DAN ACKMAN
ON LAW

Giuliani and the War on Taxis
Slate—December 19, 2007
When he is not billing himself as the 9/11 candidate, Rudolph Giuliani bills himself as a law and order candidate. But when he was mayor of New York, Giuliani often acted as if law was for other people. Before he's handed the reins to the war on terror, the mayor's willingness to impose harsh and even illegal rules should be well understood.

Free Dennis Kozlowski
Wall Street Journal—October 25, 2007
It's hard to rally much sympathy for L. Dennis Kozlowski. Apart from his criminal conviction, the ex-CEO of Tyco International is best remembered for buying a $6,000 shower curtain, throwing a $2 million birthday party for his (much younger) wife, and for having Tyco buy an $18 million apartment on Fifth Avenue, tacking on another $5 million to spruce the place up. Still, his conviction, which will be appealed today, is questionable at best. Despite millions for his defense, Dennis Kozlowski was railroaded.

Dispatches From a Mob Trial: Where the bodies are hidden
Slate—March 31, 2006
Peter Franzone, a sixth-grade dropout who never learned to read, had done pretty well for himself regardless. He parlayed a job as a tow-truck driver into his own business, Valiant Towing, and added an auto-body shop and a 75-spot parking lot to his portfolio. Then one day, a friend came by and asked him a favor.

Dispatches From a Mob Trial: Anatomy of a Mafia mole
Slate—March 17, 2006

"How's your health?" asked the prosecutor.
"So-so," Burton Kaplan replied. It was the most boastful thing he'd say in three days on the witness stand, where he blithely recounted his many crimes as a 40-year associate of the Lucchese family.

The Price of Justice

The New York Times—February 12, 2006
OVER the past several decades, the scope and clout of the city's administrative law courts have swelled to the point where there are now at least 500 administrative law judges scattered among a dozen agencies.

$52,688,249 Can Blow Your Mind
Forbes.Com--April 28, 2005
For those who are unaccustomed to having multimillion-dollar lines of credit from their employers, Dennis Kozlowski's finances can be a difficult concept.

Kozlowski Speaks!
Forbes.Com--April 28, 2005
The infamous former CEO ends his silence. His role in the new trial could lead to a different result.

Tyco Trial: From The Mouth Of Boies
Forbes.Com--April 08, 2005
Star lawyer explains how Tyco paid its allegedly criminal CFO a golden parachute worth $45 million.

Skadden Arps And The $5 Billion Footnote
Forbes.Com-- March 24, 2005
Today, there is a new legend afoot about a footnote that could have cost JPMorgan Chase $5 billion--or more, depending on how you count it. The footnote was written not by a lawyer but a U.S. federal judge, Denise Cote, presiding over the WorldCom bondholder lawsuit. Sources close to JPMorgan say it caused the bank to settle the bondholder lawsuit late in the day at a price far higher than that paid by its fellow underwriters.

Martha And The Mandelas
Forbes.com-- July 20, 2004
Stewart tells Larry King she's not the same as Nelson Mandela, except both are committed to justice.

Quattrone II: Bulls, Pigs And Oxygen Pirates
Forbes.com-- April 29, 2004
A prosecutor flails away at the banker as both sides rest. Plus: a visit from the Lord Mayor.

The Case Against Credit Suisse
Forbes.com-- April 22, 2004
Frank Quattrone sent one e-mail and there is no solid evidence any documents were destroyed as a result. Still, Quattrone is on trial in a Manhattan federal court for obstruction of justice. Meanwhile his colleagues at Credit Suisse First Boston, who presided over systemic document destruction, walk free.

Tyco Trial: Attack On Juror No. 4
Forbes.com--March 30, 2004
They may not deter her, but they might keep jurors elsewhere from weighing evidence as they should.

Tyco Trial: Fraud And Farce
Forbes.com--March 17, 2004
It's difficult to read jurors' well-earned boredom. Have they already decided the case is hopeless?

Martha Stewart and The Search For Meaning
Newsday-- March 10, 2004
The conviction of Martha Stewart has set off a frantic search for what it all means. Pundits point to "lessons" that will supposedly reverberate in the legal system, in the stock market, in corporate boardrooms and in the defense bar. In fact, Stewart's downfall was essentially personal, and the lessons may be hers alone. The early indication, though, is that even she has failed to learn.

Martha Trial: 'A Conspiracy Of Dunces'
Forbes.com-- March 03, 2004
If two smart people were trying to deceive the government, wouldn't they get their story straight?

Martha Trial: 'It Makes No Sense'
Forbes.com--March 02, 2004
The risk to career and fortune makes no sense, yet it appears that the tip and cover-up occurred.

Martha Trial: Count 9 Stuck In Judge's Craw
Forbes.com--February 27, 2004
The securities fraud charge was dismissed, but Stewart's not free and clear yet.

Martha Trial: 'No Specific Recollection'
Forbes.com--February 25, 2004
The defense rested its case after its sole witness couldn't recall a key moment in her interview with feds.

Martha Trial: Tales From Beyond The Court
Forbes.com--February 19, 2004
Old newspaper clips get a fresh read, and defense lawyers object to documents they introduced.

Martha Trial: Transcripts And Lies
Forbes.com--February 12, 2004
Who said what, to whom and when? Key meetings were not recorded verbatim, so we may never really know.

Martha Trial: Recovered Trash
Forbes.com--February 11, 2004
Phone messages, taken and not, take center stage in the case against the domestic diva.

Martha Trial: 'Lots And Lots Of Calls'
Forbes.com--February 09, 2004
Douglas Faneuil was a human switchboard on the day of Stewart's now famous ImClone trade.

Martha Trial: 'Change The Hold Music--Or Else'
Forbes.com--February 05, 2004
The bond between broker and assistant ended badly; the one between Faneuil and Stewart was never good.

Martha Trial: 'Everyone Is Telling The Same Story'
Forbes.com--February 05, 2004
The assistant testified he gave Stewart inside dope. But if dirty work needed doing, why delegate?

The Wrights Flights Made Them Famous.
Their Patent Battles Made Them Crazy.
American Lawyer -- Dec. 2003
On December 17, 1903, in Kitty Hawk, North Carolina, Orville Wright took off in a flying machine and landed 120 feet away. It was the first time in history a machine carrying a man had flown into the air by its own power, moved under control, and landed at a point as high as that from which it started. The event caused no shockwaves, because, for one thing, the brothers, though they issued a brief statement, did little to publicize their achievement. Second, the few people who did learn about the flight probably didn't believe it. At the time, the idea of heavier-than-air flight was thought to be the province of crackpots.

Unspeakable
Web Exclusive -- Dec. 12, 2003
Four out of five U.S. appellate court decisions are literally unspeakable. What this means is that the vast majority of opinions by federal appeals courts are deemed "unpublished" and cannot, for the most part, be cited in later cases. They are the law for one case only, which may mean they hardly deserve to be called law at all.

Cover Up? Yes, But Not By Quattrone

Forbes.com -- Oct. 8, 2003
Quattrone is on trial, but it's CSFB that displayed a somewhat casual attitude about subpoenas.

The Trial Of Dennis The Menace

Forbes.com -- Sept. 29, 2003
The Tyco chief will argue that it ain't stealing when they give it to you--and the argument should work.

Martha's Vow: My Crime Is My Innocence
Forbes.com - June 6, 2003
Stewart and "her distinguished attorneys" are locked in a legal fantasyland. Enjoy it while it lasts.

Martha's Goose On Slow Burn
Forbes.com - June 5, 2003
Yesterday's indictment piles on the evidence that Stewart's stop-loss story was a crock.

Wall Street Settlement Is Just Slap on the Wrist
New York Newsday - May 1, 2002
This week the Securities and Exchange Commission held a press conference at which it announced a settlement of charges with 10 of the largest firms on Wall Street. New York Attorney General Eliot Spitzer starred at the press conference, and compared himself to Teddy Roosevelt. Everyone there agreed the deal was "historic...."

A Raw Deal
The Wall Street Journal - April 29, 2003
Frank Quattrone is in a curious pickle. The defrocked investment banker from Credit Suisse First Boston now stands as the lone criminal defendant in the government's widespread investigation of abuses in the IPO market. He has been charged with "obstruction of justice." But he hasn't been charged with any crime the investigation of which he allegedly obstructed, and neither has anybody else....

For Wall Street, Fines Are A Day's Pay
April 29, 2003
At the press conference yesterday announcing the settlement with the major Wall Street banks, New York Attorney General Eliot Spitzer compared his work to that of President Theodore Roosevelt, and the U.S. Securities and Exchange Commission called the deal "historic." But there are reasons for skepticism....

States Are Hooked On Tobacco
April 9, 2003
Judge Nicholas Byron is not with the program nor is he a team player. But there is hope as the once-obscure jurist from Edwardsville, Ill., is starting to get the message...

The Supreme Court's Wacky 'Guideposts'
April 8, 2003
Nearly every case decided by the U.S. Supreme Court is exceptional to the point of being ridiculous--and yesterday's punitive damages decision is no exception....

Altria Gains Victim Status
April 4, 2003
Philip Morris is in trouble. How do we know this? It's not because the company faces a $10 billion judgment in an Illinois class-action lawsuit....

Judge To Fat Plaintiffs: Where's The Beef?
January 23, 2003
The obesity lawsuit against McDonald's always had a fat chance of success and now Judge Robert Sweet has stuck a fork in it....

0.2% for the Mouse!

The Wall Street Journal - January 17, 2003
When Congress passed the Sonny Bono Copyright Term Extension Act, the event was obscure enough that even people in the movie business were hardly aware....

In L.A., Smoker Gets $28 Billion, Er, Million
December 19, 2002
A judge in Los Angeles yesterday ordered the damages award to be paid by Philip Morris to a smoker to be reduced from $28 billion to $28 million. This is the kind of story where you really have to watch for typos. The difference between $28 billion and $28 million is just one letter, a single keystroke. But otherwise, it's a big deal....

BDO Seidman And The Accountants' Revenge
November 8, 2002
Rise accountants! You have nothing to lose but your pocket protectors! That's silly--accountants don't use pocket protectors, not for years. They use PDAs, just like the investment bankers...

Andrew Fastow, Fall Guy
October 3, 2002
The criminal complaint against Andrew Fastow, Enron's defrocked chief financial officer, paints a picture of how he defrauded the company and its board, which led to its collapse. It's a story suggesting that Fastow's unjust taking of $37 million from Enron's coffers caused the failure of a company with "sales" of more than $150 billion and "assets" worth $62 billion. ...

Probing Bias of TLC Judges
Taxi Talk - June 2002
Talk to any cabbie and he is likely to tell you that the Taxi and Limousine Commission courts are biased, or corrupt, or worse....

The Case Of The Fat Aerobics Instructor
May 9, 2002
San Francisco has a law preventing discrimination against fat people. Is that as nutty as it sounds?

One Really New Rule For Analysts
May 9, 2002
The SEC floats new rules much like the old ones. Here's a modest proposal that's truly new.

Walter Hewlett Makes His Case
April 26, 2002
Considering the overall stink on Wall Street, the court should side with Walter Hewlett.

Outclassed: Davis Polk for the Defense
The American Lawyer - February 2002
Sotheby's defendant had a defense team befitting his lofty status. But the prosecution had the facts -- and a deadly touch.

Of Executives And Privilege
January 30, 2002
The Cheney-GAO showdown raises constitutional issues about who in the government can keep secrets from whom.

Enron's Lawyers: Eyes Wide Shut?
January 28, 2002
Enron hired Vinson & Elkins to investigate its partnerships. The lawyers said there were few worries.

Court Report: The Taubman Trial
December 13, 2001
A. Alfred Taubman had a lot to lose at his trial on price-fixing charges. Now he's lost it.

Dunce Caps For Microsoft--And Its Critics
December 11, 2001
Microsoft is tweaking proposed settlement of private lawsuits. But the main idea is still nutty.

Analyst Lawsuits: Blaming The Cheerleader
August 8, 2001
Investors are suing analysts, blaming them for losses. Analysts deserve abuse, but not like this.

HMOs And Their Discontents
August 3, 2001
The House bill on HMOs and patients' rights, despite debate on details, indicates a new consensus.

Bronx Cheer For Due Process

The New York Observer - July 23, 2001

There is a scene in the movie The Verdict where Paul Newman, playing attorney Frank Galvin, insists to Charlotte Rampling that the idea of a law court is not to dispense justice. The court, Mr. Newman’s character says, exists to give people “a chance at justice.” But even in this ideal, the New York City Taxi & Limousine Commission has a problem, because most cabbies believe that in the T.L.C.’s courts, they have no chance.

Top Of The News: High Court Punts; Sauls Rules
December 5, 2000
After the Supreme Court took a pass, a Leon County judge dismissed Vice President Gore's claims.

Top Of The News: Fair Or Not, Gore Looks Lost
November 28, 2000
After certification of the results, the election contest begins. For Gore, the battle is increasingly uphill.

Top Of The News: Florida Supreme Takes Over
November 20, 2000
Both parties will bring their case to the Florida Supreme Court. They agree on one thing: The law is clear.

Top Of The News: To Count Or Not To Count
November 13, 2000
The Bush lawsuit to stop the recount is a longshot, and could prompt court actions by the Gore campaign.

Tech Lawyers Appeal For Sloth
October 3, 2000
Napster and Microsoft want the courts to take their time--long enough for their decisions to become irrelevant. Will justice delayed mean justice denied?

City Denies Due Process to Cabbies
New York Newsday - September 21, 2000
BACK IN November, Danny Glover complained that he had trouble hailing a cab because he was black. Glover's complaint is long-standing and legitimate, and few cabbies deny it is often true. But Glover is a movie star, so the mayor and the Taxi and Limousine Commission jumped to react as never before.

Big Hurt For Big Tobacco
July 13, 2000
A class-action suit in Florida could put cigarette makers on death row. But some analysts say they expect it to go away.

The TLC is Driving Cabbies Nuts
The Daily News - June 2, 2000

A few months ago, I was spending a lot of time in taxi garages reporting on a story about the lives of immigrant cabbies. Nearly every cabbie I spoke to told me that what I really should be writing about was the Taxi & Limousine Commission and its courts. "Kangaroo courts," the drivers said.

Hack Justice: One Lawyer's Cab Ride....
The American Lawyer - June 2000

As an associate for a major Wall Street law firm, I had deposed Donald Trump. I had also litigated in landlord-tenant court. So I thought I knew something about blowhards and a little about due process. But I knew nothing, nothing until I encountered the New York City Taxi and Limousine Commission.

The Worst Court in America

Columbia Journalism School Masters Project - April 2000

Ebenezer Asamoah idled in his yellow cab at a red light on the corner of Delancey and Allen. When the light changed, he drove across the street and stopped for a burly man in a camouflage jacket who stood 20 feet past the intersection. The man got in. Then he ordered Asamoah to hand over his keys. This was neither a robbery nor a kidnapping--though it had elements of both....

DAN ACKMAN -- ATTORNEY AT LAW

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