Law Times

January 20, 2014

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Page 16 January 20, 2014 • Law Times u The u Bizarre Briefs InsIde story By Viola James MAN CHARGED OVER ATOMIC WEDGIE POTTAWATOMIE, Okla. — Who knew underwear could stretch far enough to create an atomic wedgie? While the term may be funny, the facts of this disturbing murder case certainly aren't. According to Reuters, police have charged a 33-year-old Oklahoma man with killing his stepfather by giving him a so-called atomic wedgie that caused the victim to suffocate on his own underwear. Police charged Brad Lee Davis with murder in the death of 58-year-old Denver St. Clair in a drunken family fight at a residence just east of Oklahoma City, the Pottawatomie County sheriff 's office said in an arrest affidavit. The affidavit said Davis "grabbed St. Clair's underwear and gave him an 'atomic wedgie.' Davis allegedly pulled the elastic waistband of St. Clair's underwear over his head and around his neck." Oklahoma medical examiner spokeswoman Amy Elliott said the cause of death was asphyxiation and blunt force trauma. Pottawatomie County sheriff deputy Travis Palmer said Davis and St. Clair were drinking beer on the night of Dec. 21 at the older man's residence when St. Clair began speaking ill about his wife, who is Davis' mother. Investigators said St. Clair's elastic waistband was stretched over his head and that it left ligature marks around his neck. According to Reuters, there was blood splatter in the kitchen and living room and on the living room ceiling. LAWSUIT TARGETS TOPLESS PHOTO ATOP N.Y. LANDMARK NEW YORK — A photographer is facing the possibility of $1 million in damages for a "social experiment" involving a topless picture atop the Empire State Building. According to Reuters, the management of the Empire State Building has filed a $1-million lawsuit against the photographer who shot topless pictures of a model atop its iconic 86th-floor observatory. Last August, a model climbed to the crowded observation deck and took her top off as 30-year-old photographer Allen Henson captured the image on his cellphone. According to Reuters, the photo quickly went viral on the Internet and angered the owners of the Empire State Building who said the observation deck was full of tourists, including children, at the time he took the photo. "We were doing a social experiment," said Henson, adding he has been photographing fashion models for three years and also shot photos of topless women in Central Park and Manhattan's Peninsula Hotel. Henson began taking the series of photos after becoming aware of a May 2013 New York City memorandum that prevents police officers from arresting women who expose their breasts in public. Henson said he wanted to test the social implications of the rule but added he didn't take the pictures atop the Empire State Building in a professional capacity. "I am a professional photographer, but that doesn't mean that every time I touch a device with a camera on it I must be conducting a photo shoot," Reuters quoted Henson as saying. The management of the Empire State Building thinks otherwise. In the lawsuit, it alleges the pictures were "for his own commercial purpose" and damaged the landmark's "reputation as a safe and secure family-friendly tourist attraction." Henson said the building's guards didn't react to the shoot or attempt to remove him from the premises. Despite the potential legal consequences from the lawsuit, Henson hasn't lost sight of the artistic merits of what he did. "On a side note, she had wonderful breasts," he said. LT "I don't understand all this fuss about genetic testing in the workplace. I never had any problems with it." NORTON ROSE FULBRIGHT BOOSTS FINANCE TEAM Former bank executive John Jason has joined Norton Rose Fulbright Canada LLP's Toronto office as counsel. Jason, former senior vice president at BMO Financial Group, also served as general counsel and chief compliance officer at the bank. "John has tremendous understanding of our clients' needs through his experience with financial institutions, John Jason as a lawyer, and in business," said Andrew Fleming, managing partner of Norton Rose Fulbright's Toronto office. "He's recognized as a Canadian leader in regulatory financial services law, one of the top concerns for our clients in the sector. He's an outstanding addition to our team." Jason said the firm has a lot to offer to financial service companies. "The only thing certain about financial services regulation today is that it will continue to grow and become more complex. Canada is no longer an island and much of our regulation is being driven by developments internationally," he said. "New Canadian and international competitors are also driving a need for new regulations. Financial services companies need to stay ahead of new and evolving regulatory expectations. With our depth and global platform, Norton Rose Fulbright is ideally positioned to advise clients about these expectations." Jason isn't the only financial sector lawyer to join Norton Rose Fulbright recently. John Teolis, formerly of Blake Cassels & Graydon LLP, has left that firm to join Norton Rose Fulbright. Although recent news reports suggested he left because of a mandatory retirement requirement at Blakes, Norton Rose Fulbright says that's not the case. He made the move despite an offer by Blakes to extend his retirement to age 68 with the possibility of a further extension, according to Norton Rose Fulbright. "Joining Norton Rose Fulbright is a superb fit with the work I've been privileged to have done for financial institutions," said Teolis. "There's a lot of activity in the Canadian financial sector with domestic and international companies. Norton Rose Fulbright's truly global reach makes its financial institutions practice one of a kind and I'm looking forward to making the most of this with clients."  SYDNEY ROBINS REMEMBERED Former judge and Law Society of Upper Canada treasurer Sydney Robins has died at the age of 90. Robins was the youngest bencher — and the first Jewish person on the law society's governing council — when he won election to the position in 1961, according to LSUC Treasurer Thomas Conway. Robins later became treasurer of the law society. He joined the bench of the Ontario Court of Appeal in 1981. "The loss fills me with a great sadness — he was a well-respected bencher and treasurer, as well as an incredible human being," wrote Conway last week in a post on his blog. He added: "For me, Syd Robins is the model of what a treasurer should be and he has been an inspiration for me since I took office in June 2012. His many friends and colleagues at the law society will miss him greatly." POLL RESULTS The results of the latest Law Times online poll are in. According to the poll, 89 per cent of participants feel the federal government's looming victims rights bill will disrupt the criminal justice process. The federal government is about to introduce a victims bill of rights that will ensure victims of crime are more "informed and involved" at every stage of the criminal justice system. According to a Law Times report earlier this month, some defence lawyers fear such a move will complicate an already complex criminal justice system and pressure prosecutors to "serve two masters." LT Get more online lawtimesnews.com • canadianlawyermag.com Fresh Canadian legal news and analysis every day Canadian Lawyer | Law Times | 4Students | InHouse | Legal Feeds www.lawtimesnews.com Visit Us Online 1-8-5X.indd 1 2/28/11 2:37:34 PM

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