The federal judge presiding over the whistleblower qui tam case brought by Bobby Maxwell has thrown out a 7.6 million dollar jury verdict in his favor on the basis that in oder for him to properly bring the case he must have “voluntarily” disclosed the fraud. In determining that Mr. Maxwell, as a government auditor, had a duty to disclose the fraud to his superiors at the Department of the Interior the court ruled that he could not be both a required reporter and a “voluntary” reporter at the same time.

This decision will no doubt be appealed and may find its way to the Supreme Court. The judge did not challenge the fact that Mr. Maxwell had only sued as a private citizen after the government had ordered him to abandon his findings that Kerr-McGee was cheating the government out of millions of dollars in oil and gas royalties it owed for resources it was pumping from public coastal waters.

This court’s decision will have a chilling effect on efforts to uncover government fraud. It should come to no one’s surprise that our government is oftentimes too close to the industries it is regulating. Indeed, in recent years we have learned that many regulatory agencies are run and staffed not by regulators but industry profiteers that continue to have deep seated interests with the companies they are regulating.

If the lower court decision in Bobby Maxwell’s case stands, it will be another blow to the efforts of citizens of this country to hold corporate wrongdoers accountable.

Tags: No Comments.

Ask an American what makes his/her country great.  What does the American tell you?

“It is our standard of living.” “It is our democracy.”  “It is our educational system.”  “It is our freedom of religion.”  “It is our right to travel without fear within our borders.”  “It is our right to due process.”  ” It is our charitable nature”.  “It is our military.”

All of these answers are correct—and here is the reason.  They all depend on the People of the United States to make it happen.

Today, I am in New Orleans attending a seminar on taking better depositions in an era of tremendous juror bias against Plaintiff attorneys and the people we represent. You would think that after 32 years of practicing law and taking hundreds of depositions I wouldn’t need the training.  That is a whole other story for another time–suffice it to say an old dog must and should learn new and better ways to help his client win.

Our country is great because we  have loving hearts and generous souls.  When you look into the eyes of the residents of New Orleans I have no idea of the pain, the suffering or the individual stories.

But we connect with our eyes, with our soul and with our common pride in our country.  The surviving New Orleans eyes are more experienced today than they were before Katrina.  But they are laughing eyes.  They are welcoming eyes.  They are the window to the soul which is the strength of America.

Tags: No Comments.

This year the firm contributed to the food shelf at Volunteers Enlisted to Serve People (VEAP) and St. Stephen Services which is dedicated to end homelessness in the Twin Cities. Often it is the loss of a job, a divorce or an addiction that can cause someone to be in a situation where they need help. The need for help can happen to anyone and bad things do happen to good people.

Just how many things or how much property is necessary for a full life? Do material things bring the rewards that we seek in life? How about success? Is it something that is determined by a scorecard or winning a case in court? These are questions that we probably will never definatively answer, but it is important to ask them because by thinking we can intiate action. Through action we can initiate change.

Perhaps things are just fine in your life but there are others less fortunate that need help. By reaching out and connecting–giving of our time, our talents and financial gifts we will receive much more than we attain through our careers or inheritances from our families.

We are stewards here for a short time. We are gifted to give ourselves- our time, our talent and money for the benefit of our earth, our nation and our fellow travelers here on this journey.

Tags: No Comments.

I recently attended a seminar and had the opportunity to hear former President Bill Clinton speak to our luncheon gathering in person, live and up front. He is a powerful and fluent presenter, particularly when his topic was non-political. He asked the questions, “How can this world become a better place?” “What can you do to help make it a better place?” “How can we engage other countries to make our world safer?”

In answering these questions, it is clear that our will as a nation should not be imposed. Rather, there must be dialogue, diplomacy and discussion about how we can use our talents and resources for the betterment of our nation and our world. We need to find ways to provide food, shelter and health care for our fellow travelers here on earth. We must extend these resources as stewards for the next generation and those to come.

We need less politics and more compassion. Our collective wisdom can send men and women to space and create nuclear weapons. Let’s get down to the business of living this day and every other to help lift up our brothers and sisters. By lifting together we can accomplish great things.

Tags: No Comments.

Who has the courage to stand up to this Administration and tell them that we do not condone torture, conviction without evidence and surveillance on citizens without due process of law? I can tell you this—–it aint’ with our elected representatives that are so afraid of the “t” word and are so afraid that if they don’t get reelected they might have to find a job. Gutless wonders. Draft our representatives, please. Those that seek power are clearly the least qualified in these times.

Tags: No Comments.