PRIVATE PRACTICE VULNERABILITIES SECTION C-l "But on the day [Giuliani] announced his Republican candidacy, he was hit with an essentially meaningless story that the law firm he had just joined represented the government of Panamanian dictator Manuel Noriega. Giuliani hit the ceiling, denounced his opponents and kept the story alive for weeks. Washington Post, 9/11/89 PA ERS ON BELKNAP WEBB TYLER C2 C-2 conscientious lawyer would not have written the letter without revealing the crime. He did not, and a lack of legal judgment,? said Steven Gillers, a New York University Law School professor who specialized in legal ethics. "?Even if the statement was literally truthful, it was misleading. He was clearly misleading by omission,? added Geoggrey Hazard, a legal ethics specialist from Yale University Law School." Daily News, 7/21/89 PATTERSON, BELKNAP, WEBB TYLER CHARGE: ALTHOUGH CAMPAIGNING ON HIS REPUTATION AS A SQUEAKY- CLEAN AS A PRIVATE ATTORNEY GIULIANI WROTE A LETTER OF RECOMMENDATION FOR A CLIENT (ALBERT TERRANOVA) WHO WANTED TO OPEN A SCHOOL, BUT FAILED TO MENTION THE CLIENT HAD A CRIMINAL RECORD. THEREFORE, GIULIANI IS SNEAKY AND HYPOCRITICAL. CONTEXT: In 1977, Albert Terranova was indicted in Newark for cheating the government out of money for work not performed by the National Training Systems Corp., a job-training company he launched in Jersey City, .J ., in 1972. Rudy Giuliani represented him in 1980 and wrote a letter to the State Education Department requesting a license for Terranova to open a vocational school called the Adelphi Institute. In the letter Giuliani never mentioned that Terranova was a recently convicted felon. In 1989, when Terranova was indicted by the state for stealing as much as $4 million from state education funds, his relationship to Rudy Giuliani came into question. REBUTTAL STRATEGY: The Terranova hit evolved out of a breaking legal case. It should not become an issue during the 1993 campaign. The campaign, however, should be prepared to answer the questions raised by the Terranova letter. Giuliani should not be held accountable for actions of legal clients more than ten years after he represented them. Giuliani should, however, strongly criticize those who violate the law. Thus, if asked about Terranova, Giuliani should rebuke him in harsh terms for breaking the law. Beyond that, the best answer to this rather frivolous charge might be "no comment. Four years ago, Giuliani made the mistake of discussing the particulars of the case which forced him to claim he could not remember facts and prevaricate on the tenor of his remarks. This is a bad strategy. Answers about Terranova should be short and concise: Terranova is a criminal and that?s bad; Rudy represented him more than ten years ago, so he shouldn?t be held accountable for the errors of Terranova?s misdeeds. C-3 ALBERT TERRANOVA CAUSES HEADACHES FOR GIULIANI man who opened his nationwide chain of business,'computer and beauty trade schools with help from Rudolph Giuliani stole as much as $4 million in federal and state student loan money intended to benefit his low income students, State Attorney General Robert Abrams charged yesterday. "Abrams portrayed Terranova as a rich man who preyed on the aspirations of struggling students to pay for a lavish lifestyle that includes home on Central Park South and Paradise Valley in Arizona. "?Stealing money intended to benefit needy individuals who sought to improve their lives is a particularly reprehensible crime,? said Abrams. Newsday, 7/21/89 Experts agreed -- Giuliani should not have written the letter. conscientious lawyer would not have written the letter without revealing the crime. He did not, and that shows a lack of legal judgment,? said Steven Gillers, a New York University Law School professor who specialized in legal ethics. "?Even if the statement was literally truthful, it was misleading. He was clearly misleading by omission,? added Geoggrey Hazard, a legal ethics specialist from Yale University Law School. Daily News, 7/21/89 "His opponent in the Republican primary, multimillionaire businessman Ronald Lauder, called on Giuliani to ?come clean? and talk about the matter. United Press International, 7/21/89 Giuliani -- the criminal ?s lawyer. "A?Los Angeles Times report last year said that as a private attorney in August 1980, Giuliani drafted Adelphi?s incorporation papers, notarized Terranova?s state application for a vocational school license and sent a letter of recommendation to the state Education Department in support of the application. United Press International, 7/21/89 04 Giuliani -- the criminal ?s friend. "According to a financial disclosure made by Mr. Giuliani when he was United States Attorney in Manhattan, Mr. Terranova gave him a $500 wedding gift and a baby gift valued at $250. Each of the wedding presents, he said at the time, ?emanates from our personal friendship with every one of the donors. New York Times, 7/21/89 Giuliani heaped praise on this criminal "?Adelphi?s management is experienced, dedicated and responsible,? Giuliani wrote. ?No one can, of course, predict the vagaries of corporate fortune or of the economy in general, but based on this corporation?s initial, albeit brief, experience, it augurs well for its future.? Daily News, 4/30/89 and never mentioned his crime. "Giuliani?s letter neglected to mention that his client was on probation for stealing federal job training funds." "But Michael Dougherty, a top official in the department?s Proprietary School Division, says most schools simply submit a corporate balance sheet and there was ?no reason? for Giuliani to write such a letter. "He also says that, while the law requires the department to review an applicant?s moral character,? the fact that Terranova had a criminal record was not enough to deny him a license. Daily News, 4/30/89 TERRANOVA CASE DEFENSE: IT IS UNFAIR TO CRITICIZE GIULIANI BECAUSE AN OLD CLIENT WHO WENT BAD. NO ONE THINKS GIULIANI IS A CODDLER OF CRHVIINALS. IS DAVID DINKINS READY TO BE HELD ACCOUNTABLE FOR THE ACTIONS OF ALL HIS FORMER LAW The best answer for the ?Terranova question might be ?no comment. "Charles Perkins, a Giuliani spokesman, said the candidate is ?not going to comment about a current legal proceeding involving a client that Rudy hasn?t represented for over 10 years. ewsday, 7/ 19/89 "Giuliani yesterday said the letter was being used as ?a political issue.? He added, have no involvement in this present case, no knowledge of Daily News, 7/21/89 "?It would have been unethical for him, as a lawyer, to volunteer information that was not asked,? Mr. Perkins said, referring to the New Jersey criminal case. New York Times, 7/21/89 Giuliani makes the mistake of discussing the particulars of the issues and creates the perception that he?s not being candid. This response simply is not politically credible. "Asked about his endorsement of Terranova, Giuliani said in a recent interview: ?It is not a glowing recommendation. It is a very balanced lawyer?s statement. It?s got as many caveats as anything Management included the person who had been hired as the administrator of the school -- Frederick Schulman. That probably was the major thrust of it, the person who was going to the record, he was quite experienced. It also included Terranova and his wife, but primarily the manager. Los Angeles Times, 6/17/88 C-6 "Giuliani says there was ?no intent or desire? to conceal his client?s criminal record. ?The recommendation that I submitted concerned the responsibility of the management group to carry out the financial affairs of the corporation,? he says. Daily News, 4/30/89 Could the driving force behind this story be State Attorney General Bob Abrams? After all in 1989 Abrams was one of Dinkins? first and most visible surrogates. "Giuliani supporters said they believed the prosecution was politically motivated. They pointed out that Abrams has endorsed Democrat David Dinkins in the mayoral race." Newsday, 7/ 19/89 ADDITIONAL INFORMATION ON PATTERSON, BELKNAP, WEBB TYLER: Giuliani had noteworthy success in a First Amendment case while at Patterson Belknap. "Giuliani adds that he want to pick up First Amendment work, which he did for the Tribune Company?s Daily News and Dow Jones Company, Inc., while he was at Patterson, Belknap, Webb Tyler during the late seventies." Manhattan Lawyer, July 1990/August 1990 "This time in what FORBES reported was ?probably a legal first? (Trends, Aug. 7, 1978), the defendant counterattacked, demanding that the plaintiff -- and his attorneys repay the costs of Barron?s defense. he scenario opened in 1977 when a New York dentist sued Dow Jones Co. and the editors of one of its publications, Barron?s (and one editor?s brother), charging that the financial weekly had used its columns to depress the price of a listed stock the plaintiff owned. By the spring of 1978, the charges had been dismissed. Barron?s lawyer, Rudolph Giuliani of Patterson, Belknap, Webb Tyler, then submitted a 51? page ?memorandum of law? asking the court to grant ?costs and expenses? and calling the original suit ?irresponsible? and ?an attempt to silence the press.? Forbes, 5/28/79 Patterson Belknap had a well-regarded record of hiring minorities. "By contrast, the much smaller firm where Giuliani once worked, Patterson Belknap Tyler (but where, it has been reported, he was unable to strike a deal for himself and his right?hand man, Dennison Young), has four female and two black partners and is the home of former federal judge and eminent do-gooder Harold R. Tyler Jr. Newsday, 6/6/89 C-S WHITE AND CASE C9 "White Case was not only registered as a foreign agent of the government of Panama, but counseled a Miami bank under investigation for laundering drug money. "That said, Giuliani?s contention that he was not fully aware of his new firm?s client list strains credulity. He well knew of his obligation to perform a ?due diligence? review of his new ?rm?s clients before he joined, if only to avoid potential con?icts of interest. Newsday, 6/6/89 WHITE AND CASE CHARGE: GIULIANI LEFT THE U.S. OFFICE AND WENT TO WORK FOR WHITE CASE, A WHITE-SHOE MANHATTAN LAW FIRM THAT REPRESENTED A LONG LIST OF POLITICALLY UNSAVORY CLIENTS, INCLUDING MANUEL NORIEGA, BCCI, SOUTH AFRICAN BANKS AND AN ITALIAN CHEMICAL WEAPONS COMPANY OPERATING IN LIBYA. ALSO, EXTRAORDINARILY HIGH SALARY FOR SO LITTLE WORK RAISES THE QUESTION: WHAT DID WHITE CASE EXPECT FROM GIULIANI IF HE WAS ELECTED CONTEXT: Rudy Giuliani?s missteps on questions raised about his association with White Case set the tone for his error?filled run for mayor in 1989. The first questions about White Case?s representation of Panama surfaced just before Giuliani kicked?off his campaign in May. When Giuliani booted these irrelevant charges, he created a two-week story that indicated he was not ready for the rough?and-tumble of New York City electoral politics. Other White Case clients caused trouble for Giuliani. For nearly the entire summer of ?89, it seemed Giuliani fought off political attacks because of White Case. Giuliani is no longer affiliated with White Case. His separation from the firm should lav to rest any political vulnerabilities surrounding some of the firm?s clients. If asked direct questions about White Case clients, Giuliani?s should give the following answer: 1. am no longer affiliated with the firm." 2. "Part of the reason I left White Case was that I had real qualms with some of their clients. 3. "Next question. C-10 ASSOCIATION WITH WHITE CASE HAMSTRINGS HIS MAYORAL CAMPAIGN Rudy Giuliani?s firm represented former Panamanian dictator and drug lord Manuel Noriega, a man so deadly that the US had to invade Panama to remove him. The firm also represented BCCI, an Italian chemical weapons producer with a plant in Libya, Saudi Arabia (which does not admit Jews), Manufacturers Hanover (a bank with South African investments) and assorted other corporate bad guys. Is it White Case -- or White and Cash? The firm ?s motto seems to be: "If you?ve got the cash, you?ll get the representation. White Case represented Manuel Noriega, the brutal Panamanian strong-man indicted and eventually convicted by the United States of drug trafficking. "May 16. A Daily News reporter asks Giuliani to comment on the fact that White Case is a registered foreign agent of Panama, run by alleged drug lord Manuel Noriega. Giuliani would later say that the question was the first time he had heard of the firm?s involvement with Panama. Newsday, 7/30/89 Legal services for drug-money launderers. "White Case was not only registered as a foreign agent of the government of Panama but counseled a Miami bank under investigation for laundering drug money. During an international takeover battle this spring, the firm represented an American company that is 49 percent owned by South Africa?s Gold Fields PLC. That company has one of the largest private armies in South Africa, complete with dogs and armored vehicles. "That said, Giuliani?s contention that he was not fully aware of his new firm?s client list strains credulity. He well knew of his obligation to perform a ?due diligence? review of his new firm?s clients before he joined, if only to avoid potential con?icts of interest. ewsday, 6/6/89 C-ll Representation for The Bank of Credit Commerce -- "The Bank of Crooks and Criminals, Inc". "May said that he did not know the Bank of Credit and Commerce was a client of his firm before joining it in February and added that it would not have affected his decision to join the firm." Newsday, 7/30/89 Giuliani personally represented an Italian chemical weapons maker in Libya. "Mayoral candidate Rudolph Giuliani, while working as a lawyer in private practice earlier this year, represented a Italian company with major business dealings in Libya. "Italian press reports also have accused the firm of being involved in the construction of an Libyan chemical-weapons plant, although company officials have denied that. "The giant Milan?based company, Montedison, is one of three clients that Giuliani said he serviced while a partner at White Case, the Manhattan law firm he joined after resigning as US. attorney for the Southern District of New York. Giuliani kept the $16,250?a?week private sector job just four months, leaving amid a firestorm of controversy over another of the firm?s clients, the government of Panamanian Gen. Manuel Antonio Noriega. "On the campaign trail yesterday, the Republican mayoral nominee said he had nothing to do with Montedison?s Libyan affairs. The subject, he added is ?an irrelevant consideration? in the Mayor?s race. "?My recollection of it was it involved a lawsuit or two, all in the United States, involving matters in the United States,? he said, declining to elaborate. Asked if he was aware of the company?s dealing in Libya, he said: ?No. I had no knowledge of things outside the United States. "His answer yesterday echoed the response he gave during the Noriega controversy, when he noted a law firm?s representation of a client does not mean the firm embraces the client?s policies. "In January, the Italian newspaper La Stampa, quoting American intelligence sources, said the US government was investigating charges that a Montedison subsidiary called Ausidet provided chemicals and expertise to the poison-gas plant in Rabat. hie?WEE, 10/29/89 C-12 Other White Case clients include: "June Case also presented problems for Giuliani because of its representation of: Saudia Arabia (which does not admit Jews}; foreign banks with ties to South Africa, and New York?based banks that serve as depositories for city funds." Newsday, 7/30/89 "Among the firm?s litigation clients are the Chubb Group of Insurance Cos., a defendant in an asbestos liability case that has produced one of the longest trials ever; Saatchi Saatchi Co. PLC, a defendant in an unfair competition suit filed by Arthur Andersen Co.; and Ciba-Geigy, a pharmaceuticals company seeking to recover from insurance companies for environmental cleanup in New Jersey. 1989 Manhattan Lawver, 1/31/89 "Giuliani released the names of three companies he represented while at White Case. His clients included Manufacturers Hanover, one of 11 banks where the city government deposits $250 million in daily business, and Montedison, a giant chemical firm based in Italy. Montedison?s stock prices ?uctuated wildly last year as a result of insider trading in Milan. Newsday, 7/ 15/89 Early in 1989, Giuliani compounded his White Case troubles by lying about his compensation from White Case. Giuliani?s salary proved to be much higher an other partners at the firm. Giuliani is duplicitous about his compensation from White Case. "Mayoral candidate Rudolph Giuliani disclosed Thursday that he earned $260,000 -- or $16,250 a week during the four months he worked for White Case, the law firm from which he took a leave of absence when attention focused on clients the firm has represented. "Had he stayed at the law firm on a full-time basis with pay based on that four-month salary, Giuliani would have made $780,000 annually. "Giuliani had denied making that much money when questions about his relationship with the law firm surfaced. In June he said he made ?far less? than the $600,000 that C-l3 others had estimated. Newsday, 7/15/89 "That comes to more than 11 times the $78,426 he earned as US. attorney. New York Post, 7/ 14/89 "Some are accurate: [Lauder charged] ?Giuliani denied making as much as $600,000 a year at White Case when in fact, the law firm that represents the Panamanian regime of Manuel Noriega was paying him over $700,000 a year.?" ewsday, 9/2/89 The ?nancial package was widely criticized as in?ated and possibly unethical. "But in that sense I don?t think White Case is an apt metaphor because I think the Giuliani deal is a mark not of intelligent business strategy in the new age but of quite the opposite. Put simply, the deal is absurd. It won?t work. And, if anything, it symbolizes how some firms, in the urge to be unsentimental and tough-minded, can be simpleminded and make fools of themselves in the name of ?running this firm like a business.? "The rationale for the Giuliani deal, as Hurlock explained it to me and as his partners and others explained it to O?Brien for his article, is that even if Giuliani works full time at being elected mayor, he?ll still bring some clients into White Case who, under Young?s guidance, can be handled by the firm?s previously unsung but capable litigators. In 1989 this is nonsense. The world just doesn?t work that way anymore. What major corporate client who might be inclined to retain Giuliani is now going to use a firm whose connection to Giuliani consists solely of a few weeks of partnership paychecks? Assuming that Giuliani has a substantial client following from his old perch an[sic] New York?s Patterson, Belknap, Webb Tyler (which, as best I can tell, is doubtful, anyway), how can Giuliani now recommend his ?partners? to these clients with any credibility?" The American Lawyer, April 1989 C-14 Giuliani?s reaction to this issue turns a non-issue one-day story into a character issue. "But on the day he announced his Republican candidacy, he was hit with an essentially meaningless story that the law firm he had just joined represented the government of Panamanian dictator Manuel Noriega. Giuliani hit the ceiling, denounced his opponents and kept the story alive for weeks. Washington Post, 9/ 1 1/89 During the 1989 campaign, White and Case provide more than just a salary. "In raising badly needed capital, Mr. Giuliani has been particularly well served by White Case, the law firm where he brie?y worked before entering the campaign. More than a dozen White Case attorneys contributed to the Giuliani effort last month, led by partners Paul Rooney Jr. Thomas O?Sullivan Winthrop Rutherford Jr. ($500) and David Swanson Crain?s New York Business, 11/6/89 Is it White Case -- or "Cases for the very white The 82-partner ?nancial law firm seems to place little importance on recruiting minorities. "White and Case is true to its name, with no blacks or Hispanics among its partners." Ne_W8d_ay, 6/6/89 C-15 WHITE AND CASE DEFENSE: ATTACKS ON ASSOCIATION WITH WHITE CASE ARE RIV OLOUS DIVERSIONS FROM THE REAL ISSUES THAT MATTER TO NEW YORKERS. GIULIANI SHOULD NOT BE HELD ACCOUNTABLE FOR EVERY CLIENT REPRESENTED BY THE FIRM. HE SHOULD, HOWEVER, BE HELD RESPONSIBLE FOR HIS RECORD AS U.S. ATTORNEY AND HIS PLAN TO REBUILD NEW YORK. Dinkins is attacked for his tactics regarding Giuliani?s association with White Case. "For his part, Mr. Dinkins probably went too far when he called on Mr. Giuliani to release a list of his clients at White Case, the prominent Manhattan law firm from which Mr. Giuliani is on leave. "Geoffrey C. Marcus Jr., a professor of ethics at Yale Law School, said Mr. Giuliani was right. don?t think he had any choice about it,? Mr. Marcus said. ?It?s like asking somebody who?s representing people in tax investigations to reveal his clients.? "Richard D. Emery, a New York civil-rights lawyer, agreed. ?It?s too bad that David who has always stood tall on civil liberties, has been sucked into these arguments about associations,? he said. 3 On a more frivolous note, Mr. Dinkins, a college mathematics major, poked fun at Mr. Giuliani?s big salary, only he was off a little on his calculations. "Mr. Dinkins said Mr. Giuliani earned $16,250 a week at White Case, recalling that Mr. Giuliani opponent in the Republican primary once said ?pe0ple? were paying ?a little for a mayor or a lot for a lawyer.? New York Times, 11/6/89 The Washington Post also defends Giuliani on the White Case issue. "Giuliani and his aides have called the attacks on the firm ?irrelevant? and ?silly.? The attempt to stain the current GOP frontrunner with Noriega mud is ridiculous: Giuliani never did any work personally for the Noriega regime and, in C-16 any event, White Case took on Panama as a client in the early 1980s, long before Giuliani arrived (and at the time when U.S. Panamanian relations were excellent). Washington Post, 7/2/89 Giuliani responds to the BCCI charges. "Giuliani, a partner with the law firm, said in a televised interview that the firm is not representing the bank in the criminal matter and that he had not been involved in the federal probe. Therefore, there is no con?ict of interest, he said. "The former federal prosecutor, who said he did not know the bank was a White Case client before joining the firm in February, added that it would not have affected his decision to join the firm. "?There is nothing at all inappropriate with their representation of that bank,? Giuliani said. He called criticism of the firm?s unrelated work for the bank ?not fair."' Newsday, 6/1/89 Lukewarm defense of Giuliani from associates within the firm. do think that some of the associates thought the newspaper reports were unfair in particular to the firm and, indirectly, to Mr. Giuliani,? Gropper said. Rickard, a member of the committee, referred questions to Gropper. "The associates? concern was as much for the firm?s reputation as it was for Giuliani?s, said two associates interviewed last week. ?It?s insulting to see the place portrayed as a dirty, money-grubbing, closed office,? said one of the associates, who added he didn?t expect to vote for Giuliani. "?This is not a political thing. I?m a Democrat and the bottom line is that I really thought that Koch?s comments were irresponsible, just classic political cheap shots,? an associate said. "?To imply that the firm doesn?t care about, doesn?t do anything for blacks, Hispanics and Jews is, based on the pro bono record, absurd,? the associate added. "?We are being dragged into the political campaign without good reason,? another associate said. find it a little baf?ing that White Case has become an issue in it. 9 ll Manhattan Lawver, 5/30/89 C-17 ANDERSON, KILL, 0L1 CK OSHINSK C18 "Anderson Kill Olick Oshinsky, a New York law ?rm specializing in representing polluters who have trouble getting insurers to honor pollution liability policies. . .Insurers have been fighting hard to avoid, mitigate or at least delay paying off on policies, but polluters are winning a majority of the courtroom battles, according to Eugene Anderson, a senior partner in Anderson Kill." Air Water Pollution Report, 11/30/92 C-18 ANDERSON, KILL, OLICK OSHINSKY CHARGE: CURRENT FIRM, ANDERSON, KILL, OLICK OSHINSKY, REPRESENTS SOME OF THE WORST POLLUTERS. IN ADDITION, WORK FOR THE FIRM DEMONSTRATES HIS HYPOCRISY. AS U.S. ATTORNEY, GIULIANI OVERZEALOUSLY FOUGHT FOR THE EXTENSION OF RICO INTO ALL KINDS OF MATTERS. NOW AS A LAWYER IN PRIVATE PRACTICE, GIULIANI FIGHTS DISMISS CIVIL RICO CASES AGAINST HIS CORPORATE CLIENTS. CONTEXT: Today, Rudy Giuliani?s association with Anderson, Kill mav be his most dangerous vulnerability. Four years ago, Giuliani?s inability to handle questions about White Case set the tone for a bumbling campaign. The campaign must be ready for some fastballs aimed at Giuliani?s head regarding Anderson Kill?s clients, its hiring policies and Giuliani?s clients and salary. Remember folks, Anderson Kill is new news this year. If Giuliani answers the inevitable questions about Anderson Kill well, immediately he will demonstrate his improvement as a candidate and growth during the last four years. Reporters will write stories talking about how much better Giuliani is on the stump this year, instead of negative stories about what an unethical guy he is. In order to hit the Anderson Kill attack out of the park, Giuliani must be fully briefed on potential vulnerabilities surrounding the firm. This section lays out some of the political problems posed by Anderson Kill?s clients. Denny Young must guarantee that the work begun here is Completed in a manner that prepared the candidate for every possible attack. REBUTTAL STRATEGY: Giuliani must learn the White Case lesson. When questioned about issues, like Anderson Kill, that are irrelevant to running for mayor; do not get angry, do not attack the questioner. Provide answers. Don?t sweat it. Laugh-off the irrelevant charges. Bring in mouthpieces to deliver the rebuttals. C-l9 Usually, it?s easier to find out about the politically damaging information on a law firm. The campaign must assemble the following information on Anderson Kill: 0 The pro?bono work done by the firm and Rudy Giuliani. his information should blunt charges that all the firm cares about is making money by representing clients who damage eveyone?s quality of life. A personnel breakdown of members of Anderson Kill. The campaign must be prepared to answer the inevitable questions about minority and women participation in the firm?s activities. A list of Giuliani?s clients at the firm. Next January Giuliani might control New York City?s $32 billion budget. It?s a legitimate question to know who Giuliani has represented during the past four years. Do any of these clients do business with the city? A list of Anderson Kill?s most politicallv damaging clients. Somehow, during the campaign, the press will write negative stories about Anderson Kill?s more unsavory clients. The campaign must be ready to respond to these charges before they are leveled. C-20 POTENTIAL PROBLEMS AT ANDERSON, KILL, OLICK OSHINSKY General information about the firm. Giuliani?s reported salary: $500,000 CLIENTS: Keene Company Involved in longest civil case ever tried in the state courts of West Virginia, four former manufacturers of asbestos building materials were found to have no liability to the State of West Virginia for asbestos- containing materials in state buildings, it was announced today. Altai Allied-Signal Bausch Lomb Circle Bondholders Group of 15 dissident Marriott bondholders led by PPM Harris Trust New Castle County, Del. North American Phillips VAS Holdings Inc. W.R. Grace Company Anderson Kill Olick Oshinskv Offices: New York, NY Washington, DC. Philadelphia, PA Newark, NJ Palo Alto, CA TROUBLE FOR GIULIANI Giuliani now helps corporate clients beat civil RICO charges. "Former prosecutor Rudolph W. Giuliani, once a champion of using the Racketeer In?uenced and Corrupt Organizations law to fight white collar crime, is now getting C-21 corporate defendants off the hook in civil racketeering cases. And he has joined RICO critics in calling for limits on its use in cases brought by private plaintiffs. "Mr. Giuliani in recent months has won dismissals of three civil RICO actions filed against his clients. Two of the lawsuits were filed by regional telephone parts suppliers against American Telephone Telegraph Co., and the other was brought by an investor against a lawyer over the sale of allegedly fraudulent limited investment partnerships. "?It?s ironic to see him arguing that the racketeering law should be narrowly interpreted,? said Kevin Smith, an attorney at the New York law firm Stroock Stroock Lavan who represented the investor who sued Mr. Giuliani?s client over the limited partnerships." "Mr. Giuliani, a Republican planning to make a second run for mayor of New York City next year, said he agrees with the criticism of RICO in private cases. He said that since leaving the U.S. attorney?s office, he has found that private lawyers often turn to RICO in cases where the law isn?t warranted. ?It?s used to increase the settlement value of suits,? he said." Wall Street Journal, 9/16/92 "Former prosecutor Rudolph W. Giuliani, once champion of using Racketeer In?uenced and Corrupt Organizations law to fight white-collar crime, is now getting corporate defendants off hook in civil racketeering cases; Giuliani, partner in NY law firm of Anderson Kill Olick Oshinsky, has joined RICO critics in calling for limits on its use in cases brought by private plaintiffs; in recent months, Giuliani has won dismissals of three civil RICO actions filed against his clients. New York Times, 9/ 16/92 Anderson Kill, the defender of polluters. "Kill Olick Oshinsky, a New York law firm specializing in representing polluters who have trouble getting insurers to honor pollution liability have been fighting hard to avoid, mitigate or at least delay paying off on policies, but polluters are winning a majority of the courtroom battles, according to Eugene Anderson, a senior partner in Anderson Kill. Air Water Pollution Report, 11/30/92 C-22 One unnamed polluter is responsible for the environmental disaster in New Bedford, Massachusetts? harbor. [We need more information about this particular client} "?We?re in the middle of an earthquake. There are no major liability claims being paid without a battle,? says Eugene Anderson whose firm, Anderson Kill Olick Oshinsky, represents manufacturers in the disputes.? Boston Globe, 10/11/92 In general, Anderson Kill represents numerous polluters in legal battles to diminish their liability for cleanups of contaminated sites. legal battle is raging over a landmark court decision that could reshape Superfund litigation by allowing polluters to quickly limit their cleanup liability rather than being sucked into legal battles over cost apportionment." "?It allows case at the front end, substantially reducing its transactional costs,? said Dan Steinway, a Superfund litigator with the Washington law firm of Anderson, Kill, Olick and Oshinsky." Predicasts, 10/22/92 Anderson Kill is not much better than White Case when it comes to racial hiring practices. There are 165 partners in the New York office. From this group there are seven Latino attorneys or 4% of the entire office. One Latino sits on the New York office?s Hiring Committee. C-23 ANDERSON KILL PROBLEMS DEFENSE AGAINST THE POLLUTION CHARGE: AS A PROSECUTOR, GIULIANI VIGOROUSLY PROSECUTED COMPANIES THAT VIOLATED ENVIRONMENTAL LAWS. Giuliani enforces environmental legislation: Corp. of Yonkers has agreed to settle a federal Clean Air Act lawsuit by paying $149,000 in civil fines and installing new pollution control equipment at its complex along the Hudson River. "The 1984 civil lawsuit was filed because of failure to comply with federal and New York state laws limiting the emission of volatile organic compounds which lead to the formation of ground-level ozone gas. Gannett Westchester News, 9/1/87 "The federal government sought yesterday to hold Westchester County in contempt for allegedly violating a 1975 agreement to clean up the closed Croton Point land?ll and devise a long?range garbage disposal plan. US. Attorney Robert Gaffney charged in Manhattan Federal Court that Westchester had allowed leachate -- a noxious liquid by?product of garbage to ?ow into a public swimming area on the river and into Croton Marsh because of a failing recirculation system. Daily News, 8/ 15/87 "The US. Attorney?s Office in Manhattan filed a civil lawsuit Tuesday against the former owners of a Mount Vernon chemical company to recover $175,000 for a government cleanup of hazardous waste at a warehouse they used. Gannett Westchester News, 7/8/87 C-24