose Baez, has filed to gain access to some of the state’s evidence against Caylee’s mother.

With all that said; here are some of my thoughts of who is “cashing in” on this poor girl’s disappearance and what is “feeding the beast” of greed.

Since I find it almost impossible for me to write about this poor child, I decided to turn and look at the greed in this case. We have the former spokesman, Larry Garrison, for the Anthony family selling pictures to NBC for $6,500 for one interview and then allegedly pocketing the money. The emails from NBC to Cindy Anthony that appears to substantiate that, thus exit stage left Larry Garrison as the family spokesman, one wonders if it was just the alleged $6,500.00 or more than that Mr. Garrison had pocketed as a “licensing fee”. Why did he not see that it went into a fund to find out what really happened to Caylee; that is for him to answer.

We next have the bounty hunter bondsman, Leonard Padilla, all decked out in his California western gear for interviews. Mr. Padilla we have seen from putting up the $500k bond, parking outside the Anthony home seeking the truth, of course all in front of the beast that he knows how well to feed; those 24/7 infotainment channels which they all try to pass as news channels. He seemed available to every paper, local and national station that would interview him. Then we have Padilla changing his mind about Casey’s innocence and revoking that bond and back to jail for Casey Anthony with cameras tipped off and rolling at her home. Padilla was once again touting his theory of what has happened to Caylee but this time he no longer believed in Casey Anthony’s innocence, and again made the rounds of any media that would have him as to why he changed his mind and how he came to that. Worse of all Padilla has been accused of allegedly planting “evidence” in a river in Florida, to collect money to continue the search. Padilla made sure and called the media for the cameras before calling the police now that shows real caring for preserving any evidence that “might have been found”. However decked out in California western ensemble he once again appears to have made all of the show circuits, print media anyone that would interview him. It seems it matters not what snake oil Padilla is selling this day the beast called “infotainment” must be fed.

How many interviews do we have by the investigator working for the family Mr. Dominic Casey, I have not heard of many perhaps he is not as colorful of a P. I. as Padilla is riding that infotainment beast. For any of you who missed Padilla never fear he intends to be back in Florida again this week fresh with a benefactor for him to continue his “search”, “spin”, etc. Does anyone else have visions of Jack Harding and his many appearances and the ever-changing story or is it just me?

Then we have the greatest beast of all 24/7 news/infotainment, same ones as before just a new case and “fresh” new interviews. This beast needs to be fed often so we have Greta, “On the Record” and Geraldo “At Large” on Fox promising us to get the “real” truth and not to stop until it is found. We have Nancy Grace on HLN nightly, with all of the experts she can get that Fox has not booked first.

In the state of Florida thousands of documents released they include both the grand jury indictment and the witness list of people to be called as witnesses for the state and they too seem to be trying Casey Anthony in public long before her “televised trial” in January for Capital Murder.

How did we get here, very simple, this thirsty beast of news/infotainment is fed by the ratings which in turn translates to bringing in paid advertising. Keep in mind what O’Quinn said in his filings in Florida, if you believe what is said you be stupid cause no one believes those shows. That is probably about the truest statement I have seen in his filings and one all of us need to take to heart. Forget who gave us that advice but it shall forever stay with me in regards to what was done to Howard K. Stern and what might be done to anyone who the beast turns upon to feast.

If we were not obsessed with this beautiful angelic child, if the news/infotainment did not continue to weave, if there were no needs for the ratings to feed the beast… well that discussion is best saved for another day.

Now do I think Casey Anthony had something to do with her daughter’s disappearance and her family helped in the cover up, I am not sure, but what ever has happened to Caylee is heart wrenching. I hope we read and discuss every document and every interview by police that is released by the state of Florida in this case and find each of our own truths.

Rose Speaks.com will house all of the documents in this case as they are released, right up and through the televised trial in January. We have about 91 documents up now in what we hope we have broken down to bite size pieces and we are working fast to get the latest documents released to the public up for you to read and then discuss with us. Remember our documents are opened to ALL, not just members of Rose Speaks.com.

Stay tuned, I have another article that will be going up today about Howard K. Stern. Remember that little trip we all took in that other 24/7 “news/infotainment” we craved in what seems like such a long time ago by infotainment clock. We were willing to feed the beast at the cost of his reputation for life.

I am not saying these cases are even remotely similar, except for many people cashing in, sadly in way too many ways.

I also want to thank all of you for the ten days I just took off from the site including the blog they were much needed. However, I am back and will be trying to keep up with all of the cases you want to see covered here for what I hope will be intelligent discussion. If you have one, email me, if we can make it happen in coverage that will work that gray matter we have called brains and make us think, then let’s discuss that and see where we shall go together. We will always and until the last case cover all things Anna Nicole Smith, but please remember we are opened to all of your suggestions as to which celebrity or high profile cases/trials you want to see here.

©Rose Turner
December 1, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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Howard K. Stern in a happier time

Why did Howard K. Stern and/or John O’Quinn file a sealed document, unnamed on November 18, to be sure the Court had a copy before the deadline for the Show Cause Order due no later than November 19.

In the filing by O’Quinn’s lawyer on October 31, requesting the Court to release them from all Court Order productions of any future documents the Motion filed by Robert Klein stated in part:

“This matter was fully resolved during a confidential mediation on Thursday, October 30, 2008. Pursuant to the mediation agreement that was executed by and between the parties, a stipulation and order will be submitted to this court, memorializing the agreement, and providing for the retention of jurisdiction by this court for the enforcement of the terms of the settlement. It is anticipated that the draft order will be submitted to the Court at some point toward the middle part of next week.

On November 4, the Magistrate for the Southern District of Florida issued an Order granting the Motion in part and denying it in part stating the following:

“The Court notes that the parties have ten (10) calendar days from their notice of settlement of October 30, 2008 to file a joint stipulation of dismissal with prejudice. If that is filed and the Court dismisses the case with prejudice, the parties will be relieved of their discovery duties. Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Defendants’ Motion to Be Relieved of Obligation to Produce Financial Statements Pursuant to Magistrate’s Order [DE 243] is hereby GRANTED in part;
2. The Magistrate Judge’s October 24, 2008 Order [DE 234] for Defendants to produce financial discovery documentation described in the Order is hereby STAYED until November 10, 2008.”

So what is going on? In the other cases I found on PACER where Lin Wood was the lawyer for defamation cases as well as other defamation cases I pulled to compare, they are all pretty straightforward IF an agreement is reached. They each file a “Stipulation of Settlement”, including providing the retention of the court involved having jurisdiction for the enforcement of the settlement. In the ones I have found, they normally say that a settlement has been reached that the parties are filing the “Stipulation” with the Court, and that the “Stipulation” shows that each side will pay their own legal fees. This is followed up within a few days with a Motion and Order to Dismiss with Prejudice and then PACER will show the case “terminated”.

Why did that not happen in this case as stated in Robert Klein’s filing that such a stipulation was expected to be filed with the Court for approval around November 4 or 5? What is in the “Sealed Document”? Well here is my “GUESS”.

I think some mild problem in the wording of the settlement or something one of the parties thought of after the mediation and wanted that included in the final papers. My guess is the Sealed Document probably outlined for the Court in detail what had been worked out, what they still needed to work out and the date they thought it would be completed. Remember when Robert Klein filed that he had the flu, the court did extend mediation until December 1. My feeling and OPINION, not FACTS but OPINION, is that as long as the parties are working hard; making a good faith effort to resolve any wording on the Stipulation; and has it completed by December 1, then all will be well with the Court. However, did O’Quinn have to turn in his financial statement and information after November 10? On the other hand, was that also addressed in the Sealed Document filed on November 18? We will just have to wait and see won’t we.

One of our members Fifi was kind enough to look at how she perceived Lin Wood’s history of working multiple cases involving the same client(s) and came up with this “long term” plan. Fifi stated she feels based on if she sees the situations applying to a situation of multiple cases in multiple jurisdictions; some over lapping with parties, third person non-party witnesses; and containing some of the same allegations and/or parties. “Lin’s history he usually has a long term plan. There are three basic steps he usually follows, sometimes they overlap, but generally, it’s a slow process. Step 1 - Quell the media storm. Step 2 - Litigate against the most extreme defamers. Step 3 - Rehabilitate the client’s reputation.”

Perhaps Lin Wood decided if there is to be a court fight that New York is the better case to prove the allegations against Howard K. Stern in black and white, pun intended.

I will be taking a detail look at the following writing by Mr. Wood, “Suing the News Media in the Age of Tabloid Journalism: L. Lin Wood and the Battle for Accountability 2006”. We invite you to download this in our document section and share your thoughts with us.

The documents for this case as with all of the cases we are following are opened to ALL and not just members of Rose Speaks.com.

©Rose Turner
November 21, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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L Lin Wood

There has been a lot of discussion forwarded to me from Topix.net and other sites, alleging that they know what Howard K. Stern settled for in Florida. In part, it is being said that L. Lin Wood was the one to “rush to settle with John O’Quinn and The O’Quinn Law Firm. That Wood settled for just his legal fees to be paid. There is to be no apology or acknowledgement to Howard K. Stern for the falsity or wrongful accusations of murdering Anna Nicole Smith or her son Daniel Smith; holding Dannielynn hostage and that Stern did not even recover enough money, after Wood gets his share, to get a pair of shoes”. What is up about a damn pair of shoes all of the time? This must be an inside joke that I am missing but it appears on every discussion blog/forum/board when ever money and Stern are mentioned together. Why is the term “murderer” still floating all over the internet on forums and topic boards when the suit where the allegations originated is now supposed to be settled in principal?

The other thing that is going around Topix.net and other sites is that L. Lin Wood ALWAYS settles out of court because he does not win litigation if it goes to a jury and has a horrible record of losses when he has attempted to try a case to completion. So let’s play the game of What’s My Record (yes a Rose Speaks original game), and then throw in the term I so love, “let Google be your friend”. Remember when playing this game that good lawyers settle at least 80% of lawsuits out of court. If what is being alleged on Topix.net and other sites has a scintilla of truth, does Powell Goldstein LLP or Bryan Cave LLP have any good trial lawyers? If either firm does have good trial litigators would they add them to Stern’s legal team at this point in the “game”?

My challenge for you if you so choose to accept, (yes a take off on “Mission Impossible” wording), research and tell us what percentage if ANY of cases won by Wood if he goes to trial with a case. Does he win none, does he win some, does he win less that 5%, let us know.

On an update, there was no papers filed in the Florida Court on Friday, November 14 of a joint stipulation of settlement and joint Motion to Dismiss, perhaps Stern has decided he wants “one new pair of shoes” since that seems to be the topic of Topix.net and other sites.

Share with us what you find on L. Lin Wood winning in front of a jury if that is available on the world wide net, and I will check PACER and let you know what I find over the years say since 1990 to present tried to a jury verdict and if tried to a jury verdict the percentage appealed.

©Rose Turner
November 15, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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Howard K. Stern in a happier time

On October 31, 2008, John O’Quinn and the O’Quinn Law Firm filed a Motion that requested that they not be made to turn over financial documentation based on the settlement reached on October 30. In that filing to the Florida Court the lawyers for O’Quinn and the O’Quinn law firm stated in part, “[T]hat the matter before the Florida Federal Court was fully resolved during a confidential mediation on Thursday, October 30, 2008. Pursuant to the mediation agreement that was executed by and between the parties, a stipulation and order will be submitted to this court, memorializing the agreement, and providing for the retention of jurisdiction by this court for the enforcement of the terms of the settlement”. The lawyers for O’Quinn and the O’Quinn Law Firm stated in that Motion that they anticipated that a “draft of the Order” would “be submitted to the Court at some point toward the middle part of next week”. That would be an estimate of the formal stipulation would be filed some time between November 4 and November 7.

On November 4, 2008 there was a Court Order from Florida Federal Court that Postponed the Requirement of John O’Quinn and the O’Quinn Law Firm to provide the ordered financials on O’Quinn and the O’Quinn Law Firm until November 10, 2008, which was the “deadline for the two sides to file a Joint Motion to Dismiss with Prejudice”. It appears that has still not been done.

Could there have been a collapse in the finalizing of that “Agreed Settlement”? If so, will the trial go forward on December 29? Since O’Quinn’s lawyers requested more time for the Mediation and was granted that until December 1, will the two sides actually have until that date to meet with each other and the Mediator to work out any part of the stipulation that the two sides have found they cannot agree with?

It appears the Court would like to know those answers as well. On November 12, 2008, the Federal Court for the Southern District of Florida has now ordered Stern to “Show Cause why the Stipulation of Settlement with Joint Motion to Dismiss with prejudice”, was NOT filed within the 10 days that the court set. That would have made them due no later than November 10, if no settlement has been reached it would now appear that the financial statements of O’Quinn is also due. The standard phase of failing to filing a “Show Cause” by Stern could result in dismissal of the case.

I am taking this that the Court would like for Stern to clue them in as to what the hold up is or is it full steam ahead to trial because something broke down during the finalizing of the Mediated Settlement. Could the fact that someone pretending to be Wilma Vicedomine posting on Topix.net less than 24 hours of the agreed settlement that, “Howard K. Stern settled for attorney fees with no money for him to even buy a pair of shoes”, now hurt the settlement? If you don’t remember that see my article dated October 31 about someone being stupid enough to pretend to be Vicedomine with inside information of the settlement. If that was in fact a leak of any of the potential terms of the settlement where will this case go now?

I would bet we know something by the end of this week with a filing by Stern’s lead lawyer, Lin Wood with the Florida Court.

Please join us in chat tonight to discuss this case and all of the other cases Rose Speaks.com is covering or just to kick back and get to know each other.

Pick up the papers in our download section opened to ALL, not just members of Rose Speaks.com, read them and share your thoughts with us.

©Rose Turner
November 12, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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L Lin Wood

Stern and other POGO, [Powell Goldstein], clients find themselves facing as some say POGO is about to be gobbled up and gone like the wind. That kind of sounds like Thanksgiving and a great southern novel rolled up into one.

I think all of us paused and wondered if L. Lin Wood would remain at POGO, or if he would leave to become his own boss/maverick again, what about this Merger/Acquisition and more importantly would POGO drop clients like Howard K. Stern and leave them to scramble to find new representation. Let’s face it folks, with the amount of POGO lawyers assigned to Stern’s legal teams in various state and federal jurisdictional lawsuits, until the “undisclosed monetary settlement”, of October 30, with John O’Quinn and the O’Quinn Law Firm, POGO had received very little on it’s return in the last 17+ months. However whether Lin Wood remains with POGO or parts ways, I see that as not affecting his representation of Stern other than Stern making some decisions. Which by the way if I were Stern I would make some anyway. There are several things Stern could do based on a recent interview with L. Lin Wood where Mr. Wood stated, “He’s [Howard K. Stern] a down-to-earth good guy, a smart lawyer.” If needed I bet Stern could take over many of his own cases, slim down the teams, do a lot of his own research and briefs [memorandum of laws], cut costs and still continue to win. Stern could keep M. Krista Barth, remember her from the Florida hearings where at times she was doubled and tripled team by John O’Quinn, Debra Opri and the hoard of lawyers in that court? Stern could also keep Lin Wood; I bet Mr. Wood would not miss seeing the outcome of the New York case and the South Carolina case for anything. Then Howard K. Stern could “interview”, yes, clients do get to work with attorneys they feel are a match for their personalities; select one attorney to be his liaison, with the new and improved POGO and VOILA, you have a trimmer, but just as lethal legal team then the multitude of lawyers from POGO who are on each of Stern’s cases right now.

HOWEVER, that being said, I don’t see that there will probably be a need for that in the Stern camp.

According to Law.com a newsletter for attorneys, “Atlanta-based Powell Goldstein has found a merger partner. On Jan. 1, the firm will become part of Bryan Cave, a 945-lawyer international firm with deep roots in St. Louis.”

James J. McAlpin Jr. says, “This is a transformational event for us, it propels us into a different league.”

The article goes on to state that [POGO], Powell Goldstein’s partnership [yes Lin Wood if a full partner at POGO], voted unanimously to approve the deal Thursday afternoon and the Bryan Cave partners approved it by an overwhelming majority on Friday, following a week of electronic voting from the firm’s 17 law offices.

With Powell Goldstein’s 220 lawyers, Bryan Cave will have 1,165 lawyers, well above the head count [of POGO’s Atlanta competition] at King & Spalding.

W. Scott Sorrels, a 22-year PoGo veteran who’s leading the integration of the two firms on the Atlanta side with other partners believe they’ll be equal partners in the combined firm, even though it’s not a merger of equals”.

Sorrels goes on to say in the article released online late yesterday, October 31, “I am firmly convinced that our people will have a tremendous amount more opportunity on Jan. 1 than they did on Dec. 31. It exceeds our expectations. It’s like winning the Super Bowl and the World Series all in one.”

The article highlights the possible benefits in the merger by pointing out, “The two firms’ revenue per lawyer are commensurate. Bryan Cave’s RPL last year was about $590,000 — just $10,000 more than PoGo’s. McAlpin acknowledged that the Midwestern firm’s average profits per partner last year, at $690,000, were still much higher than PoGo’s $550,000, but did not seem bothered by the disparity. “You might as well play tennis with a better tennis player,” he said.

In another part of the long article, they go on to quote, “Bryan Cave’s chairman, Don G. Lents, said Powell Goldstein is a cultural fit for his firm as well. Our strategic view of the world is based on the fact that we are a relationship-oriented firm, built around … clients with whom we have longstanding relationships and represent in a variety of legal matters, instead of parachuting in on a big transaction or piece of litigation, he said.

Powell Goldstein will give Bryan Cave an entree into the Southeast, where it does not have a presence. Add complementary practices to the mix, a Washington, D.C., office that will double in size, plus a presence in Charlotte and Texas — where Bryan Cave, which has an energy practice, would like to be — and an interesting possibility becomes a deal.

Some Bryan Cave partners, like their partners-to-be from PoGo, prefer to characterize the deal as a combination, not an acquisition — even though their firm will absorb the smaller one.

“It’s a combination, not a slash-and-burn acquisition,” said Kenneth L. Henderson, the Bryan Cave partner who’s overseeing the integration. Henderson was a member of the 170-lawyer New York firm Robinson Silverman, Pearce, Aronsohn & Berman that Bryan Cave acquired six years ago in its last major acquisition.

Several PoGo partners said almost all of the Robinson Silverman lawyers still are at Bryan Cave — a major reason they are comfortable with the merger.”

The article specifically mentions L. Lin Wood by saying, “McAlpin made a number of moves to get PoGo back into fighting trim. The firm started to winnow less productive partners to beef up its profits and revenue-per-lawyer, while bringing in several rainmaking lateral partners in 2005 and 2006, including high-profile plaintiffs litigator L. Lin Wood, who was adding companies to his client roster of famous people.”

McAlpin says in one part of the article, “…PoGo was looking for an international firm with as little of a Southeastern presence as possible.”

McAlpin goes on to say, “that he and his partners liked that their St. Louis suitor had a national footprint that included offices in New York, Washington, D.C., Chicago, Los Angeles and Phoenix — but no office in the Southeast.

Bryan Cave’s 26-year-old London office, plus additional offices in Europe and Asia also were selling points. The firm has law offices in Shanghai and Hong Kong plus trade outposts in six other Asian locales. As part of Bryan Cave, PoGo’s lawyers would be able to handle their clients’ matters over large parts of the U.S. and the world, without having to engage local counsel.

Three of Powell Goldstein’s lawyers — McAlpin, Robin R. Green and Rick Miller — will join Bryan Cave’s executive committee. McNeill will continue as the Atlanta managing partner — for now for Bryan Cave –.”

The Atlanta office will be called Bryan Cave Powell Goldstein for the next two years before dropping the Powell Goldstein as their clients become comfortable in the move and then the Atlanta office will also be called Bryan Cave LLP with the other 17 multiple national and international offices keeping the Bryan Cave LLP name throughout the merger period.

“Powell Goldstein will mark its 100th birthday when the merger goes into effect in January. At that time, the firm’s Atlanta headquarters will become the largest local office of any of the city’s international firms, including those of Jones Day and Paul Hastings Janofsky & Walker, currently the largest.

With 158 lawyers and professionals, the Atlanta office will also become Bryan Cave’s second-largest office, in a close tie with its 154-lawyer New York office, according to the firms’ Web sites.”

The article outlines that the new larger multi-office firm will be beefing up its Dallas Texas office with additional staff to give it a further reach in places where currently Bryan Cave wants to enlarge their market and presence.

The article ends with McAlpin saying, “We’ve achieved our goal,” I believe this will do it. It makes us competitive with anyone in this marketplace in terms of product quality, depth and breadth of practice areas and geographic reach.

The Atlanta office will expand; we have the opportunity to recruit people who share our appreciation of collegiality and teamwork, whom we may not have been able to recruit before because of our platform.”

With the “settlement for an undisclosed amount”, with John O’Quinn and the O’Quinn Law Firm last week, my bet is that Wood brought in more than the average revenue per lawyer at POGO of $580,000 per year. That should get him his choice of offices on January 1, to continue the litigation and I hope full public trials in the New York and South Carolina Cases for Stern. In my opinion, it will take a full public trial to begin to clear Howard K. Stern’s tarnished reputation courtesy of O’Quinn and Rita Cosby. I hope Wood adopts that philosophy he some times quotes as quoting, “…[S]unlight is the most powerful of all disinfectants. New York Times v. Sullivan, 376 U.S. 254, 305 (1964).”

So in your opinion after reading the article, looking at the information and tables provided in the article, will the merger help clients like Howard K. Stern, or will Lin Wood decide to become a one or two man firm in Atlanta once again? With this settlement will O’Quinn now be out of Stern and Wood’s lives on other pending litigation, since O’Quinn is known to just keep coming at you and eating up all resources? I had predicted that the Florida case would be tied up in trial and appeals for at least 10 years, so will O’Quinn now walk away and leave Stern and Wood to fight “bigger fish” in public trials?

On a personal, NO I DON’T BELIEVE IT NOTE. One of the alleged blogging pals of Wilma Vicedomine stated on Topix.net, in a post that was forwarded to me that the settlement reached on October 30, stating that “the only thing that hks got out of Mr. O’Quinn is a new pair of shoes. Zilch on the money “. Now do you believe that Wood and Stern walked away with “zilch money”? Also supposedly Vicedomine is out blogging away with her newest moniker of FYI from Houston, saying things like; “ROSE SAYS: Vicedomine, there is no way to spin this one, one billionaire down in the Lin Wood and Howard K. Stern “team” in this lawsuit and how many left? Well, now I can turn my complete attention to the Texas cases…” and quoting bloggers from Rose Speaks.com with what could be perceived as an alleged threat of: “To Daisy: I believe in justice too - yours are also coming.:-)” There is just no way I am ever going to believe that Wilma Vicedomine would be stupid enough to be out blogging away now that O’Quinn has listed her as an employee of his firm, I am sure she has more control then doing something that stupid. So whoever is pretending to be Vicedomine on Topix.net, stop it, you are giving her probably an unjust bad name. O’Quinn has a tighter control over his employees then to allow those kind of leaks, and statements made about pending litigations.

©Rose Turner
November 1, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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Howard K. Stern in a happier time

In what took all of us by surprise, very quietly, Robert Klein made a recovery from the flu, the mediation went forward, and the parties reached an Agreement. Howard K. Stern settled his lawsuit against John O’Quinn and the O’Quinn Law Firm for an “undisclosed amount”. With that one sentence 17+, month’s litigation comes to an end.

What will we ever know - NOTHING of the specifics. It will be dismissed with Prejudiced by Agreement of both sides and we will never know how much Lin Wood and team got in legal fees, or how much Howard K. Stern received to begin a new life. All that will be said in the future is “Both sides are pleased with the outcome”, and with that one of the biggest defamation cases to hit in many years, comes to an end.

Michael Allen Hanzman the Mediator selected by both sides and presented to the Court on October 18, 2007, worked his magic and turned in his report. Case Settled by Agreement of the Parties. Mr. Hanzman issued a Mediator Report, “all parties, [Howard K. Stern and John O'Quinn], and their counsel, [Lin Wood, Krista Barth, Neil McCabe and Robert Klein], were present, and that the case was settled in its entirety. The parties have executed a confidential Mediation Settlement Agreement”.

Since we know Lin Wood’s batting average on defamation cases, we will be left only to speculate what Mr. Wood was able to get for his client Howard K. Stern from John O’Quinn and the O’Quinn Law Firm. My bet is that Mr. Wood and Mr. Stern had drinks together tonight, and said, “Wow what a long road and now it is over, just that fast”.

Wonder what was in those depositions and confidential documents filed under Seal by Howard K. Stern on October 27, that the Mediator looked at and the meeting today was fruitful. We my friends will never know, but there had to be something there don’t you think?

Most cases that settle in Mediation, goes like this: a long day, but the Mediator is blunt about the facts, what can be proved at trial and what the chances are winning is to the defendant. After that is established in mediation, then it is merely the amount on the check, how much for the lawyers, and how much does Howard K. Stern walk away with after taxes.

The saddest thing to me in this bittersweet victory, a long time coming, is that the tabloid infotainment has moved on to the next big story. I would bet the farm that a public apology to Howard K. Stern was not part of the agreement; only the amount on the check will have to suffice Mr. Stern in this bittersweet victory. Vicedomine, there is no way to spin this one, one billionaire down in the Lin Wood and Howard K. Stern “team” in this lawsuit and how many left?

©Rose Turner
October 31, 2008
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