Your Friday Morning Digital Dump!

Hi there, it seems mighty quiet around here, let's see what there is to discuss in the District:

Ms. Intrepid reports that Jeremy Alters will be paying $600k to resolve one of his checking overdraft origination lawsuits:

Miami plaintiffs attorney Jeremy Alters has reached a $600,000 settlement in one of two cases brought by Argentinian law firms claiming they originated the theory behind a wide-ranging class action lawsuit on bank overdraft fees.

A similar case brought by Raponi & Hunter Abogados of Argentina is still pending, with Miami-Dade Circuit Judge Jennifer Bailey due to rule on a motion for summary judgment soon.

I found this part amusing:

Alters strongly denies he got the idea for the litigation strategy from the Raponi lawyers. He said they made an unrelated suggestion about a bank class action, but he got the idea for the overdraft case after finding three similar cases had been filed in California. He said he offered Raponi a 6 percent cut of his fees in February 2011, something he now calls "a mistake."

So there were three existing California cases, which gave you an "idea" to file a fourth?

Good idea!

Also, which part of the 6% offer was a mistake -- the offer, or the percentage (should have stuck with 5)?

The Miami Herald says vote NO on Amendment 5:

Amendment 5 would inject the Senate into the selection process of justices.

There’s no need to infuse more politics into a process that, despite some warts, has worked well the past 40 years after Florida voters gave the nod to the JNC process and retention elections for appellate judges. This ended decades of corruption at the highest levels.

The proposed amendment also would allow the Legislature to repeal a JNC rule or procedural court rules — say, deadlines for filing court documents or risk having a case tossed, or time limits to ensure a constitutional requirement for a “speedy trial” — by a simple majority vote.

Right now, such rules can be changed by the Legislature only by a two-thirds vote, thus ensuring a check but also a balance on the powers of each branch of government.

Amendment 5 simply is a political power play by Tallahassee pols backed by special interests attempting to change the balance of power. The Miami Herald recommends: Vote No.

Hey, not bad for the Herald.

Scott Rothstein and the worst product placement ever:

The uncle said he had no idea there was trouble brewing when he boarded the flight with Rothstein and a Boca Raton restaurant manager who Rothstein was bringing along as a translator.

When they landed in Casablanca, the three went to check into a luxury hotel with Rothstein asking his uncle to put the tab on Boockvor's credit card. The total hotel bill for their stay would end up being about $30,000, Boockvor said in a June deposition.

They dined at McDonald's that first night, then spent the next two days looking at apartments and houses for rent, Boockvor said. He came to believe that Rothstein was considering buying a nightclub, he said.

"Day Three is when all hell broke loose," Boockvor said.

Exactly -- we call that the "Mickey D Effect" (though it usually doesn't take three days).

Read more here: http://www.miamiherald.com/2012/10/03/3032796/dont-tread-on-judiciary.html#storylink=cpy

Gaze at the Alleged Financing of Jeremy Alters' Firm!

 According to this blockbuster charging lien filed by Scott Schlesinger in the Checking Overdraft litigation, Scott has pumped more than $2 million dollars into Alters' firm, allegedly in exchange for a sizable piece of his high-profile cases:

Since May 10, 2012, Schlesinger has provided financial support in the amount of $2,140,355.00 for the benefit of the Alters Law Firm, P.A.

Yowza!

I also like this personal guarantee allegedly signed by Bruce Rogow:

Bruce Rogow hereby acknowledges that he has read this Agreement. In his role as special counsel to the Alters Law Firm and lead counsel in the Bank Overdraft Multidistrict Litigation case, Bruce Rogow will not take any action which would violate the spirit of this Agreement and he will support the application of the Alters Law Firm to the common benefit fund in the Bank Overdraft Multidistrict Litigation case for the fee division as contemplated herein [emphasis added].

This promises to be very interesting if these boys can't work this out themselves.

"I am Honored and Humble that the President is Coming to my Home"!

 Of course he is:

"This is a day that should not be tarnished by gossip and innuendo that have no basis in fact."

Question -- shouldn't every day?

Are you getting ready for Magistrate Judge Goodman's big speech tomorrow?

Be there or be square, kiddies.

Nanny Not Invited to Jeremy Alters' Obama Fundraiser!

 Yes yes yes we can?:

When trial lawyer Jeremy Alters hosts an April 10 fundraiser for President Barack Obama at his Golden Beach home, it'll be like walking on to the set of a South Florida telenovela.

There's a spurned nanny. A hint of poison and betrayal. A multi-million case against a bank. Allegations of financial impropriety. Cut-throat lawyers. A bar complaint. An ongoing lawsuit. A lie-dector test. The forced sale of tony Colorado homes, and a $2.2 million loan made with a handshake.

This has been Alters' life for the past few years.

"Ever since I took on the banks, this all happened," said Alters, 41, who initiated a suit against Bank of America that resulted in an initial $410 million settlement.

But no spurned nanny and mere suspicious food poisoning can bring down Alters:

"It's going to take more than a nanny to bring me down," he said.

Hey, isn't that a Pierce Brosnan line from Mrs. Doubtfire?

ad more here: http://miamiherald.typepad.com/nakedpolitics/2012/03/the-nanny-diaries-obama-fundraisers-squabble-with-au-pair-sounds-like-miami-soap-opera.html#storylink=cpy

Read more here: http://miamiherald.typepad.com/nakedpolitics/2012/03/the-nanny-diaries-obama-fundraisers-squabble-with-au-pair-sounds-like-miami-soap-opera.html#storylink=cpy

Let's Talk About Love!

Yes kids, it's Valentine's Day and I'm feeling impossibly romantic.

I hope you are too?

Let's do a love edition:

1.  Wouldn't it be great if our wide-eyed, reptilian Governor said something like this:

"Look into your hearts and ask yourselves: 'Isn't it time?' " said Gregoire, as cheering supporters chanted "Thank you! Thank you! Thank you!"

"We did what was just. We did what was fair. We stood for equality, and we did it together, Republicans and Democrats, gay and straight, young and old, and a number of our faith organizations. I'm proud of who and what we are as a state," the governor said.

2.  More depos for Rothstein (somebody somewhere is loving this).

3.  Judge Marra refuses to dismiss punitive damages allegations in case involving an allegedly defective pain pump.

Through their Complaint, Plaintiffs allege actual knowledge of the danger posed by using the pain pump through the reports identified in subsections 20(c) and 20(d) of the Complaint. Plaintiffs further allege that “Although I-Flow had the capacity to use vendors to reach out to all orthopedic surgeons nationally, I-Flow’s officers and/or directors chose not to send out any Dear Doctor or Dear Healthcare Professional letters to surgeons or hospitals.” Complaint at ¶ 20(f). At least one Florida Court has determined that a product manufacturer’s actual knowledge of a danger followed by a failure to warn of that danger supports punitive damages. See Holmes v. Bridgestone/Firestone, Inc., 891 So. 2d 1188, 1191-92 (Fla. 4 DCA 2005) (“We agree with plaintiffs that the proffer reflected facts from which it could be found that Firestone knew about the tread separation, but delayed warning the public in order to protect its own financial interests. Such a finding would support punitive damages.”) The Court finds that Plaintiffs have met the pleading requirements articulated in Iqbal and Twombly and dismissal of their claim for punitive damages is not warranted.

(Ok, I only quoted this because I love talking about Iqbal/Twombly.)

4.  More love for Jeremy Alters:

The former nanny, Katelyn Sullivan, meanwhile, said in a suit filed two weeks ago that Alters charged more than $170,000 on her credit cards, withheld $20,000 in pay, and even made her sell her old Volvo because he didn't like how it looked in his driveway.

Both are bunk, Alters says. He has filed a motion to dismiss the Argentine case and this week plans to file a similar motion against Sullivan's claims.

"Her lawsuit is nonsense. Her claims are false," he says.

The part about the Volvo better be!

Ok Ok Let's Talk Alters!

The Intrepid One™ has more details on the latest installment of the continuing Jeremy Alters saga:

"In summary, there was no evidence that Alters is causing or has caused great harm to anyone," Miami-Dade Circuit Judge Marcia B. Caballero said in an order issued late Friday. "It is unlikely that The Bar will be able to prove at a plenary hearing that Alters misappropriated trust funds or that he authorized any improper transfers by clear and convincing evidence."

Miami attorney Andrew Berman, who represents Alters, said he was "elated" with the ruling.

"My client feels vindicated, but at the same time we both recognize this is the first step in the process," Berman said.

Nice win there, Mr. Berman.

A few points of interest:

*   In his testimony, Rogow revealed he provided a $2.2 million loan to Alters "on a handshake."

*    Alters and Kimberly Boldt don't share the same recollection of what happened to the trust accounts.

*   Alters got very ill and was hospitalized numerous times because he "believed he was poisoned."

*   Alters was able to raise $13 million by offering co-counsel arrangements on his class action cases.

*   Alters is purer than Ivory soap.

Hey, that's what it says!

Nothing But Flowers!

The Intrepid One™ breaks the bad news:

The court, in a 4-3 opinion, approved a petition for emergency suspension filed by The Florida Bar Dec. 22. The suspension means that Alters cannot accept new clients, must cease representing his current clients after 30 days and must freeze his trust accounts. The Supreme Court also appointed Joel Brown, chief judge of the Eleventh Judicial Circuit, to referee Alters' disciplinary case and trial.

 But Alters says it is not his fault -- it is the fault of his ex-partners:

In responses filed with The Bar on Dec. 22 and Dec. 27, Berman states that Sullivan's allegations are "demonstrably false," however he acknowledges issues with the firm's trust account. In a 100-page response to The Bar, he lays out his explanations, which include detailed financial records, canceled checks, a CPA's report and a polygraph report.

Alters turned over management of the firm to a former partner, Kimberly Boldt, in July 2009 because he was overwhelmed handling litigation and with personal problems related to his mother becoming ill and his 12-year marriage falling apart. He also blames another former partner, Thomas Culmo, for failing to deliver a $1 million fee, throwing accounts into disarray.

Neither Boldt nor Culmo returned calls for comment. Both have sued Alters, claiming he owes them money.

In other happy holiday news, Rothstein says his ex-partners were "willing puppets":

In the seven days of testimony for which transcripts have been made public to date, Rothstein painted former law partners Stuart Rosenfeldt and Russell Adler as his willing puppets. When Rosenfeldt once asked about the firm's finances, Rothstein said he stopped his law partner's questioning by asking: "Are you happy with the amount of money you're making?"
As for Adler, he "wasn't the sharpest pencil in the box," Rothstein said, but added that Adler allegedly helped persuade several outside attorneys to meet with investors and lie to them about having referred big-dollar cases to Rothstein's firm.

Attorneys for Rosenfeldt and Adler flatly rejected Rothstein's claims, calling him a desperate imprisoned felon willing to say anything to reduce his punishment.

Having ex-partners -- the gift that keeps on giving.

Does anyone have any positive news to share?

Your Friday Morning Digital Dump!

Hi kids, let's see what's happening around town this morning:

1.  Kathy Williams investiture.

2.  Poor David Boden.

3.  Republicans don't like the federal courts anymore (related -- happy 10th birthday, Patriot Act!).

4.  Good federal judges matter.

5.  More Jeremy Alters.

(Of course he has to file suit first!)

"Did You Get a Cease and Desist Letter"? Click.

Much like a certain peg-legged captain, The Intrepid One™ has been doggedly hunting an angry white sperm whale reporting on the recent travails of prominent attorney Jeremy Alters.

In today's DBR Julie reports on what happens when you ask the wrong question:

Plaskett of Duane Morris said he sent a cease-and-desist letter to Alters ordering him to remove Taylor's photos and any mention of him from No Ceilings' website several weeks ago. The website was out of commission today with a notice saying, "Updated site coming soon!"

Alters denied ever claiming Taylor was a client.

"He's represented by CAA," Alters said today. "He's a friend of mine."

Alters hung up when asked whether he received a cease-and-desist letter from Plaskett.

Hung up?  On Julie?

Now that's just wrong.

Use your sweet tongue, your gifts of subtle persuasion, the art of misdirection, ply her with roses -- anything -- but to simply pull the rip cord on the entire conversation?

Do you really want to make Julie mad?

Jeremy Alters Is An Obama "Bundler"?

Among the usual list of big money Obama bundlers like lawyers Chris Korge and Kirk Wagar is none other than Jeremy Alters, who despite firm squabbles still managed to raise somewhere between 50 and 100k for the President's re-election.

Small change compared to the big boys, but it'll still get you a seat at a State Dinner honoring Chancellor Merkel.

Looks Like Jeremy Alters Has Finally Made It!

And by "made it," I'm not referring to his firm's role in the recent BoA checking overdraft settlement preliminarily approved by Judge King the other day, I'm talking about getting sued for a percentage of the fees that may be recovered down the road:

As an exhibit, the suit includes a copy of a contract between Campos and Alters' former firm, Alters Boldt Brown Rash Culmo. The agreement stipulates Campos agreed to work exclusively for Alters to develop potential cases.

"Campos brokered significant relationships on behalf of … Alters ... in Latin America such as top members of the government, law firms, attorneys and other noteworthy persons who were instrumental in the origination of cases pursued by the Alters law firm as a result of its agreement with Campos," the complaint said.

Hmm, these things don't ordinarily end too well for anyone involved.

This part isn't too good either, if true:

Campos y Asociados also alleges it originated the Bank of America lawsuit pending before U.S. District Judge James Lawrence King and is entitled to a 25 percent origination fee. Alters acknowledged the class action was originated by Campos in an email Aug. 21, 2008, according to the suit.

Alters has hired Andy Hall, who has moved to dismiss the suit claiming these are foreign attorneys unauthorized to practice law in Florida, and thus the contract is illegal or unenforceable?

If so wouldn't that leave a quantum meruit or unjust enrichment-type claim?

Bobby Gilbert Leaves Alters for Grossman Roth.

Gilbert Grossman Roth

The turmoil at Jeremy Alters' firm continues as class action litigator Bobby Gilbert is apparently leaving for PI powerhouse Grossman Roth.

This according to Judge King who is supervising the checking overdraft MDL, and who entered an order noting Gilbert's move to his new firm, creating a new position for Bobby as "Coordinating Counsel" and appointing Grossman Roth to the plaintiff's executive committee.

The Court also appointed war horse (ed. note -- this is a compliment!) Aaron Podhurst to serve as co-lead counsel with Bruce Rogow.

Congrats on the move Bobby!

SFL Friday -- Jeremy Alters Cleans House.

Well kids, it's beginning to feel like the holidays -- I just set a depo in March(!), so apparently no one plans to work for at least the next six weeks minimum.

What else?

Paul Brinkmann, writing behind the SFBJ firewall, has a great piece on all the departures, defections, lawsuits, and other rumors swirling around recent changes at Jeremy Alters' firm.  Here's a choice tidbit:

Alters acknowledged that moving the firm into heavy-duty, national class actions meant a longer-term payoff, but he predicted large fees from the eventual settlement of the cases, especially Chinese drywall litigation.

Neither Boldt nor Culmo returned phone messages and e-mails about their issues with Alters.

Not discussed -- who keeps all those fakakta surfboards?

But seriously, we wish all involved good luck and much success.

In other news men should do more chores, here's a liberating way to improve voter turnout, and communication is apparently a form of foreplay?

Oy veh -- have a great weekend!

"Turn Your Heartache Right Into Joy"

Well there's a rose in the fisted glove
And the eagle flies with the dove
And if you can't be with the one you love honey.....

Can you believe Mark Sanford actually pulled out the "I did not sleep with that woman" defense:

Sanford also said that he "crossed the lines" with a handful of other women during 20 years of marriage, but not as far as he did with his mistress.

"There were a handful of instances wherein I crossed the lines I shouldn't have crossed as a married man, but never crossed the ultimate line," he said.

"The ultimate line" -- I like that a lot.

"Hey baby, ready to cross the ultimate line"? Once you go over, you never go back.

BTW, I've been working on maintaining my ultimate line for as long as possible -- it's a tantric sorta thing.

Hmm, two days of interviews with the AP, yet the reporter never managed to ask the Governor about squaring his refusal to resign with his public votes and denunciation of that other guy who never crossed the ultimate line:

In 1998, Sanford was a Republican congressman from South Carolina when he demanded "moral clarity" from Clinton and called on him to resign. "Very damaging stuff. This one's pretty cut and dried," Sanford told The Post and Courier in September 1998. "I think it would be much better for the country and for him personally [to resign]." So far, Sanford has not indicated that he has any plans to resign as governor.

Ok Governor, I think I grok you:

Don't be angry - don't be sad
Don't sit crying over good times you've had
There's a girl right next to you
And she's just waiting for something to do

Speaking of lovin' the one you're with, Michael Hanzman has gone and done it again -- effective July 1, he will be of counsel to his buddy Scott Link at Ackerman, Link & Sartory, P.A.

And his former partner and permanent citrus crusader Bobby Gilbert is now teamed up with Bruce Rogow and Jeremy Alters.

No snark; these are good fits all around.

Congrats boys, and good luck!

SFL Friday -- Before The Flood

Didn't this week start with the weather all dark and rainy? Why does Friday feel like Monday?

But that's ok, it's always windsurfing weather somewhere -- you just have to find it like. say, in China.

But I hope you stay dry and do something productive and fun this weekend.

Did you see Jeremy Alters just won a billion dollar verdict.....against the Cuban government. Could you imagine if at the end of the hearing Judge Adrien denied it or granted a JNOV?

It's nice to win, Jeremy, but it's no fun when the other side won't put up a fight!

Me, I plan the usual diversions. First and foremost is to pump those endorphins, then I plan to learn more about something called a "Marinelli bend," study how certain people hold their glasses, and of course I will probably wind up in Davie gazing at a Lover's Moon.

Actually, I do plan to sit still long enough to watch the new Churchill war movie on HBO, Into The Storm. What can I say, Churchill war porn always does it for me, folks.

Hey look -- none other than our very own Glenn Garvin makes the front page of HuffPost! Trust me, Glenn, more exposure for you is probably not a good thing.

And finally, I urge you to wrap your hands around something delicious this weekend -- I always do!

Have a nice one, folks.

Grand Slammin' It With Jeremy Alters and Bruce Rogow.

So there I was yesterday, waiting patiently with the unwashed masses for my free Grand Slam breakfast over at the Denny's on Biscayne Boulevard and 36th street, when who walks in but Jeremy Alters and his entire Design District firm, including new special counsel Bruce Rogow:

"Hey guys, hold on a minute -- what are you doing? There's a long line here, you can't just walk in and jump over everybody else."

“He’s Bruce. He can have whatever he wants,” Alters said. “It legitimizes everything we’ve been doing, and frankly, I’m completely honored that he would do it.”

"Umm, ok. But Bruce, please be careful, you literally did a double backflip over that homeless guy to grab that table for your new firm."

“Being associated with people who really have 30 or 40 more years to practice law gives me new energy.”

"Now give me my free breakfast," Rogow added.

Alright, I have a confession -- some of the foregoing may not be entirely true.

Still, in all seriousness, what an intriguing and unusual pairing, I happen to think it's an excellent fit.

Congrats all!