Mark W. Buyck, Jr., NAFUSA member, who served as United States Attorney for the District of South Carolina in 1975 to 1977, was honored at the 2014 South Carolina Bar Association meeting with the DuRant Award for Distinguished Public Service. The award recognizes long and illustrious public service and outstanding leadership to the profession, community, state and nation, and is considered the highest award presented by the South Carolina Bar Foundation.

Buyck practices with the Florence, SC law firm of Wllcox, Buyck & Williams, P.A., and is a past-president of the S. C. Defense Trial Attorneys Association.  He is a permanent member of the U. S. Fourth Circuit Judicial Conference, and past-chairman of USC Law School Association. He is a former member of the Federation of Insurance and Corporate Counsel and the National Association of Railroad Trial Counsel and a member of the American College of Trial Lawyers and the American Board of Trial Advocates.  He is past-president of the S. C. Chapter of ABOTA and a current member of its national board of directors.  Buyck is past-chairman of the National College of District Attorneys Committee of the American College of Trial Lawyers and a regent and vice president of the National College of District Attorneys.

He graduated from the University of South Carolina  law school.  He is on the Board of Trustees of the University of South Carolina.  He was named Distinguished Alumni by the USC Alumni Association in 2005 and received an honorary degree from Carolina at the May 2008 graduation. Buyck has been active in civic affairs, serving as president of the Florence Rotary Club, the Florence Country Club, and the Florence Little Theatre.  He was one of the founders of the Florence Heritage Foundation, the first chairman of its board and current president.

Buyck is past President of the South Carolina Historical Society. He served for a decade on the initial Advisory Board of the Kennedy Center in Washington, D.C. He is a former member of the Executive Committee of the S.C. State Bar Foundation. He has been honored by two Governors of South Carolina with the Order of the Palmetto, the state’s highest award, and has been listed in all published editions of the Best Lawyers in America. He received the prestigious honor of the Judge Hemphill award for distinguished service to the profession and the public by the S.C. Defense Trial Attorneys Association and the Compleat Lawyer award by the USC Law School. In 2006 he was presented the Distinguished Alumni Award by the University of South Carolina and in 2008 he received an Honorary Doctor of Laws degree from the USC School of Law. Buyck is a member of the Board of Directors of The Bank of Clarendon and IRIX Pharmaceuticals, Inc. He serves on the Board of Trustees and as Secretary of Drs. Bruce and Lee Foundation and is a member of the Carolinas Hospital System Board of Trustees.

The Fort Smith (AR) City Wire reported on February 19, 2014, that NAFUSA member Asa Hutchinson (R) is tied with ex-Rep Mike Ross (D), in a poll taken in Arkansas on February 12, at 42% each in the 2014 race to succeed term-limited Gov. Mike Beebe (D). Although he faces several primary challengers, the City Wire reports that Hutchinson is considered the GOP frontrunner.

Hutchinson served as the United States Attorney for the Western District of Arkansas, 1982-1985, and in the U.S. House of Representatives. He also served as the administrator of the U.S. Drug Enforcement Administration and Undersecretary, U.S. Department of Homeland Security.

Jim Cissell at the NAFUSA DC conference

The Eighth Edition of Federal Criminal Trials by NAFUSA Past President, and life member, Judge James Cissell has just been released by LexisNexis.  This is the volume which we were initially introduced to as US Attorneys.  It is a starting point for research and a fast in-trial resource.  It covers constitutional protections, federal criminal procedure and the federal rules of evidence with straightforward language.

NAFUSA member Joe Whitley wrote the Foreword to the Eighth Edition and states that Federal Criminal Trials “takes the highly complex and indecipherable and makes it accessible and understandable to all who choose to enter into the trial of a criminal case.”

Lexis is offering a 20% discount to NAFUSA members.  The discount is available at 800 833 9844 or go to Federal Criminal Trials with the promotion code NAFUSA20.   List price is $230.00.

Don and “First Lady” Erica Stern at the DC conference

I would like to wish each of you a belated happy New Year. While we all have our hopes for this coming year (maybe less snow if you live in the South or more snow if you live in the West), my expectation for NAFUSA is really more of the same.

We continue to enjoy the warm collegiality and personal relationships that stem from our common professional history but which grow each year. We share a deep respect for the position and role of the United States Attorney and the Department of Justice. We support the laws and the Constitution of the United States, not just because we took an oath to do so, but because we know that the rule of law serves to advance and protect our rights and our nation. We share a common desire to not let our political differences interfere with our willingness to engage in rational discourse and debate. In short, we are a welcome oasis in this era of partisan gridlock and sound bites.

All of these qualities were on full display in our annual conference last Fall in Washington, D.C. Jay Stephens steady leadership culminated in what may have been our best ever conference. The programs were substantive and varied, with fantastic panelists. (How could we ever top a panel on the Supreme Court with Ted Olson and Carter Phillips, moderated by Pete Williams?)

The day of golf yielded the usual laughs and slices. The food and drinks from the scenic Jones Day rooftop was plentiful. Our “Day at Justice” with DOJ leadership was informative and inspiring. And, the boat ride benefited from great weather and my grandson taking his turn at the wheel.

Of course, the annual conference and the success of our organization were made possible because of the terrific work of our Executive Director Rich Rossman. We owe Rich (and Patty Rossman) our thanks for a job very well done.

We have begun planning for our next annual conference in Boston, October  9-11, 2014. It will be at the Fairmont Copley Plaza, a beautiful and old hotel in Back Bay which has undergone a major renovation. You will love its grandeur and location.

I am very much looking forward to welcoming you to Boston. Our city has gone through highs and lows over the past year. Indeed, the hotel is a block from the Marathon bombing sites and a mile or so from Fenway Park, the home of the World Champion Red Sox. In both instances, the strong spirit and grit of the people of Boston has helped us through this period. I know you will enjoy visiting this wonderful, walkable, and historic city. Indeed, since we are meeting over Columbus Day Weekend, you might consider planning a few extra days to see the Fall foliage in New England.

(Hear Stern interviewed on NPR about the AG’s decision to pursue the death penalty in the Boston bombing case.)

We will do our best to equal the professional and social offerings of last year’s DC conference. At the very least, you will have an opportunity to catch up with old friends and make new ones. Please check out our newsletter and website for current information about our members and about the conference. Sign up to attend when we open registration, pay your current dues  and actively encourage others to join you. The Board meets in June to advance the planning of the conference, talk about ways to expand our membership and continue to keep us on a firm financial footing.  Click to review a list of committee assignments for 2014 [pdf]. Please stay involved in this unique organization.

Donald K. Stern

On Thursday, January 17, 2014, former NAFUSA president and lifetime NAFUSA member Margaret Person Currin was elected to serve as Chairman of the North Carolina Rules Review Commission by a vote of the members of the Commission.  She was first appointed by the North Carolina Senate to membership on the Commission in 2011, was reappointed in 2013, and has served as its First Vice Chairman since her initial appointment.

The Rules Review Commission, an executive agency created by the North Carolina General Assembly in 1986, is the executive agency charged with reviewing and approving rules adopted by state agencies.   The RRC consists of ten commissioners appointed by the North Carolina General Assembly, five on the recommendation of the President Pro Tempore, and five on the recommendation of the Speaker of the House.

Currin is on the faculty at Campbell University School of Law in Raleigh, North Carolina, where she has served in various administrative and faculty positions since 1981—taking time out for her service as U.S. Attorney for the Eastern District of North Carolina from 1988-1993.

NAFUSA member David Kelley, shown left, and his partner Joel Kurtzberg, are representing New York Times reporter James Risen in his effort to have the courts recognize a reporter’s privilege that would allow him to withhold testimony in a trial of a former CIA agent.

The CIA officer, Jeffrey Sterling, is charged with providing Risen with classified information. The U.S. Circuit Court of Appeals ordered Risen to testify at trial but approved Risen’s request that the proceedings be stayed during his appeal to the the United States Supreme Court. Kelley and Kurtzberg filed the petition for review to the Supreme Court, asking the court to take the case to resolve a split among the lower courts on the issue of a reporter’s privilege.

Kelley served as the United States Attorney for the Southern District of New York and is currently a partner at Cahill, Gordon & Reindel in New York. He clerked for the Hon. T.F. Gilroy Daly of the United States District Court for the District of Connecticut. He earned his J.D. from New York Law School. While attending law school, Kelley served as a police officer and fireman in his home township of East Hampton, New York. He has been an adjunct professor at New York Law School, and has taught trial advocacy clinics at Harvard and Hofstra Law Schools.

After SDNY U.S. District Judge Denise Cote found Apple guilty of colluding with five of the six largest publishers in the U..S. in an e-book price-fixing scheme, she appointed NAFUSA life member Michael Bromwich, shown above, to monitor Apple’s antitrust policies and procedures for two years.

But the work hasn’t been easy for Bromwich. In an article in this morning’s New York Times, entitled Secretive Apple Squirms in Gaze of U.S. Monitor, The Times reports,

Most companies are reluctant to open themselves to outside inspection. Yet Apple is even resisting someone who was appointed by a court to do exactly that, leading to an unusual public feud between the world’s biggest technology company and the Justice Department.

Apple is attempting to resist efforts by Bromwich to interview Apple board members and senior executives. They also complain about his hourly rate of $1,100. But at a hearing on Monday, January 13, Judge Cote told Apple and its lawyers “to stop wasting time and start cooperating with the monitor. Apple intends to appeal to the Second Circuit.

“Apple is no position to define the scope of the monitor’s duties,” said Judge Cote, who said she would soon issue a written decision that would amplify on her ruling at the hearing. “I want the monitorship to be a success for Apple.”

 

As to the issue of Bromwich’s fee,

But Judge Cote observed on Monday that “lawyers get paid a lot of money.”

 

She also pointed to a recent article in The National Law Journal that said it was not uncommon for top lawyers at a large law firm to bill clients at a rate of $1,000 an hour. Judge Cote noted that one lawyer at Gibson Dunn, one of the firms representing Apple, billed at a rate of $1,800 an hour.

[Note: on February 10, 2014, the Second Circuit Court of Appeals declined Apple’s motion to stay pending appeal and held Bromwich may continue while Apple purses its broader appeal to remove him. The Court did, however, hold their were some limits on what actions he might pursue as monitor.]

Chester Higgins Jr/The New York Times

On Sunday, December 29, 2013, New York Mayor-elect Bill de Blasio named NAFUSA board member Zachary Carter as corporation counsel for the City of New York. Carter, shown above left, with Mayor-elect de Blasio at Sunday’s press conference.

Carter is a partner at the law firm of Dorsey & Whitney LLP in New York City, and co-chair’s the firm’s white collar crime and civil fraud practice. He served as the United States Attorney for the Eastern District of New York from 1993 to 1999. He is also a former magistrate judge of the United States District Court for the ED of New York and a former judge of the Criminal Court for the City of New York.

In an editorial in today’s New York Times, the paper said:

In selecting Zachary Carter, the former judge and United States attorney, as corporation counsel, the mayor-elect tapped someone with a long history at the top levels of the justice system. Mr. Carter has served as a criminal court judge and as a federal magistrate. But he is best known for his record during the 1990s as the United States attorney for the Eastern District of New York. He successfully prosecuted many high-profile cases, including the one against Jordan Belfort, the stock trader known as the Wolf of Wall Street, and the case against the New York City police officers who brutally assaulted Abner Louima.