1 MIAMI-dade NEW YORK DEVELOPER BUYS 3 ACRES NEAR MIAMI RIVER See Page A9 TUESDAY, APRIL 29, 2014 Official Court Newspaper of South Florida DailyBusinessReview.com vol. 88, no. 222 $2.00 DAILY BUSINESS REVIEW INSIDE law Supreme Court to hear fish tale The U.S. Supreme Court will hear the case of a Florida fisherman who wants the court to throw out his conviction for getting rid of some small grouper under a federal law originally aimed at the accounting industry. A2 Sheriffs oppose medical Pot The Florida Sheriff s Association is set to make a large push against the legalization of marijuana. Voters will decide on the legalization of medical marijuana in November. A3 Forensic ACCOuntants team up Veteran forensic accountants Soneet Kapila and Barry Mukamal are joining forces, opening the consulting firm KapilaMukamal LLP with offices in Miami and Fort Lauderdale. A3 Dewey trial may take months The government said it expects the trial of Dewey & LeBoeuf s former leaders to take more than four months and that one likely witness is John Altorelli, a former Dewey executive committee member who is now a partner at DLA Piper. A5 Practice Focus: Employment Suhaill Machado of the Fort Lauderdale office of Fisher & Phillips takes a look at the effescts of President Barack Obama s executive order prohibiting federal contractors from retaliating against employees for disclosing their pay levels to co-workers. A8 commercial real estate Existing Homes sales hit record NAR chief economist Lawrence Yun says improved weather allowed more buyers to see homes and make offers on them. A9 Marijuana Two former state prosecutors launch medical pot practice by Julie Kay At the Miami-Dade state attorney s office, Julian Stroleny and Christopher Pagan routinely sent marijuana growers and those in possession of pot to jail and wrestled with their guilt at night. Now, the 29-year-old lawyers will be helping the same people they once prosecuted in their new private law practice, consulting with medical marijuana growers and entrepreneurs. In mid-april, Stroleny and Pagan quit their public jobs and started a criminal defense law firm in downtown Miami called Pagan & Stroleny. While handling rape, animal cruelty and other criminal defense matters, the firm will carve out a specialty in medical marijuana consulting. see marijuana, Page A4 Development Luxury projects in works for downtown Fort Lauderdale J. Albert Diaz Julian Stroleny and Christopher Pagan are part of a burgeoning niche in Florida and elsewhere focusing on the legal implications of liberalized marijuana laws. Transactions Four vacant lots added to Russian s Miami holdings by Eleazar David Melendez public notices & the courts Public notices, court information and business leads, including foreclosures, bid notices and court calendars. B1 Public notices from Miami-Dade, Broward and Palm Beach also available at DailyBusinessReview.com/ public_notices.jsp. Public notices published in newspapers statewide available at FloridaPublicNotices.com. Should you have delivery questions, call Postmaster: Send address changes to Daily Business Review, PO Box , Miami, FL Published daily Monday through Friday, except legal holidays, by ALM Properties, LLC., 1 SE 3rd Ave., Suite 900, Miami, FL 33131, (305) ALM, Daily Business Review (USPS ) (ISSN ) Miami Subscription Rates: One year (253) issues - basic (individual and small firms) $429 plus tax; discounted group rates available. Single copies (M-F) - $2. Back issues when available (M-F) - $6. Periodicals postage paid at Miami, FL. Premier Developers soon will demolish the old Sunrise Hall East motel to make room for Riva, a 100-unit condo development seen in a rendering above. by Samantha Joseph The tide is turning for high-end real estate on the water in Fort Lauderdale as investors return to create luxury developments after about a seven-year lull. In the next 30 days, Premier Developers will demolish the old Sunrise Hall East motel to make room for Riva, a 100-unit condo development with private pontoon water taxi, dock, boat slips, cafe and private park. Just north of Sunrise Boulevard at 1180 N. Federal Highway, on the Middle River across from George English Park, the developer will put $50 million into a once-booming submarket that investors say is re- see river, page A11 A Russian billionaire who has been snapping up parcels in Miami s Edgewater neighborhood has added to his significant holdings. Oleg Baybakov, the Russian mining tycoon behind 700 Edgewater Development LLC, has amassed much of the property near the waterfront between Northeast 26th Street and Northeast 26th Terrace. His largest purchase came in February when he paid $21.5 million for the residential tower at 700 NE 26th Terrace. The latest purchases involve four lots just east of that property. Baybakov paid an average of $271 per square foot for a combined 32,040 square feet in transactions that closed April 16 and 17, Miami-Dade County records show. As see baybakov, page A9 ON APPEAL 5th DCA extends media protection to graduate student blogger See Page A16 Robert Rogers
2 A2 dailybusinessreview.com TUESDAY, APRIL 29, 2014 DAILY BUSINESS REVIEW From the Courts Supreme Court to hear tale of three missing fish by Mark Sherman The Associated Press Not even U.S. Supreme Court justices can resist a good fish story. The court said Monday that it will hear the case of a Florida fisherman who wants the court to throw out his conviction for getting rid of some small grouper under a federal law originally aimed at the accounting industry. Commercial fishing boat captain John Yates argues that the federal government used its mighty power to convict him of tossing overboard three fish that were under the 20-inch minimum legal size for red grouper caught in the Gulf of Mexico. Yates was prosecuted under part of the law Congress passed in 2002 in response to the Enron scandal and abuses in the accounting industry. He said the law s anti-shredding provision is intended to prevent the destruction of financial records. The Obama administration said the law plainly prohibits the destruction of tangible objects, including fish. The tale begins in 2007 on board the Miss Katie, a commercial fishing boat out of Cortez on the Gulf of Mexico. A Florida fish and wildlife officer boarded the Miss Katie in the Gulf for a routine inspection, according to court documents. The officer noticed several fish that appeared to be too small and eventually counted 72 red grouper that were under 20 inches long. He ordered those fish to be set aside so that authorities could seize them when the boat returned to port. Four days later, after a federal inspector got involved in the case, the same Florida officer measured the fish again and this time counted only 69 that were too small. The officer suspected that the A commercial fishing boat captain was convicted of tossing overboard three red grouper that were under the 20-inch minimum legal size. He was prosecuted under part of the law Congress passed in 2002 in response to the Enron scandal and abuses in the accounting industry. undersized fish he looked at in port were not the same ones he measured at sea. A member of the boat s crew was questioned by federal agents and eventually said Yates ordered the undersized fish to be thrown overboard, according to a federal appeals court opinion. A jury convicted Yates of getting rid of the undersize fish and a judge sentenced him to 30 days in jail. The federal appeals court based in Atlanta upheld the conviction. Yates disputed that any fish were too small, but the Supreme Court case turns only on the use of the federal law against him. He said owners of fishing boats refuse to hire him because they fear his presence on their boats would lead to more trouble with the federal government. I am now unable to make a living doing what I love to do, he said in article he wrote for Politico. Yates said he can t believe that a fisherman could be ensnared by a law intended to stop the white-collar crime of destroying evidence to frustrate an investigation. Something smells rotten in his story, he said, and it isn t the fish. Yates v. U.S., , will be argued in the fall. Senate unanimously passes child-welfare reform bill by Margie Menzel News Service of Florida Until the last minute, members of the Florida Senate amended their child-welfare reform measure and then, by a vote of 37-0, sent it to the House its last legislative hurdle before going to Gov. Rick Scott. The House version (HB 7169) was unanimously approved by the House Appropriations Committee on Tuesday. The two chambers are ever closer on policy details, and on Tuesday they quickly agreed on funding an additional $47 million for child protection in the budget year that begins July 1. Senate Children, Families and Elder Affairs Committee Chairwoman Eleanor Sobel, D-Hollywood, and Nancy Detert, the Venice Republican known for championing young adults aging out of foster care, proposed a series of amendments. One stipulated that a safety plan for at-risk children can t rely on parental promises to stop drinking or allowing abusive boyfriends in the home. Another provision requires the privatized community-based care agencies, which oversee adoption, foster care and other services, to post their top executives salaries on their websites. mark foley/ bloomberg news State Sen. Eleanor Sobel, D-Hollywood, said the DCF reform bill needed to be passed ASAP. Detert also offered an amendment tweaking perhaps her top priority: stipends for non-relative caregivers, the neighbors and teachers and family friends who take in abused and neglected children but who aren t blood relatives and don t qualify for financial support. The bill had already added these foster families to those eligible for small stipends. But Detert discovered that the foster children of non-relative caregivers wouldn t qualify for the same help with higher education as other foster kids. Since the bill will put children placed with nonrelatives in the Relative Caregiver Program, we needed to revise the tuition-exemption statutes slightly to include those children, she said. We do not want to inadvertently keep kids from getting tuition because they re (placed with) nonrelatives. The legislative scrutiny had been underway for months, following media reports of a wave of child deaths from abuse and neglect. Wider legislative efforts ramped up as it became clear that many of the victims had already been known to the Department of Children and Families. Overall, both chambers bills require more transparency from DCF about child deaths and more accountability from the lead community-based care agencies. Both would use tuition waivers and loan forgiveness programs to help front-line staff get their social-work degrees. The bills would create rapid-response teams to conduct immediate investigations of child deaths, establish the Florida Institute for Child Welfare to conduct policy research and create the position of assistant secretary for child welfare at DCF. Both would keep siblings together and medically fragile children in their communities whenever possible. The issue of keeping siblings together is deeply important to the advocates for youth who lobby lawmakers about improving the child welfare system. It prompted another Detert amendment, addressing earlier bill language about keeping siblings together in group homes when space is available. Advocates have argued that the bill language could lead to more children being placed there than with foster families. Detert said studies have shown that toddlers who were placed in foster homes were much more likely to form attachments with their caregivers than children who had been institutionalized. Foster homes with a loving foster family should be our first placement for every child, Detert said. But Sen. Tom Lee, a Brandon Republican who sits on the board of directors of A Kid s Place a group home in his district that prides itself on providing a family setting said foster homes aren t always available to take sibling groups. Senator Detert wants to try to keep them together, and so do I, he said. We prefer to keep them together in a foster facility, but that s not always practical. The amended bill passed the Senate to applause. This bill needs to be passed ASAP, Sobel said. CORRECTIONS In an article published April 24, the Daily Business Review incorrectly reported the Third District Court of Appeal reversed monetary sanctions against DuPont & Co. and its counsel, Shook Hardy & Bacon, in litigation over the fungicide Benlate. There were no monetary sanctions against DuPont and no sanctions of any type against its law firm. The trial judge struck DuPont s pleadings as a sanction. The appellate court found DuPont did not commit a fraud upon the court and also vacated a $1.4 million jury verdict. In a verdict summary published April 24, Jeffrey L. Blostein of the Law Office of Jay Cohen in Fort Lauderdale was incorrectly listed as a defense attorney in a medical malpractice case that produced a $30 million award. Blostein represented Wellington Regional Medical Center, which won summary judgment in its favor and was not involved in the trial. Dr. David Adler also was dismissed from the case before trial.
3 FLORIDA LAW REVIEW DAILY BUSINESS REVIEW TUESDAY, APRIL 29, 2014 dailybusinessreview.com A3 Florida, Seminole tribe near new gambling deal by Gary Fineout The Associated Press Scott Gov. Rick Scott and the Seminole Tribe of Florida are close to reaching a new deal that could force legislators to once again consider the future of gambling in the state. So far there haven t been any details released, but legislative leaders have confirmed that Lt. Gov. Carlos Lopez-Cantera met with them last week to let them know a deal with the Hard Rock hotel and casino owner could be reached soon. We basically said, When you have a deal, let us know what it is, Florida House Speaker Will Weatherford said Friday. We d love to look at it and we ll tell you what we think. A spokeswoman for Florida Senate President Don Gaetz said that Gaetz told Lopez-Cantera he would be interested in learning more if negotiations are finalized. A person close to the negotiations says the Scott administration is considering a May spe- Lopez-Cantera cial session to consider a new compact with the tribe. The person requested anonymity because the person isn t authorized to discuss the deal. A spokesman for the Seminole Tribe said they wouldn t comment. Frank Collins, a spokesman for Scott, emphasized that a final deal has not been reached. There is no deal, and without a deal, there cannot be any decision on how to ratify a deal, Collins said. The Seminoles and Florida reached a deal in 2010 to give the Seminole exclusive rights to have blackjack and other table games at three Broward County casinos and others in Immokalee and Tampa. Part of that deal expires in That deal guaranteed more than $1 billion in revenue to the state. Florida legislators earlier this year were considering a comprehensive gambling bill that could have resulted in competition for the tribe by allowing new resort casinos coming to South Florida. But the legislation stalled after Weatherford said he wanted Scott to renegotiate the compact with the tribe before proceeding any further. Weatherford also said he wants to place a constitutional amendment before voters that would require any future gambling expansions to be approved by voters. Talk of the latest deal is coming when legislators are just days away from ending their annual session on Friday. If the governor asked legislators to consider a deal with the tribe next month it would come when he has the proposed $75 billion state budget on his desk. Scott has line-item veto power that gives him the ability to eliminate individual spending items being sought by legislators. But that may not guarantee that lawmakers would go along with a new Weatherford compact with the tribe. I don t see the Florida House being leveraged into anything, Weatherford said. We have been very good to the governor this year. Some legislators may not consider giving a new deal to the tribe if legislators do not promise help to the state s existing dog tracks and horse tracks. And Democratic legislators say they may not vote for a compact if they aren t included in the negotiations. Democrats are in the minority, but they may prove crucial in a vote on a new compact. In the past some Republicans have been unwilling to vote for anything that could be viewed as condoning or expanding gambling. Quite frankly, we don t have any motivation just to ratify what the governor does, said Florida House Democratic Leader Perry Thurston, D-Plantation. Florida ranked fourth overall in gambling revenue among Indian casinos with $2.2 billion in 2012, behind California, Oklahoma and Washington. The figure is a 3 percent increase, the second straight year of growth after a decline in Florida sheriffs campaigning against medical marijuana The Associated Press The Florida Sheriff s Association is set to make a large push against the legalization of marijuana. Voters will decide on the legalization of medical marijuana in November. The association sent an to sheriffs across the state during the winter asking for their support. The Tampa Bay Times reported that 63 of 67 sheriffs were in favor of opposing any measures to legalize the drug. The association is also looking for the support of substance-abuse awareness and antidrug groups to be part of the Don t Let Florida Go To Pot campaign. It also says there has been a spike in crime and traffic accidents in states that have passed similar legislation. Of the 20 states with the highest driver acknowledgement of drugged driving, 15 were states that have passed legislation legalizing marijuana, the association said in a statement. The Los Angeles and Denver police departments have reported significant increases in crime since marijuana was legalized in their respective states. The association said marijuana has a high potential for abuse and presents significant dangers to youths in the state. The legalization of marijuana will make this drug more readily available and easier to obtain by teens, as they would not need parental consent to get a physician s certification for marijuana, the association said. With no quality or dosage control, there is nothing in place to prevent these storefront marijuana dispensaries from selling to minors. Pasco County Sheriff Chris Nocco said he doesn t have an issue with legitimate uses of medical marijuana, but believes, the real purpose of this amendment is for recreational marijuana to be legalized.
4 A4 dailybusinessreview.com TUESDAY, APRIL 29, 2014 DAILY BUSINESS REVIEW law briefs Kapila, Mukamal Open Consulting Firm Veteran forensic accountants Soneet Kapila and Barry Mukamal are joining forces, opening the consulting firm KapilaMukamal LLP with offices in Miami and Fort Lauderdale. Kapila and Mukamal, both certified public accountants, will serve as co-managing partners. As sitting members on the panel of U.S. Chapter 7 bankruptcy trustees in the Southern District of Florida, Kapila and Mukamal are regularly appointed as chief restructuring officer, corporate monitor, examiner, Chapter 11 trustee, liquidating trustee or receiver for troubled companies. The new firm will offer fiduciary and insolvency services including restructuring, forensic and investigative consulting; litigation support services such as expert witness testimony; and business valuations and matrimonial forensics. Kapila has been operating Kapila & Co. in Fort Lauderdale since 1993, while Mukamal has practiced with Marcum LLP in Miami since (Julie Kay) Florida Senate approves local pension reform A compromise measure that would change the rules on how local governments can spend insurance-premium tax dollars to fund firefighter and police pensions sailed through the Senate on Monday despite indications it could get caught up in a broader debate about retirement plans for public employees. The Senate voted 36-0 to pass the legislation (SB 246), which would allow local governments and labor unions to negotiate over how to spend the premium tax money. If the two sides can t reach a deal, the money would be sifted through a complicated formula. State law currently restricts how the money can be spent. The House version of the overhaul (HB 7181) links the local reforms with a proposal by Speaker Will Weatherford, R-Wesley Chapel, to revamp the Florida Retirement System. Weatherford s plan is bitterly opposed by unions representing the state and county employees who are members of the FRS. (News Service of Florida) Flood insurance bill gets House OK After homeowners received a major scare about rate increases, the Florida House on Monday approved a bill aimed at drawing more private insurers to write flood-insurance coverage in the state. House members voted to approve the bill (SB 542). The Senate approved the bill earlier, but the measure will have to return to the Senate because of changes made in the House. Lawmakers began looking for ways to expand private coverage after it appeared that tens of thousands of Florida homeowners could get hit with massive increases under the National Flood Insurance Program. While Congress has alleviated those concerns, state lawmakers have continued working on the issue. House sponsor Ed Hooper, R-Clearwater, questioned whether the federal government and Congress would take care of flood-insurance needs and said the bill gets the government off our back. Added state Rep. Dwight Dudley, D-St. Petersburg: We need this bill. It doesn t solve everything. It doesn t fix the entire problem. But it s a good step in the right direction. But state Rep. Kevin Rader, a Delray Beach Democrat and insurance agent, said people should buy coverage backed by the federal government. We don t need this bill to move forward, Rader said. (News Service of Florida) House backs Alzheimer s research program Pointing to the prevalence of Alzheimer s disease in Florida, the state House on Monday unanimously approved a bill (HB 709) that would create a new research program and lead to standards for memorydisorder clinics. This is a looming issue for our state and our nation, bill sponsor Matt Hudson, R-Naples, said. The bill would create the Ed and Ethel Moore Alzheimer s Disease Research Program named after Hudson s grandparents that would help fund research at universities and research institutes into the prevention, diagnosis, treatment and cure of the disease. (News Service of Florida) FROM PAGE A1 Marijuana: Decision to launch firm was largely financial Frankly, I was very happy at the state attorney s office, Stroleny said. Coming out of law school, it s one of the top jobs you can get in the country. I got wonderful trial experience. But we were both put in a position where we couldn t afford to stay any longer. Stroleny and Pagan are part of a burgeoning niche in Florida and elsewhere focusing on the legal implications of liberalized marijuana laws. As Florida gears up for a November ballot measure that would legalize medical marijuana, and as marijuana bills move through the state Legislature, lawyers are wasting no time launching practices to help entrepreneurs hoping to start medical marijuana businesses either farms, grow houses, dispensaries or franchises. Miami lawyer Jeffrey Feiler is selling franchises for $75,000 and has a number of orders already. Other lawyers starting practices to help medical marijuana dispensers are Norm Kent of Kent & Cormican in Fort Lauderdale. Stroleny and Pagan said their reason for launching the new firm was largely financial. However, they also want to help those in need of medical marijuana due to illness, post-traumatic stress disorder and other conditions. Gray Areas Stroleny, a graduate of Florida International University College of Law, has $215,000 in college loans and was making $41,000 at the state attorney s office. Pagan, a graduate of Syracuse University School of Law, has $177,000 in college loans and was making $46,000 a year as a prosecutor. Stroleny said he came to the realization he had to leave the state attorney s office and go into private practice after his father died suddenly in December. He had been financially subsidized by his family but knew that was no longer an option. At roughly the same time, Pagan learned his girlfriend was pregnant and had the same financial epiphany. The two friends looked at each other one day and said, Let s do this. We had always gotten along, we knew we were capable of this, and we knew as prosecutors some people would see us as a dream team, Stroleny said. If I was starting a medical marijuana business, I d probably want ex-prosecutors helping me saying you can do this, you can t do this. It s still a gray area and not defined yet, and you don t want to make any mistakes. Stroleny had fulfilled only half of a three-year commitment to the state attorney s office, but State Attorney Katherine Fernandez Rundle waived the rest of it as a favor to him. Pagan completed his three-year commitment in April. A spokesman for Rundle s office said she had no comment on the prosecutors resignations or their new practice. After quitting their jobs, the duo leased office space in the White Building in downtown Miami and launched their website, They did not consult with The Florida Bar about their plans. The Bar has no rules on attorneys advising medical marijuana clients, although other bar associations are considering them. In Nevada, where medical marijuana just became legal, four city attorneys and the Nevada Bar Association have written to the Nevada Supreme Court asking for guidance on whether attorneys can ethically advise clients because state and federal drug laws conflict. Business Knowledge In addition to numerous criminal defense clients, Pagan and Stroleny are working with two major medical marijuana clients and have a retained a Tallahassee lobbyist for their cause. Those that wait until November will be too late, Stroleny said. We re ahead of the game. We can get clients access to the licenses. Kent, the Fort Lauderdale lawyer, said he s concerned about lawyers like Stroleny and Pagan with little or no business background jumping into the pot business like it s a gold rush. I hope that people who ultimately engage individuals to be consultants will properly After quitting their jobs at the state attorney s office, Pagan and Stroleny leased office space in the White Building in downtown Miami and launched their website, screen the qualifications and experience of their potential counselors, Kent said. While it s free enterprise, I don t know that these prosecutors who were prosecuting drug cases a couple weeks ago have a skill set in business consultations. It worries me how quickly people are stepping into this as a get-rich-quick scheme. There s a wealth of experience that goes into this, and if you make a mistake your client is going to jail. The young lawyers are not only motivated by the cash they will earn. They also have strong feelings that medical marijuana should be legal. Marijuana is an untapped resource that should be available to the general public, said Pagan, who formerly prosecuted drug trafficking and grow house operators. Too many people are suffering from ailments, and it s unfortunate that marijuana has been illegal. Harsh Laws Knowing friends and family undergoing chemotherapy or suffering from multiple sclerosis or AIDS who would be helped by medical marijuana, Stroleny felt increasingly conflicted about his job. Because I m forced to uphold the law and the constitution, my hands were bound, Pagan said. He was able to get veterans suffering from post-traumatic stress disorder who were busted for pot possession into diversionary programs. Pagan was also feeling a clash between his job and his personal views. The laws right now are harsh for grow houses, he said. They do a threeyear mandatory minimum. Sometimes, the people prosecuted are just those who are watering the plants, Cubans and Haitians who need money or a place to stay. When asked whether they themselves have ever smoked pot, Stroleny and Pagan answer affirmatively. We all went to high school, Pagan laughed. Julie Kay can be reached at (305)
5 DAILY BUSINESS REVIEW TUESDAY, APRIL 29, 2014 dailybusinessreview.com A5 the firm Prosecution says Dewey trial could last several months by Christine Simmons The government said it expects the trial of Dewey & LeBoeuf s former leaders to take more than four months, and that one likely witness is John Altorelli, a former Dewey executive committee member who is now a partner at DLA Piper. Prosecutors from the office of Manhattan District Attorney Cyrus Vance Jr. and defense counsel returned Monday to the courtroom of Supreme Court Justice Robert Stolz to discuss discovery and trial schedule. The four Dewey defendants former chairman Steven Davis, former executive director Stephen DiCarmine, former CFO Joel Sanders, who moved to Greenspoon Marder in Fort Lauderdale, and ex-client relations manager Zachary Warren are accused of taking part in a scheme to defraud and steal from the firm s lenders, investors and others. They have pleaded not guilty. Stolz told the parties he wanted to see a trial start by January Assistant District Attorney Peirce Moser said it could take four to six months to present the government s case. Moser said that one issue still to be addressed was the representation by Zuckerman Spaeder of both Warren, a defendant, and Altorelli, a prosecution witness. The people have an independent obligation to make the court aware of any potential conflict, Moser said. maggie soladay Four Dewey & LeBoeuf defendants are accused of taking part in a scheme to defraud and steal from the firm s lenders, investors and others. They have pleaded not guilty. It is likely that Altorelli will be called as a witness, Moser said, adding that a question remains whether or not he [Altorelli] will testify in a way that s adverse to defendant Warren. Zuckerman partner Paul Shechtman, who represents Warren, said the conflict is not a serious one and has been waived by both sides. Stolz asked that Warren and his attorneys return to court at a later date to address the issue. Warren left Dewey in mid-2009 and enrolled in Georgetown University Law Center. He is a clerk at the U.S. Court of Appeals for the Sixth Circuit. Altorelli left Dewey in Spring 2012 for DLA, where he is co-chair of its U.S. finance group. Shortly before Dewey filed for bankruptcy, Altorelli said he had five of the best years of my career at Dewey. He said if the firm s fatal merger had happened earlier, Dewey would be in different circumstances. It s just unfortunate timing, he said at the time. In the interview, Altorelli said most lawyers are not good about taking advice given to clients. They are surprisingly obtuse when it comes to their own situation, he said. Altorelli also said that Davis was a solid person who put everyone s interests above his own, but the CEO is a guy who takes the axe. He did not return a call for comment on Monday. Altorelli made headlines in April 2012, when The New York Post reported that he was in a relationship and living with Russian spy Anna Chapman before she was deported. Warren is named in one indictment with Davis, DiCarmine and Sanders and is also named in a separate indictment. Moser told Stolz that prosecutors will seek to consolidate the cases. But Shechtman raised the likelihood of moving to sever Warren s case. Our case is a very short trial, he said. Prosecutors began turning over documents to the defense on Monday. Moser told Stolz there are more than 1.1 million documents in discovery and they would be delivered to defense attorneys in the next two to three weeks. Stolz set a May 13 date for the parties to provide an update on discovery and motions. Davis was the only defendant to appear in court Monday. He sat during the hearing between his lawyer, Elkan Abramowitz, a partner at Morvillo Abramowitz Grand Iason & Anello, and Shechtman.Christine Simmons reports for The American Lawyer, an ALM affiliate of the Daily Business Review. experience the new LAW.coM Perfect Your PrActice Law.com introduces national and regional news by practice area, from the ALM sources you trust. With real time news, powerful insights, and expert contributors, it s the perfect way to explore the news that matters to you.