Federal
Project Golden Spike (2010): Serving as a senior consultant on constitutional law matters impacting a federal project designed to streamline budgetary oversight authority. Project is being managed through the Office of Management & Budget, and through oversight by Professor Laurence Tribe.
Bee’s Automotive, et al. v. City of Clermont (M.D. Fla. 2010): Action for declaratory and injunctive relief premised upon local government’s suppression of local business owner’s political speech. Preliminary injunction granted by District Court in March 2010, and case resolved positively in November 2010.
United States of American v. Clara Hansen (M.D. Fla. 2010): Defense of client charged with violations of the Controlled Substances Act for alleged cultivation of marijuana. Defense strategy premised, in large part, upon challenge to federal jurisdiction under Commerce Clause to homegrown cultivation of marijuana without evidence of any outside distribution.
New Amsterdam Project Management Humanitarian Foundation v. Laughrin (N.D. Cal. 2009; 9th Cir. 2009): Prosecution of securities fraud case against law firm for complicity and lulling activities pursuant to its clients’ defrauding of plaintiff in the amount of $10 million. Case involved use of crime-fraud exception, as well as eventual appeal of summary judgment premised upon statute of limitations. Case remains pending on appeal before the United States Court of Appeals, Ninth Circuit.
United States of America v. Gerald Green (E.D. Cal. 2008): Defense of client charged with violations of the Foreign Corrupt Practices Act (FCPA) involving, in part, spirited defense to Government’s efforts to disclose attorney-client confidential communications under the crime-fraud exception. Other aspects of the case focused specifically upon the required elements of violations under the FCPA.
United States of America v. Karen Fletcher (W.D. Pa. 2006): Defense of client charged – for the first time since pre-Kaplan v. California – with federal obscenity offenses based upon ‘the written word.’ Case defense included drafting of comprehensive motion to dismiss premised upon the argument that ‘the written word’ could not be deemed obscene under modern standards, and adopting an intensive analysis of historical, literary, grammatical and psychological underpinnings of written works.
Campbell v. National Railroad Passenger Corp. (AMTRAK) (D. D.C. 1999): Prosecution of class-action, race discrimination case pursuant to 42 U.S.C. § 1981 and Title VII against all three (3) regional sectors of the Nation’s largest railroad passenger company. Case involved intensive investigation and motion practice.
Kelvis Rhodes v. Cracker Barrel Old Country Stores (N.D. Ga. 1999): Prosecution of class-action, race discrimination case versus prominent national restaurant chain alleging systemic violations of 42 U.S.C. § 1981 and Title VII. Case involved serious motion and deposition practice, and implicated several issues regarding attorney-client privilege and non-profit involvement pursuant to NAACP v. Button and In re Primus.
Burnette v. Cooker Restaurant Corp. (M.D. Fla. 1999): Prosecution of class action, race discrimination case versus national restaurant chain alleging purposeful, blatant violations of 42 U.S.C. § 1981 and Title VII. Case entailed intensive motion and deposition practice.
State
Armando Ramirez v. Osceola County Canvassing Board, et al. (Fla. 9th Judicial Cir. 2010): Election challenge arising over improprieties with the vote tallying of a county commission race. The challenge is intended to force a recount
State of Florida v. Brian Doyle (Fla. 10th Judicial Cir. 2008): Post-conviction defense of former Assistant Communications Director for the Department of Homeland Security.
State of Florida v. Nicolas Ortiz (Fla. 9th Judicial Cir. 2008): Defense of local police officer charged with Perjury. Case dismissed following the filing of motions arguing materiality and violations of rights under Garrity v. New Jersey and Kastigar v. United States.
Veranda Partners, LLC v. Giles (Fla. 9th Judicial Cir. 2007): Defense of local law enforcement officer sued by large developer for defamation-styled offenses. Case also involved successful countersuit against the developer alleging its violation of Florida’s SLAPP (“Strategic Lawsuit Against Public Participation).
Kent J. Nauman v. Springwood Condominium Association (Fla. 18th Judicial Cir. 2007): Successful prosecution of disabilities discrimination and retaliation action on behalf of amputee against local condominium association and its board of directors.
State of Florida v. Clinton McCowen (Fla. 1st Judicial Cir. 2006): Defense of Internet webmaster charged with Racketeering and Money Laundering, and predicated upon allegations of obscenity and prostitution. Defense included arguments opposing efforts to affiliate production of adult content with prostitution; the scope of the Commerce Clause and federal preemption; the scope of the community under the Miller standard; and the scope of any alleged criminal enterprise. Case also involved the use of Google Trends to demonstrate community standards.
State of Florida v. Christopher Wilson (Fla. 10th Judicial Cir. 2005): Defense of Internet webmaster charged with over three-hundred counts of obscenity-related offenses following posting of Iraq War civilian atrocities. Defense included, in part, arguments involving the proper scope of the Commerce Clause, federal preemption, and privacy.
State of Florida v. Elizabeth Book (Fla. 7th Judicial Cir. 2005): Defenses of local female protestor during Daytona Beach Bike Week charged multiple occasionally following her well-publicized, politically-motivated protest of topless laws. Cases, following arguments regarding the protected nature of political speech, resulted in respective acquittal and dismissal.
In re Maureen Bell (Fla. 9th Judicial Cir. 2006): Representation of local county judicial candidate in recount of election. Initial results reflecting a deficit eventually – through aggressive representation and oversight – resulted in the client’s come-from-behind victory.
State of Florida v. Brant Copple (Fla. 9th Judicial Cir. 2004): Defense of local crafts worker charged with threatening to detonate explosive device. Following persistent motion practice and argument on First Amendment grounds, charge against client was dropped by the state prosecutors.
State of Florida v. Lloyd Barnard (Fla. 7th Judicial Cir. 2003; Ga. Superior Ct. 2003): Defense of cleaning supply company owner against both criminal and civil Racketeering allegations. Strategy entailed a direct challenge, pursuant to Fifth Amendment’s Excessive Fines Clause, to statewide governmental distribution of RICO proceeds.
State of Florida v. Carlos Lopez-Alonso (Fla. 20th Judicial Cir. 2001): Defense of local émigré on charge of Attempted First-Degree Murder. Defense strategy involved motions arguing violations of Miranda rights, as well as violations of the Vienna Convention on Consular Relations.
Published Decisions
State of Florida v. John Stelmack (Fla. 2d DCA – December 3, 2010): Appeal of elementary school principal’s conviction for possession and manufacturing of child pornography. Appeal premised, in part, upon Supreme Court jurisprudence providing that virtual images of children do not qualify as “child pornography” because there is no actual, direct harm to children. The client’s conviction and sentence were reversed on statutory arguments that Florida’s child pornography statute does not prohibit virtual images of sexual conduct absent engagement from an actual child.