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Fox Sues YouTube Over Illegal Uploads
Intellectual Property | 2007/01/27 08:38

20th Century Fox served YouTube with a subpoena Wednesday, demanding that the Google-owned viral-video site disclose the identity of a user who uploaded copies of entire recent episodes of "24" and "The Simpsons."

The subpoena, which first came to light on the blog Google Watch, was granted by a judge in U.S. District Court in San Francisco after being filed Jan. 18 by the News Corp.-owned studio. It is not yet known whether YouTube has complied with the request.

In addition, lesser-known video site LiveDigital was served with a similar subpoena. A spokesman for LiveDigital confirmed the company received the subpoena and intended to comply immediately.

A Fox spokesman confirmed the subpoenas were filed and served but declined further comment. A spokesman for YouTube declined comment.

The "24" episodes in question actually appeared on YouTube before their primetime Jan. 14 premiere on the Fox broadcast network, which spread four hourlong episodes of the hit drama over two consecutive nights. Fox became aware thst the episodes were on YouTube on Jan. 8, according to the subpoena.



SEC Sues 21 Year Old For Online Securities Fraud
Securities | 2007/01/27 07:37
The United States Securities and Exchange Commission today filed a complaint in the United States District Court for the Middle District of Florida charging twenty-one year old Aleksey Kamardin with participating in a fraudulent scheme to manipulate the prices of numerous stocks through the unauthorized use of other people’s online brokerage accounts.

The complaint alleges that between July 13 and August 25, 2006, Kamardin, or others acting in concert, commandeered the online trading accounts of unwitting investors at various broker-dealers, liquidated existing equity positions and, using the resulting proceeds, purchased thinly traded stocks in order to create the appearance of trading activity and pump up the price of the stocks. The complaint further alleges that in seventeen instances, Kamardin, in his own account, bought shares in the thinly traded issuer just prior to or at the same time that compromised accounts were made to buy shares, creating the false appearance of market activity. Shortly after the intrusions, Kamardin sold all of his shares at the inflated prices. In all but three of these instances, Kamardin realized a profit from his trading, netting a total profit of $82,960.

The Commission’s action charges Kamardin with violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks permanent injunctive relief, disgorgement and civil money penalties.

The SEC’s Office of Investor Education and Assistance has previously issued an investor alert, available on the SEC’s website, which provides tips for avoiding becoming a victim of an online intrusion.

See http://www.sec.gov/investor/pubs/onlinebrokerage.htm.


Federal judge stymies State Farm Katrina settlement
Breaking Legal News | 2007/01/27 01:29

Judge L. T. Senter, Jr. of the US District Court for the Southern District of Mississippi on Friday rejected for the time being a proposed settlement reached between the State Farm insurance company and Mississippi Attorney General Jim Hood on behalf of hundreds of Mississippi policy holders whose claims were denied after Hurricane Katrina. Senter said the parties had not provided enough information to allow the court to conclude that the "proposed settlement establishes a procedure that is fair, just, balanced, or reasonable." Senter was particularly concerned with the wellbeing of "other litigants... who are not members of the proposed class... and their views on the fairness of the proposed settlement," which would bind a "large number of policyholders into the process of binding arbitration" without their assent to the proposal.

The proposed settlement, if ultimately approved, would award $80 million to the 640 named homeowners who filed the lawsuit and would also provide an additional $50 million for approximately 35,000 other homeowners in Mississippi who did not sue State Farm after their claims were denied. The $50 million figure, however, is just a minimum and depending on the number of applicants, could easily reach hundreds of millions. The settlement would also end Hood's investigation into allegations of fraudulent claim denials by State Farm, including allegations that the company pressured its engineers to doctor their reports. Hood has also brought actions against other insurance companies, including Allstate and Nationwide.



Nexsen Pruet jumps in national law firm ranking
Law Firm News | 2007/01/26 18:27



Nexsen Pruet Adams Kleemeier jumped nine spots in The National Law Journal's listing of the 250 largest U.S. law firms. The firm now ranks No. 231 in the publication's 29th annual survey.

Nexsen Pruet added 18 attorneys in 2006, giving the firm a total of more than 180 lawyers.

Last year, Nexsen Pruet ranked 240th in the survey.

Nexsen Pruet, with 43 attorneys working out of its Greensboro office, is the fifth-largest law firm in the Triad, according to Business Journal research.



Maine says 'No' to Real ID Act
Law Center | 2007/01/26 09:26

Both the Maine House of Representatives and Senate approved a joint resolution Thursday refusing to implement the federal Real ID Act. The resolution had broad support across both parties, with the House of Representatives approving the resolution 137-4 and the Senate 34-0. The federal act, scheduled to take effect in 2008, mandates that state governments require birth certificates or similar documentation and also consult national immigration databases before issuing IDs, which will have to comply with standards established by the Department of Homeland Security (DHS).

The Real ID Act is facing similar state legislative oppositions in Georgia, Kentucky, Massachusetts, Montana, New Hampshire, and Washington. The Bush administration has repeatedly endorses the act, saying that it will discourage illegal immigration and make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs.

State lawmakers, governors, and privacy advocates have express concerns about implementing the federal law, with many objecting to the expensive undertaking required for state compliance and privacy concerns associated with the federal requirements. In December 2005, the National Governor's Association, the National Conference of State Legislatures, and the American Association of Motor Vehicle Administrators, collectively released a report concluding that states are unprepared to implement the law and may need up to eight years to acquire the resources and time to successfully enact the legislation.



Prosecutors urge court to restore DeLay charge
Court Watch | 2007/01/26 09:17

Prosecutors attempting to restore a conspiracy charge against former House Majority Leader Tom DeLay argued Wednesday that the "plain language" of Texas law means he can be charged with conspiring to violate the election code.

But lawyers for DeLay and two co-defendants told the Court of Criminal Appeals that the law is clear in their view -- that conspiracy was added to the state election code after prosecutors allege the crime happened.

"Historically, there have been limitations on the use of conspiracy laws," said DeLay's attorney, Dick DeGuerin of Houston.

Travis County District Attorney Ronnie Earle's office is appealing lower court rulings that threw out the charge accusing DeLay and Republican fundraisers Jim Ellis and John Colyandro of conspiring to violate the Texas election code and its ban on corporate campaign contributions.

It could be weeks or months before the appeals court makes a decision.

DeLay and the co-defendants are still charged with money laundering and conspiracy to launder money, but state District Judge Pat Priest has said he does not have jurisdiction and cannot hold a trial until the appeals court makes its ruling.



DJs Warned of Contest Dangers
Breaking Legal News | 2007/01/26 09:15

Disc jockeys hosting an on-air water-drinking contest should have summoned medical help when a woman complained her head hurt and noted that her belly was so swollen she looked pregnant, said an attorney for a family suing for wrongful death.

Instead, "The talent verbally chastised and otherwise coerced her, exhorting her to remain in the contest by threatening that she would be disqualified if she 'puked,'" according to the lawsuit filed Thursday on behalf of 28-year-old Jennifer Lea Strange's family.

The mother of three died Jan. 12, just hours after drinking as much as two gallons of water in the contest to win a video game console. In the lawsuit, filed in Sacramento County Superior Court, the family claims the DJs on the "Morning Rave" program on KDND-FM knew of the potential dangers of drinking too much water, yet went ahead with the contest anyway.

"The talent admitted during the broadcast that they should have done more research once various participants, including (Strange), began to report medical symptoms," it said. "Such conduct was despicable and so vile, base or contemptible that it would be looked down upon and despised by reasonable people."

Strange was one of about 18 contestants who tried to win a Nintendo Wii gaming console by seeing how much water they could drink without going to the bathroom. The DJs called the contest "Hold your Wee for a Wii."

"They keep telling me that it's the water. That it will tell my head to hurt and then it will make me puke," Strange said, according to an audio tape of the show.

At one point during the contest, a listener who identified herself as a nurse called in to warn the disc jockeys that the stunt could be fatal.

"Yeah, we're aware of that," one of the DJs responded to the caller's warning, the lawsuit said.

Another DJ said with laugh: "Yeah, they signed releases, so we're not responsible. We're OK."

The family claims Strange never signed a liability waiver. Instead, the form merely granted the station permission to use the contestants' names and photos for promotions, said the family's attorney, Roger Dreyer.

"I guarantee you if there was a waiver of liability they would have produced it," Dreyer said at a news conference.

The Sacramento-area station fired 10 employees after Strange's death.

The lawsuit names as defendants KDND's parent company, Entercom/Sacramento, as well as employees and managers who organized, promoted and participated in the contest.

The radio station would not comment directly about Thursday's lawsuit, Entercom spokesman Charles Sipkins said.

"We reiterate our deepest sympathies and condolences to the Strange family, but we do not comment on pending litigation," he said.

Sipkins said he did not know whether the DJs jockeys had retained their own attorneys.

After several hours of drinking water, Strange relented and accepted the second-place prize, tickets to a Justin Timberlake concert. Her mother, Nina Hulst, found her dead several hours later at the family's home in Rancho Cordova, a Sacramento suburb.

"I want nobody else to have to suffer the pain that our family is suffering," Hulst said at the news conference.

The Federal Communications Commission has joined the investigation into Strange's death at the request of the family's attorneys, spokesman Clyde Ensslin said. He said FCC Chairman Kevin Martin was "troubled" by the information in the letter.

If it finds wrongdoing, the FCC could fine the station or deny its license renewal application.



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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 and help you redesign your existing law firm site to secure your place in the internet.
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