Issue:  2006-03-28

Hankering for a Fair Trial

♦ The Circuit

Dashing David Boies, deliberating on client Maurice Hank Greenbergs upcoming ordeal tried a different approach: Hes too famous to get a fair trial, Boies told a student audience at the New York University School of Law. The legal system disadvantages the rich and famous, just as it does the impoverished and obscure, Boies said. More often than not, the people you are defending have disadvantages, and those are not always of race and poverty, Boies said, adding, Those disadvantages can simply be having a high public profile and being somebody people want to attack. Greenberg, Boies said, has clearly gotten more scrutiny than he would have.

Richard Grasso and others may profit if this line of reasoning works in any form. On its face, it seems a little ridiculous, but, then, so does the attack-by-press-release approach used against many top figures.

Lobbying by the Numbers

The New York Temporary State Commission on Lobbying cited spending by the lobbying industry to a total of $149 million for 2005. These expenses are detailed in reports filed by 2,578 clients represented by 4,264 lobbyists and 78 public corporations. Whew! Thats expensive smooth-talking. And you wonder why theres global warming?

For the ninth straight year, the firm of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, reported the highest compensation totaling $6.9 million. Lynch Associates, Inc. follows earning $4.2 million.

Reports from special interest groups show (and Im not being ironic!) that mental and health organizations spent $19 million. Trade Associations reported $11.8 million, followed closely by Real Estate and Construction interests at $10.6 million. Clients ranked by highest expenditures are: CSC Holdings, Inc., at $12.6 million (Cablevisions parent); Madison Square Garden, LLP at $6.1 million; and Jets LLC at $3.4 million.

The largest lobbying contract is held by the Hotel Trades Council of NYC at $1.5 million; followed by The East River Realty Company, LLC at $364,946 and the Trial Lawyers Association (NYS) at $321,527. The commissions board is comprised of the following members: chairman Paul L. Shechtman and vice chairman James P. King, along with commissioners Patrick J. Bulgaro of Slingerlands, Andrew G. Celli, Jr. of New York, Kenneth J. Baer of Troy, and Michael A. Lenz of Saratoga Springs.

Small Business, Big Tax Break

The State Senate Majority is sponsoring a bill that, when fully implemented, provides more than $3.5 billion in tax relief and assistance to small businesses, all 1.4 million of us. We employ 63 percent of the states workers. While the standard definition of a small business is one that employs fewer than 100 people, 85 percent of the states small businesses employ 10 or fewer workers. These businesses range from the neighborhood bakery and barbershop, to a small tool and die company, to an emerging biotechnology firm on the verge of a dramatic medical breakthrough, said State Senator Serphin Maltese (R-Queens), a strong backer of the bill.

The plan would:

Eliminate the income tax and corporate franchise tax on manufacturers, regardless of size, providing $600 million in tax relief;

Create a small business STAR program to provide direct rebate checks to small businesses that pay school taxes and employ less than 50 people, saving $435 million;

Establish a $1.7 billion plan to provide an income tax credit to help small businesses afford health insurance costs for employees; and provides incentive to offer health savings accounts and freedom policies;

Eliminate the supplemental personal income tax on small businesses, providing $400 million in relief;

Provide $60 million in relief through reforms of the corporate franchise tax;

Enact a $350 million refundable tax credit to help small businesses with rising energy costs;

Provide relief from red tape and bureaucracy by simplifying and reducing paperwork, eliminating unnecessary or overly burdensome fees and permits and creating a one stop shopping information center to help someone start or expand a small business in New York.

We compliment the initiative and thank Senator Maltese for communicating it.

Strong Resolve

The New York State Workers Compensation Board announced that it has resolved all pending issues for 312,025 new and reopened claims in 2005, marking the fifth consecutive year of 300,000 or more resolutions. A case is considered resolved when all pending issues have been determined. Nice job, guys.

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