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BY CHRISTINE L. MOBLEY
Legal News
Some people say that two is better than one.
In fact, it’s proven to be quite lucrative for
David Campbell, who earned law degrees in
the U.S. and Canada simultaneously through
the University of Detroit Mercy School of
Law and the University of Windsor Faculty of
Law joint JD/LLB degree program in 2004.
According to Campbell, a Canadian-born
citizen and U.S. permanent resident, he chose
to pursue law degrees in both countries
because of the doors it would open for him in
the legal realm.
“When the joint program came out in
2001, just as I was applying to law school, I
thought it would be a great opportunity to get
these licenses in both countries and just see
where it would go,” Campbell said.
After graduating, he then became a mem-
ber of the State Bar of Michigan in 2004 and
was admitted to the Ontario Bar in 2005.
Campbell also gained admission to practice
before the U.S. District Court, Eastern and
Western Districts of
Michigan, in 2005 and
2006, respectively.
Campbell did his
articling – a require-
ment for those who
wish to pass the Cana-
dian Bar – at the Toron-
to law firm of
McCarthy Tétrault,
which has approximate-
ly 900 lawyers.
“In Windsor, the
biggest law f irm is
about 20 lawyers,”
Campbell noted. “I
thought, ‘Can I really
go from this to a little
10 lawyer Windsor
firm?’”
The opportunity to practice at a larger firm
in the U.S. and still have the ability to live in
the Windsor-area appealed to Campbell.
Prior to Campbell’s articling, Campbell
had served as a law clerk at Bowman and
Brooke in Troy. While
Bowman and Brooke is
a medium-sized firm
with approximately 150
lawyers, it seemed to be
the perfect fit for
Campbell and after
completing his articling
in January 2005, he
returned to the firm as
an associate attorney.
At Bowman and
Brooke, Campbell
devotes his practice to
defending corporate
clients in the areas of
product liability, motor
vehicle warranty, toxic torts and commercial
litigation for clients on both sides of the border.
“(Working with Bowman and Brooke) real-
ly gives me exposure to some of the higher
caliber corporate clients that I wouldn’t be
able to work with in a Windsor firm,” Camp-
bell said. “That was one of the initial draws to
the program and from there the dual licensure
is really a huge help to my practice.”
Clients on both sides of the border can
benefit in many ways from having an attor-
ney/barrister on their side. Among the myriad
of benefits are lower cost, convenience, and
simply having the differences in legal termi-
nology and two systems explained to them in
terms that they can understand.
Noting a trend in pattern litigation in the
U.S., Campbell says that it’s easy for him to
jump right into a similar Canadian case
because of his knowledge of both U.S. and
Canadian laws.
Volume 81, Number 108 Troy, Michigan Thursday, October 30, 2008, ONE DOLLAR
■ Profits Rise
Cereal, snack sales boost
Kellogg’s third quarter profit.
Page Two
■ Copyright Settlement
Authors, publishers settle book search
program lawsuit against Google.
Page Three
■ Wind Power
Regulators plan Great Lakes
offshore wind energy generation.
Back Page
SHORT
TAKES
Oakland County Legal News
Serving the Oakland County Legal Community Since 1927
www.legalnews.com/oakland
The Armenian American Bar Association
will co-host a meeting with the Hellenic Bar
Association Thursday,
Nov. 6, featuring State
Bar of Michigan Presi-
dent Edward Pappas as
the keynote speaker.
Pappas is the second
president of Greek
descent in the State
Bar’s history.
The dinner meeting
will take place at
Ginopolis, 27815 Mid-
dlebelt Road in Farmington Hills, beginning
with cocktails at 6 p.m. followed by dinner at
7 and program after dinner.
Cost for the event is $27 per person. To
register, contact Marjorie K. Nanian at (248)
348-6010 or (248) 231-7167.
The Armenian American Bar also
announces its new Web site at
www.aabami.org. The site offers a referral
guide for attorneys, job postings, news about
members, and a means for membership com-
munication.
Photo by Jeff Kowalsky, courtesy of DEC
LANSING (AP) — A federal judge has
upheld Michigan’s ban on campaign T-shirts
and buttons inside polling places.
U.S. District Judge Patrick Duggan ruled
Tuesday in the lawsuit brought this month by
Council 25 of the American Federation of
State, County and Municipal Employees
against Secretary of State Terri Lynn Land
and state elections director Chris Thomas.
AFSCME attorney Herbert Sanders argued
Monday that the ban oppresses voters’ right to
freedom of expression and abridges their right
to vote free from intimidation.
But the state argued the law has been on
the books since the 1950s and was amended
in the early 1970s to prevent intimidation and
preserve the sanctuary of the voting place.
“This was never an effort to squash enthusi-
asm, but to preserve the sanctity of the polling
places on Election Day,” secretary of state
spokeswoman Kelly Chesney said Tuesday.
“We want voters to be able to cast their ballots
without being bombarded with messages and
without feeling pressured or intimidated.”
She says voters are asked only to remove
their buttons and to cover up their T-shirts or
turn them inside out before entering the
polling place.
State law requires candidates and cam-
paign material be kept at least 100 feet from
any entrance to a polling place.
A message seeking comment was left Tues-
day evening at AFSCME Council 25 head-
quarters in Lansing.
TRAVERSE CITY (AP) — The Michigan
Supreme Court is allowing officials in Grand
Traverse County’s Acme Township to sue
retail giant Meijer Inc.
The court issued an order on Monday
upholding a ruling by Circuit Judge Philip
Rodgers that the suit could go forward.
Planning commissioner Robert Carstens
accuses Meijer of harassing him with a frivo-
lous lawsuit and illegal campaign activity.
The dispute involved the Grand Rapids
company’s plan to build a superstore in the
township, which has divided local residents.
Several other local officials say they may
join Carstens in suing Meijer.
It’s uncertain when the suit might go to
trial. Meijer wants Rodgers disqualified from
presiding over the case, accusing him of bias.
BY ROBERTA M. GUBBINS
Legal News
When asked the most important recent
development in criminal law at the State
Bar’s Criminal Law Section meeting
October 14th In Lansing, attorney Martin
Tieber said “It is the change in habitual
offender sentencing. There is a case
upheld by the Supreme Court (People v
Gardner). A defendant was convicted and
sentenced as third offense habitual
offender where his two prior felonies
arose from the same criminal act. The
prior cases, where those convictions were
considered as a single prior felony, mak-
ing him a second habitual, were over-
turned.
“K-nine or dog-sniffs have come to the
forefront lately.” said Tieber. “My advice
to you is that if you are going to grow
marijuana in your basement, put up a big
chain link fence at least 50 yards in front
of your home with a sign on the gate say-
ing ‘Dogs not allowed,’ because the courts
have held that you can have a drug sniff-
ing dog come to the front door and give
an alert and that is enough” to get a
search warrant to search the house. “The
court’s reasoning was that the dogs were
alerting only to criminality.”
Asked how to cross-examine the dog,
Tieber suggested that defense attorneys
“go after the handler, the training, the his-
tory of the dog, or pick up records from
other cases where that dog was involved.”
Another search case (People v Craig
Gordon Brown) involved a borrowed
computer. Defendant used a borrowed
computer and set up password protected
e-mail files. The owner of the computer
gave police consent to search. Police were
able to view the entire hard drive includ-
ing defendant’s password-protected files.
“The court upheld the search,” he
said. “The issue here was whether the
consent of the owner included the pass-
word protected e-mail. The court said it
was not a problem — I think there is a
problem when you have different com-
partments. It is like a boarding house
where the super consents to entering the
building but does that give authorities
permission to open individual apart-
ments? I think not and I think that would
be the appropriate analogy.
“There a couple of cases regarding
the disqualification of prosecutors. In one
case, People v Petri, the prosecutor had
acted as a forensic interviewer in a child
sexual assault case. The Court of Appeals
said this is not a good idea but upheld the
trial court on the lack timeliness of the
defense motion to disqualify the prosecu-
tor. The case does discuss the importance
of using a forensic interviewer as a wit-
ness to discuss the types of questions and
the types of interactions that went with
the child accuser-there is good language
there. Make sure if you are on the defense
side, you want that prosecutor as a wit-
ness, you file the motion on time.”
In the case of People v Davenport, the
defendant was represented at exam by an
attorney who, after exam and prior to
trial, joined the county prosecutor’s office
as one of two prosecutors in that office.
“In this two person office it would be
very difficult not to have a conflict (of
interest.) The case was sent back to the
PAPPAS
MORE INSIDE
Calendar........................................3
Claim of Liens................................4
Classified Ads................................2
Daily Crossword ............................3
Legal Notices.................................6
Lis Pendens...................................4
Release of Liens............................4
Release of Lis Pendens.................4
Tax Liens .......................................4
U.S. & Canadian
LegalTerms
When dealing with the law in the U.S. and Canada, naturally, there
are going to be differences. Here are some of the differences in legal
lingo, even though they are basically the same thing.
Michigan Ontario
deposition examination for discovery
request for production affidavit of documents
complaint statement of claim
answer statement of defence
appearance notice of intent to defend
Source: David Campbell
Bowman and Brooke attorney David Campbell shows off his
Ontario and Michigan vehicle license plates that he displays in
his office. Campbell is licensed to practice law in both the U.S.
and Canada. Photo by Christine L. Mobley
Attorney puts dual U.S./Canadian
law degrees to work for his clients
Criminal Law
Section brought
up to date
Michigan Defense Trial Counsel (MDTC) sponsored its
2008 MDTC Civil Defense Basic Training on Thursday,
October 2, at the Troy Marriott. Taking part in the Basic
Training were (left to right) Jackie Rehkopf of Expo-
nent; Scott Holmes of Foley & Mansfiled; Jennifer L.
Newby of Dickinson Wright; and Nick Even and David
Campbell, chair of the MDTC Young Lawyers Section,
both from Bowman and Brooke. “The basic training is
geared towards new lawyers in their first five years of
practice,” Campbell said. “The idea is to provide new
lawyers with an overview of the civil defense practice
and to give them some tips and pointers and the oppor-
tunity to meet other young lawyers in the Michigan
area.” Photo by John Meiu
Basic training offered
John Engler, president of the
National Association of Manufactur-
ers (NAM) and former Michigan
overnor, spoke at the October 13th
Detroit Economic Club (DEC) meet-
ing about how the upcoming national
elections will impact U.S. manufac-
turing.
Engler told the audience at Cobo
Center there may be policy changes
that dramatically affect manufactur-
ing no matter who wins in Novem-
ber. He said the ultimate question is:
How will tomorrow’s leaders address
the world and prepare the nation to
meet the economic, technological
and social challenges that confront
our highly interdependent world?
“It will come as no surprise to this
Detroit Economic Club that I contin-
ue to believe strongly that getting the
fundamentals right is essential to
success,” said Engler.
“The fundamentals include a bet-
ter, smarter tax policy; a national
energy strategy; educational account-
ability; a commitment to economic
growth that comes from trade and
support for leadership that gets
things done. This was true in the
1980s when we saw government and
the private sector cooperating actual-
ly and they created a positive climate
that welcomed economic growth and
in those days, government actions to
cut taxes and reform regulations
actually unleashed a private sector
that was poised to invest and inno-
vate. Today, unlike the ‘80s, the gov-
ernment’s having to play a larger role
when the public is anxious about our
financial system.”
Engler commented how Michigan
is important to the future of the man-
ufacturing industry and struggling
automakers need help now.
“The threat to the U.S. economy
is so acute that Congress last year
was moved to promise as they were
voting to toughen environmental
regulations and raise CAFÉ stan-
dards that they would provide some
type of financial assistance in the
form of low interest loans to help
meet the expense of compliance and
retooling.
Engler discusses future of U.S. manufacturing post-election
(See UPDATE, Page 2)
(See ENGLER, Page 2)
(See CAMPBELL, Page 2)
Pappas to address
Armenian American,
Hellenic bar associations
Supreme Court allows
lawsuit against Meijer
Judge rules political
T-shirts banned at polls
OAK front page Oct30-4 10/29/08 2:51 PM Page 1

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O-Oct30 copy

  • 1. BY CHRISTINE L. MOBLEY Legal News Some people say that two is better than one. In fact, it’s proven to be quite lucrative for David Campbell, who earned law degrees in the U.S. and Canada simultaneously through the University of Detroit Mercy School of Law and the University of Windsor Faculty of Law joint JD/LLB degree program in 2004. According to Campbell, a Canadian-born citizen and U.S. permanent resident, he chose to pursue law degrees in both countries because of the doors it would open for him in the legal realm. “When the joint program came out in 2001, just as I was applying to law school, I thought it would be a great opportunity to get these licenses in both countries and just see where it would go,” Campbell said. After graduating, he then became a mem- ber of the State Bar of Michigan in 2004 and was admitted to the Ontario Bar in 2005. Campbell also gained admission to practice before the U.S. District Court, Eastern and Western Districts of Michigan, in 2005 and 2006, respectively. Campbell did his articling – a require- ment for those who wish to pass the Cana- dian Bar – at the Toron- to law firm of McCarthy Tétrault, which has approximate- ly 900 lawyers. “In Windsor, the biggest law f irm is about 20 lawyers,” Campbell noted. “I thought, ‘Can I really go from this to a little 10 lawyer Windsor firm?’” The opportunity to practice at a larger firm in the U.S. and still have the ability to live in the Windsor-area appealed to Campbell. Prior to Campbell’s articling, Campbell had served as a law clerk at Bowman and Brooke in Troy. While Bowman and Brooke is a medium-sized firm with approximately 150 lawyers, it seemed to be the perfect fit for Campbell and after completing his articling in January 2005, he returned to the firm as an associate attorney. At Bowman and Brooke, Campbell devotes his practice to defending corporate clients in the areas of product liability, motor vehicle warranty, toxic torts and commercial litigation for clients on both sides of the border. “(Working with Bowman and Brooke) real- ly gives me exposure to some of the higher caliber corporate clients that I wouldn’t be able to work with in a Windsor firm,” Camp- bell said. “That was one of the initial draws to the program and from there the dual licensure is really a huge help to my practice.” Clients on both sides of the border can benefit in many ways from having an attor- ney/barrister on their side. Among the myriad of benefits are lower cost, convenience, and simply having the differences in legal termi- nology and two systems explained to them in terms that they can understand. Noting a trend in pattern litigation in the U.S., Campbell says that it’s easy for him to jump right into a similar Canadian case because of his knowledge of both U.S. and Canadian laws. Volume 81, Number 108 Troy, Michigan Thursday, October 30, 2008, ONE DOLLAR ■ Profits Rise Cereal, snack sales boost Kellogg’s third quarter profit. Page Two ■ Copyright Settlement Authors, publishers settle book search program lawsuit against Google. Page Three ■ Wind Power Regulators plan Great Lakes offshore wind energy generation. Back Page SHORT TAKES Oakland County Legal News Serving the Oakland County Legal Community Since 1927 www.legalnews.com/oakland The Armenian American Bar Association will co-host a meeting with the Hellenic Bar Association Thursday, Nov. 6, featuring State Bar of Michigan Presi- dent Edward Pappas as the keynote speaker. Pappas is the second president of Greek descent in the State Bar’s history. The dinner meeting will take place at Ginopolis, 27815 Mid- dlebelt Road in Farmington Hills, beginning with cocktails at 6 p.m. followed by dinner at 7 and program after dinner. Cost for the event is $27 per person. To register, contact Marjorie K. Nanian at (248) 348-6010 or (248) 231-7167. The Armenian American Bar also announces its new Web site at www.aabami.org. The site offers a referral guide for attorneys, job postings, news about members, and a means for membership com- munication. Photo by Jeff Kowalsky, courtesy of DEC LANSING (AP) — A federal judge has upheld Michigan’s ban on campaign T-shirts and buttons inside polling places. U.S. District Judge Patrick Duggan ruled Tuesday in the lawsuit brought this month by Council 25 of the American Federation of State, County and Municipal Employees against Secretary of State Terri Lynn Land and state elections director Chris Thomas. AFSCME attorney Herbert Sanders argued Monday that the ban oppresses voters’ right to freedom of expression and abridges their right to vote free from intimidation. But the state argued the law has been on the books since the 1950s and was amended in the early 1970s to prevent intimidation and preserve the sanctuary of the voting place. “This was never an effort to squash enthusi- asm, but to preserve the sanctity of the polling places on Election Day,” secretary of state spokeswoman Kelly Chesney said Tuesday. “We want voters to be able to cast their ballots without being bombarded with messages and without feeling pressured or intimidated.” She says voters are asked only to remove their buttons and to cover up their T-shirts or turn them inside out before entering the polling place. State law requires candidates and cam- paign material be kept at least 100 feet from any entrance to a polling place. A message seeking comment was left Tues- day evening at AFSCME Council 25 head- quarters in Lansing. TRAVERSE CITY (AP) — The Michigan Supreme Court is allowing officials in Grand Traverse County’s Acme Township to sue retail giant Meijer Inc. The court issued an order on Monday upholding a ruling by Circuit Judge Philip Rodgers that the suit could go forward. Planning commissioner Robert Carstens accuses Meijer of harassing him with a frivo- lous lawsuit and illegal campaign activity. The dispute involved the Grand Rapids company’s plan to build a superstore in the township, which has divided local residents. Several other local officials say they may join Carstens in suing Meijer. It’s uncertain when the suit might go to trial. Meijer wants Rodgers disqualified from presiding over the case, accusing him of bias. BY ROBERTA M. GUBBINS Legal News When asked the most important recent development in criminal law at the State Bar’s Criminal Law Section meeting October 14th In Lansing, attorney Martin Tieber said “It is the change in habitual offender sentencing. There is a case upheld by the Supreme Court (People v Gardner). A defendant was convicted and sentenced as third offense habitual offender where his two prior felonies arose from the same criminal act. The prior cases, where those convictions were considered as a single prior felony, mak- ing him a second habitual, were over- turned. “K-nine or dog-sniffs have come to the forefront lately.” said Tieber. “My advice to you is that if you are going to grow marijuana in your basement, put up a big chain link fence at least 50 yards in front of your home with a sign on the gate say- ing ‘Dogs not allowed,’ because the courts have held that you can have a drug sniff- ing dog come to the front door and give an alert and that is enough” to get a search warrant to search the house. “The court’s reasoning was that the dogs were alerting only to criminality.” Asked how to cross-examine the dog, Tieber suggested that defense attorneys “go after the handler, the training, the his- tory of the dog, or pick up records from other cases where that dog was involved.” Another search case (People v Craig Gordon Brown) involved a borrowed computer. Defendant used a borrowed computer and set up password protected e-mail files. The owner of the computer gave police consent to search. Police were able to view the entire hard drive includ- ing defendant’s password-protected files. “The court upheld the search,” he said. “The issue here was whether the consent of the owner included the pass- word protected e-mail. The court said it was not a problem — I think there is a problem when you have different com- partments. It is like a boarding house where the super consents to entering the building but does that give authorities permission to open individual apart- ments? I think not and I think that would be the appropriate analogy. “There a couple of cases regarding the disqualification of prosecutors. In one case, People v Petri, the prosecutor had acted as a forensic interviewer in a child sexual assault case. The Court of Appeals said this is not a good idea but upheld the trial court on the lack timeliness of the defense motion to disqualify the prosecu- tor. The case does discuss the importance of using a forensic interviewer as a wit- ness to discuss the types of questions and the types of interactions that went with the child accuser-there is good language there. Make sure if you are on the defense side, you want that prosecutor as a wit- ness, you file the motion on time.” In the case of People v Davenport, the defendant was represented at exam by an attorney who, after exam and prior to trial, joined the county prosecutor’s office as one of two prosecutors in that office. “In this two person office it would be very difficult not to have a conflict (of interest.) The case was sent back to the PAPPAS MORE INSIDE Calendar........................................3 Claim of Liens................................4 Classified Ads................................2 Daily Crossword ............................3 Legal Notices.................................6 Lis Pendens...................................4 Release of Liens............................4 Release of Lis Pendens.................4 Tax Liens .......................................4 U.S. & Canadian LegalTerms When dealing with the law in the U.S. and Canada, naturally, there are going to be differences. Here are some of the differences in legal lingo, even though they are basically the same thing. Michigan Ontario deposition examination for discovery request for production affidavit of documents complaint statement of claim answer statement of defence appearance notice of intent to defend Source: David Campbell Bowman and Brooke attorney David Campbell shows off his Ontario and Michigan vehicle license plates that he displays in his office. Campbell is licensed to practice law in both the U.S. and Canada. Photo by Christine L. Mobley Attorney puts dual U.S./Canadian law degrees to work for his clients Criminal Law Section brought up to date Michigan Defense Trial Counsel (MDTC) sponsored its 2008 MDTC Civil Defense Basic Training on Thursday, October 2, at the Troy Marriott. Taking part in the Basic Training were (left to right) Jackie Rehkopf of Expo- nent; Scott Holmes of Foley & Mansfiled; Jennifer L. Newby of Dickinson Wright; and Nick Even and David Campbell, chair of the MDTC Young Lawyers Section, both from Bowman and Brooke. “The basic training is geared towards new lawyers in their first five years of practice,” Campbell said. “The idea is to provide new lawyers with an overview of the civil defense practice and to give them some tips and pointers and the oppor- tunity to meet other young lawyers in the Michigan area.” Photo by John Meiu Basic training offered John Engler, president of the National Association of Manufactur- ers (NAM) and former Michigan overnor, spoke at the October 13th Detroit Economic Club (DEC) meet- ing about how the upcoming national elections will impact U.S. manufac- turing. Engler told the audience at Cobo Center there may be policy changes that dramatically affect manufactur- ing no matter who wins in Novem- ber. He said the ultimate question is: How will tomorrow’s leaders address the world and prepare the nation to meet the economic, technological and social challenges that confront our highly interdependent world? “It will come as no surprise to this Detroit Economic Club that I contin- ue to believe strongly that getting the fundamentals right is essential to success,” said Engler. “The fundamentals include a bet- ter, smarter tax policy; a national energy strategy; educational account- ability; a commitment to economic growth that comes from trade and support for leadership that gets things done. This was true in the 1980s when we saw government and the private sector cooperating actual- ly and they created a positive climate that welcomed economic growth and in those days, government actions to cut taxes and reform regulations actually unleashed a private sector that was poised to invest and inno- vate. Today, unlike the ‘80s, the gov- ernment’s having to play a larger role when the public is anxious about our financial system.” Engler commented how Michigan is important to the future of the man- ufacturing industry and struggling automakers need help now. “The threat to the U.S. economy is so acute that Congress last year was moved to promise as they were voting to toughen environmental regulations and raise CAFÉ stan- dards that they would provide some type of financial assistance in the form of low interest loans to help meet the expense of compliance and retooling. Engler discusses future of U.S. manufacturing post-election (See UPDATE, Page 2) (See ENGLER, Page 2) (See CAMPBELL, Page 2) Pappas to address Armenian American, Hellenic bar associations Supreme Court allows lawsuit against Meijer Judge rules political T-shirts banned at polls OAK front page Oct30-4 10/29/08 2:51 PM Page 1