Today's Date: Add To Favorites
SEC sides with investors in high court case
Securities | 2007/06/04 09:43

The Securities and Exchange Commission is recommending that the U.S. solicitor general's office advocate a position taken by investors on the question of whether shareholders can file lawsuits against third parties for the actions of the shareholders' company, the Journal said, citing people familiar with the matter. An SEC spokesman had no comment on Monday morning. The recommendation comes as concerns have arisen in recent weeks about the agency's commitment to investor protection.

The third-party question comes in a case before the Supreme Court. The high court is reviewing whether vendors that did business with Charter Communications Inc. (CHTRcharter communications inc (CHTR) can be held liable for allegedly helping the company inflate its financial results.

Meanwhile, high-profile plaintiffs lawyer William Lerach is asking the Supreme Court to review a case that involves investment bankers who worked with Enron Corp. He is alleging that several Wall Street firms should be held liable for Enron's accounting fraud because they financed transactions Enron used to inflate its financial results



High court restores killer's death sentence
Court Watch | 2007/06/04 08:44

Reversing the U.S. 9th Circuit Court of Appeals in another murder case, the Supreme Court today restored a death sentence for a Washington state man who abducted, tortured and killed a young woman near Seattle. Cal Brown, who confessed to the crime, was convicted and sentenced to death by a jury in 1993. But the 9th Circuit Court overturned his death sentence last year, saying the trial judge had wrongly excluded a juror who expressed qualms about capital punishment.

In a 5-4 decision, the Supreme Court upheld the decision of the trial judge and said the 9th Circuit erred by intervening.

"It is not for us to second-guess the determination" of the trial judge over whether a potential juror is willing to follow the law, Justice Anthony M. Kennedy said.

He said the prosecutor and the judge had ample reason for excusing the man, referred to as Juror Z, because he had said the death penalty was appropriate only if the killer might be released and kill again.

In Washington, as in California, that was not a possibility in a case such as this one. The defendant, if convicted of aggravated murder, would be sentenced either to life in prison without parole or to death. The prosecutor asked to have Juror Z excluded, saying his comments suggested he would reject the death penalty for Brown. The defense lawyer replied, "We have no objection."

Nonetheless, the move -- seemingly minor at the time -- led to the reversal of Brown's death sentence more than 12 years later by the San Francisco-based appeals court.

The Supreme Court was sharply split along conservative-liberal lines in its decision.

Justice John Paul Stevens delivered a strong dissent in the courtroom. By allowing prosecutors to exclude jurors who have qualms about the capital punishment, the court will encourage the formation of juries "unfairly biased in favor of the death penalty," Stevens said. "Millions of Americans oppose the death penalty," and juries are supposed to represent a cross section of the community, he argued.

He said jurors who pledged to follow the law in death penalty cases should be seated, even if they expressed doubts about the use of such punishment.

Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined his dissent in the case of Uttecht vs. Brown.



Florida Doesn't Have to Pay Nudist's Fee
Legal Business | 2007/06/04 08:40

The Supreme Court made it harder Monday to recover legal fees from the government, ruling against a woman who sued for the right to form a peace sign in the nude in a Florida park. The justices ruled unanimously against Toni Anne Wyner, a nudist from Fort Pierce, Fla. Wyner won a federal court ruling that allowed her and other performers to go forward with their protest in the nude on Valentine's Day 2003.

Based on the order, known as a preliminary injunction, a federal judge ruled that Florida should pay Wyner's lawyers $25,000 in legal fees.

But Wyner's lawsuit also was a broader challenge to a Florida law that bans nudity on beaches, arguing that the law violated her First Amendment right of free expression.

Wyner lost that fight and the Supreme Court said that what matters is the final resolution of the lawsuit.

"Here, at the end of the fray, Florida prevailed in the suit. The state's bathing suit rule remained intact," Justice Ruth Bader Ginsburg said in her opinion for the court.

Ginsburg cautioned that the court was taking no position "on the extent to which the First Amendment protects artworks that involve nudity."

Because the case had the potential for broad impact on lawsuits against governments generally, the Bush administration and 24 states joined Florida in urging the court to reverse the award of attorney's fees.

An unusual array of conservative and liberal interest groups came together in support of Wyner, arguing that public interest law firms would be left without any compensation in many cases.

The governments wanted the court to rule that parties who win preliminary injunctions can never recover attorney's fees.

The court, however, left unanswered what happens in lawsuits in which "the preliminary injunction essentially resolves the whole case and ends the litigation," said Andrew Pincus, a partner with the Mayer, Brown, Rowe & Maw law firm who filed a brief on behalf of the interest groups.



DOJ charges 4 in alleged JFK Airport terror plot
Breaking Legal News | 2007/06/03 11:41

Federal authorities arrested three men Saturday and are still searching for a fourth after foiling a terrorist plot to bomb John F. Kennedy International Airport. The complaint charging the four men claims the plot was intended to "cause greater destruction than in the Sept. 11 attacks," according to one of the suspects. The plot could have destroyed parts of New York's borough of Queens, where an underground fuel pipeline serving the airport runs.

Authorities have been tracking the plot for more than a year. The suspects include Russell Defreitas, a US citizen native to Guyana and former JFK air cargo employee, Abdul Kadir of Guyana, Kareem Ibrahim of Trinidad, and Abdel Nur of Guyana, who is still being sought in Trinidad. Defreitas said he formed the plot more than a decade ago when he worked as a cargo handler. He said he chose the airport because its destruction would put "the whole country in mourning."



China Promises to Control Greenhouse Gas
International | 2007/06/03 11:36

China promised Monday to better control emissions of greenhouse gases, unveiling a new national program to combat global warming, but rejected mandatory caps on emissions as unfair to countries still trying to catch up with the developed West.

The program offered few new concrete targets for reducing emissions of the greenhouse gases that are believed to contribute to global warming. But the plan outlined steps China would take to meet a previously announced government goal of improving overall energy efficiency in 2010 by 20 percent over 2005's level.

One of China's chief objectives is "to make significant achievements in controlling greenhouse gas emissions," said the report, released by the National Development and Reform Commission, the economic planning agency.

Among the measures the government called for were stepped-up efforts to put the hard-charging but inefficient economy on a more sustainable footing, to research and deploy new energy-saving technologies and to plant more trees.

Given an economy that has been growing at better than 9 percent annually over the past 25 years, the plan's overall effect, if implemented, would be to slow the increase in greenhouse gases, not reduce their absolute amount.

China has fallen under increasing pressure internationally to take more forceful measures to curb releases of greenhouse gases. The country relies on coal among the dirtiest of fuels to meet two-thirds of its energy needs and is projected to surpass the U.S. as the world's No. 1 emitter of greenhouse gases sometimes in the next two years.

In explaining the new program, the head of China's planning agency said global warming was largely caused by 200 years of unrestrained industrialization by the West, and it would be unfair to impose mandatory emissions caps on China and other developing nations.

"This would hinder the development of developing countries and hamper their industrialization," Ma Kai told reporters.

The report's release seemed in part an attempt to pre-empt criticism of China when Chinese President Hu Jintao attends an expanded summit of the Group of Eight industrialized nations in Germany this Friday. The summit will feature a session on global warming.



Gonzales outlines new DOJ efforts to counter crime
Law Center | 2007/06/02 11:39

US Attorney General Alberto Gonzales Friday announced draft legislation to combat violent crime that would increase penalties, extend the statute of limitations for prosecution, and create separate statutory prohibitions against violent crime by illegal immigrants. The proposed Violent Crime and Anti-Terrorism Act of 2007, brought forward just days after FBI Assistant Director of Public Affairs John Miller said that a forthcoming FBI report would detail a nationwide increase in murders, robberies and other violent crimes for a second straight year, also seeks to restore the binding nature of sentencing guidelines, which the US Supreme Court found to be merely advisory in US v. Booker. The legislation would also expand federal narcotics law, sexual predator law, and anti-terrorism law.

Gonzales also announced the expansion of violent crime task forces into four new cities: Mesa, AZ; Orlando, FL; San Bernardino, CA; and San Juan, Puerto Rico. In a statement made at the ATF Headquarters, Gonzales said that the four cities were chosen because they asked for help following an "unacceptable increase in homicides or other violent crimes" [statement text]. The addition of the four cities means that 29 US cities are now covered in the Violent Crime Impact Team program. Friday's proposals do not increase funding for individual communities' own law enforcement groups.



Equity Partner Joins Latham & Watkins in Munich
Law Firm News | 2007/06/01 10:53


Latham & Watkins LLP is
pleased to announce that Volkmar Bruckner has joined the firm's Munich office as a partner in the Corporate Department effective June 1, 2007. Bruckner's practice focuses on private equity and M&A.

Bruckner has an impressive track record advising domestic and multinational clients in private equity transactions, with specific expertise advising on large and mid-size management and leveraged buy-outs.

"Volkmar's work on a number of large and mid-market deals has elevated him as a 'rising star' at the German M&A and private equity bar. His experience handling complex domestic and cross-border deals strengthens our capability in Germany.  He has developed a reputation within German private equity circles for being extremely hard-working, having a strong team spirit and possessing an entrepreneurial attitude - qualities that we place high emphasis on. Volkmar joins a strong and ambitious team in Germany, and his experience and attitude will further reinforce our position in Europe," said Jörg Kirchner, Office Managing Partner of Latham & Watkins in Munich.

John Watson, Vice Chair of the Global Corporate Department, commented: "On the corporate side, we are committed to building the leading private equity, M&A and acquisition finance capability in Europe. We have taken great strides in this direction, working on some of the most widely-watched deals in the market, entering new markets and attracting major players in Europe  to join our team. Volkmar's arrival is further evidence of this commitment and ambition."

"I admire Latham's private equity practice and the firm's focus and success at building a deep corporate capability in Europe.  The firm's global platform and culture of integration together with its strong German presence will provide additional opportunities for me to grow my practice and attract new clients," said Bruckner.

Bruckner joins Latham & Watkins from Dechert LLP, where he has been a partner since January 2006. He joined Dechert in 2004 from Baker & McKenzie, where he practiced as an associate since 1999. Bruckner studied law at the University of Erlangen, completing his PhD at Erlangen in 2001. He completed an LL.M. in international comparative law at George Washington University Law School, Washington, D.C. in 1996.  He teaches M&A and private equity related courses at the Nuremberg University Business School.



[PREV] [1] ..[964][965][966][967][968][969][970][971][972].. [1177] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Starbucks appears likely to ..
Supreme Court will weigh ban..
Judge in Trump case orders m..
Court makes it easier to sue..
Top Europe rights court cond..
Elon Musk will be investigat..
Retired Supreme Court Justic..
The Man Charged in an Illino..
Texas’ migrant arrest law w..
Former Georgia insurance com..
Alabama woman who faked kidn..
A Supreme Court ruling in a ..
Court upholds mandatory pris..
Trump wants N.Y. hush money ..
Supreme Court restores Trump..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design