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Legal trend utilizes AG experience

Modisett now co-leading firm’s specialized practice group.

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When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.

Working with colleagues throughout the country on issues including a multi-state tobacco settlement and sweepstakes industry reforms, the ex-AG was at the forefront of collective cooperation. A decade after leaving office, he’s joined a firm with a specialty practice focusing on many of the same issues he handled as a state attorney general.

This comes at a time when attorneys general around the country are increasingly flexing their enforcement muscles in high-profile matters, from health care suits to challenging new banking regulations.

“We really have a national AG practice now, not just a state-based AG practice these days,” Modisett said. “That’s been one of the most interesting developments in this area, and so we need people at the table who have the insight of being in those shoes, knowing how the AG world works and what they’re trying to achieve.”
 

modisett-jeff-mug.jpg Modisett

The new practice, SNR Denton, is an international law firm with more than a dozen offices throughout the U.S. and multiple locations worldwide. Modisett is one of two former AGs leading the state AG practice, the other being former Florida Attorney General Bill McCollum.

Modisett is working in the firm’s Los Angeles office. He has spent the last decade in the private sector after serving as Indiana AG from 1997 to 2001. During those years, he had a hand in high-profile matters including the multi-state legal battle against top tobacco product manufacturers that changed the industry’s marketing efforts and resulted in a $200 billion settlement split among the states, and an investigation of the sweepstakes industry that has helped protect the elderly.

Modisett also served as Marion County prosecutor and led the legal team that tried and convicted former heavy-weight boxing champion Mike Tyson for rape in the 1990s. Since leaving the state, Modisett has been a partner in the business and litigation firm Bryan Cave and served Fortune 500 and high-tech companies on privacy, competition, consumer protection, and related issues. He also served as deputy chief of the Public Corruption and Government Fraud Section of the U.S. Attorney’s Office for the Central District of California, and deputy CEO and general counsel of the 2000 Democratic National Convention in Los Angeles.

All of that led him to where he is now.

“I was basically working as solo practitioner inside a big firm before, and it’s a night and day difference now,” he said, noting his start in April. “I’d describe this being much more like a strategic advisor, and in some ways, it feels like an in-house role. That’s incredibly rewarding. The support this office and all the former deputy attorneys general provide in the practice is something I didn’t realize how much I’ve needed and could benefit from.”

Modisett says the legal issues involve everything from anti-trust to consumer protection, development of privacy policies among high-tech companies, and new definitions of privacy in the evolving intellectual property field. His work involves everything from navigating regulatory oversight at the national and state levels, to making sure companies can stay ahead of compliance standards and settle litigation or enforcement actions when needed. Drafting or reviewing amicus briefs on pending issues is also a job duty, he said. The firm’s new AG practice will be especially attuned to state enforcement matters, and Modisett said it will also respond to investigative inquiries and AG-initiated litigation.

“You’re almost always working with a multi-national corporation that needs to work with various states on consumer protection or regulatory issues, and they are looking for strategic advice and guidance,” Modisett said.

As the Internet became more popular, Modisett said states began communicating more regularly on issues and cases and working together on single issues like those he was involved in as AG.

State attorneys general have become major players in policing major industries and business practices, from bank lending to consumer advertising and privacy. Newspaper headlines tell stories about AGs signing on to challenges of the new national healthcare laws and immigration policies, and are regularly visible making statements on both civil and criminal matters that stretch across state lines.

Most recently, a group of state AGs notified the country’s five biggest banks that they face at least $17 billion in liability unless a settlement is reached to resolve improper home foreclosure practices. In late June, Indiana Attorney General Greg Zoeller wrote an amicus brief on behalf of 48 AGs opposing proposed federal standards that would preempt state laws protecting consumers against national banks.

The type of focused firm practice area Modisett is now engaged in doesn’t really exist in Indiana, Zoeller observed, though he credits the state’s larger firms for having established government affairs and regulatory attorneys who aptly handle these types of issues.

“This idea of representing multiple clients with an AG focus isn’t something we really have here, but I think you’ll see even more of what Denton is doing,” Zoeller said, referring to some of the same national efforts he’s been involved in during the past decade. “As former AGs, they have (credibility) and that at least gets you in the door. It allows for more efficient negotiations, because really it’s almost too late once you’re in court.”

Indianapolis attorney Paul Jefferson, a partner in Barnes & Thornburg’s appellate practice group, sees the need for this type of specialized practice with the growing role of AG enforcement. He’s handled about 30 of these types of cases and devotes about a third of his practice to government practices, serving as administrative law judge on the Microvote voting machine case less than a decade ago and more recently handling cases such as the East Chicago casino revenue case and robo-calls suit before the Indiana Supreme Court.

Understanding the practical and legal implications of these actions is important for those facing off against attorneys general or solicitors general, Jefferson said, and having someone who’s been in that position before can make all the difference.

“This is a specialized practice area and I’m surprised more people aren’t devoting more time to that, rather than just general litigation,” he said. “The states are taking a broad view of regulatory powers and trying to enforce those, and you’re seeing them be more practice active about that. It’s how you negotiate the tension between regulation and enforcement, and that’s what those cases most often turn on. So having someone who knows the system and can balance those interests in finding a resolution is very important.”•
 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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