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Former US Attorney taking job at law firm in Chicago
Law Firm News | 2012/11/01 09:45
Former U.S. Attorney Patrick Fitzgerald has a new job. Fitzgerald plans to join Skadden, Arps, Slate, Meagher & Flom LLP. Fitzgerald will become a partner in the corporate law firm's Chicago office on Oct. 29.

Ads by GoogleDuring his tenure as U.S. attorney, Fitzgerald gained recognition for leading investigations into terrorism and organized crime, as well as the prosecutions of two Illinois governors. He stepped down as the top federal prosecutor in Chicago earlier this year.

Fitzgerald says he picked Skadden over other large firms because of its global reach and the opportunity to do some public-interest work.

Skadden has about 1,800 lawyers in 23 offices around the world, including about 170 attorneys in Chicago.


Lawyer for NY man suing Facebook wants out of case
Court Watch | 2012/11/01 09:41
The latest lawyer to represent a New York man in what authorities now say is a fraudulent lawsuit against Facebook is seeking to withdraw from the case.

Dean Boland, in a motion filed Tuesday in U.S. District Court in Buffalo, did not publicly say why he wants off Paul Ceglia's case, instead providing the reason in a private document to the judge.

The Lakewood, Ohio, lawyer did say, however, it has nothing to do with any belief that Ceglia engaged in fraud.

Given media coverage of the case, Boland wrote, "it is important to emphasize in the strongest terms possible, that the reasons underlying this request, provided to the court for its review, have nothing to do with any belief by the undersigned that plaintiff is engaged in now or has been engaged in during the past, fraud regarding this case."

Boland is among more than a half dozen lawyers and law firms to have signed on and then withdrawn from Ceglia's 2010 lawsuit. Ceglia claims in the suit that he's entitled to half-ownership of Menlo Park, Calif.-based Facebook based on a 2003 contract with founder Mark Zuckerberg when he was still at Harvard.



Retail group against revised card settlement
Legal Business | 2012/10/26 16:26
A proposed settlement in a class-action lawsuit brought by retailers and trade groups against Visa Inc. and MasterCard Inc. fails to protect merchants from abuse by credit card companies, a national retail group says.

The lawsuit, which dates to 2005, centers on the subject of swipe fees — charges banks collect every time a Visa or MasterCard is used to pay for a purchase.

The proposed settlement terms, initially disclosed in July, were revised and filed Friday with U.S. District Court in Brooklyn.

But changes to the deal failed to win over many of the retailers represented by the National Retail Federation.

In a statement Mallory Duncan, the trade group's general counsel, said that the proposed deal does virtually nothing to protect retailers or their customers, and it attempts to silence any objections for years to come.

"Retailers would rather take their chances in court than accept this one-sided swindle written by the card industry for the card industry," he added.

The National Retail Federation, the nation's largest retail trade group, is not a party to the lawsuit.

In a statement Friday, Visa called the settlement a fair and reasonable compromise.

Under the proposed settlement, stores will be allowed to charge customers more if they pay with a credit card. The pact covers only U.S. transactions.


Fla. to execute mass killer after court lifts stay
Breaking Legal News | 2012/10/24 16:25
A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court.

The execution of John Ferguson, 64, was tentatively back on for 6 p.m. at Florida State Prison pending a final order from the governor's office, state corrections officials said. Ferguson has been on Florida's death row for 34 years.

The 11th U.S. Circuit Court of Appeals on Monday lifted a stay put in place over the weekend by a judge in Florida. Ferguson's lawyers argued he is mentally ill and therefore the Constitution prohibits the state from executing him.

His attorneys sought reinstatement of the stay in an emergency filing Tuesday morning with the U.S. Supreme Court. There was no immediate ruling from the justices.

Ferguson was convicted of killing eight people in South Florida in 1977 and 1978, including a teenage couple.

Two of the three appeals court judges in Atlanta ruled that U.S. Judge Daniel Hurley "abused" his discretion on Saturday when he issued a stay in the case.


Minn. Supreme Court to hear suicides case appeal
Court Watch | 2012/10/20 16:46
The Minnesota Supreme Court has agreed to hear the appeal of a former
nurse convicted of searching out suicidal people in online chat rooms
and encouraging them to commit suicide.

William Melchert-Dinkel of Faribault was convicted in 2011 on two
counts of aiding suicide. The Minnesota Court of Appeals in July
rejected his argument that he was merely practicing free speech.

In an order Tuesday, the state Supreme Court agreed to review the
case. A date for oral arguments has not been set.

Melchert-Dinkel was convicted in the deaths of 32-year-old Mark
Drybrough, of Coventry, England, and 18-year-old Nadia Kajouji, of
Brampton, Ontario, in 2008.

Melchert-Dinkel faces about a year in jail unless his conviction is
overturned. He remains free pending appeal.


Lawyer: Bahrain court postpones activist's appeal
Human Rights | 2012/10/18 16:41
A defense lawyer in Bahrain says a court has prolonged the appeal of
an imprisoned human rights activist by ordering another hearing next
month.

Nabeel Rajab is challenging his three-year prison sentence for
allegedly encouraging illegal protests and violence in the
strife-wracked Gulf nation, which is home to the U.S. Navy 5th Fleet.

He is among the most high-profile prisoners in Bahrain's crackdowns.
The country has been hit by near-daily unrest since February 2011,
when its Shiite majority began an uprising demanding a greater
political voice in the Sunni-ruled nation.

Attorney Mohammed al-Jishi says the court on Tuesday set Rajab's next
hearing for Nov. 8.

Also Tuesday, authorities detained another rights campaigner, Mohammed
al-Maskati, the president of the Bahrain Youth Society for Human
Rights.



The Rosen Law Firm Announces Securities Class Action
Class Action | 2012/10/13 09:44
The Rosen Law Firm, P.A. today announced that a class action lawsuit has been filed on behalf of all persons or entities who purchased OCZ (OCZ) common stock or call options, or sold OCZ put options, between July 10, 2012 and October 10, 2012, inclusive (the "Class Period").

To join the OCZ class action, visit the firm's website at http://rosenlegal.com, or call Phillip Kim, Esq., toll-free, at 866-767-3653; you may also email pkim@rosenlegal.com for information on the class action.

NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.

The Complaint asserts violations of the federal securities laws against OCZ and certain if its officers and directors for issuing misleading financial information. Namely, the lawsuit asserts that OCZ: (a) was providing extraordinary customer incentives in excess of what was normal and customary in the past; and (b) improperly accounting for customer incentive programs. As a result, OCZ's financial results were misstated during the Class Period and the OCZ lacked adequate internal controls. The Complaint alleges that when this adverse information entered the market investors lost nearly half the value of their investment.

If you wish to serve as lead plaintiff, you must move the Court no later than December 10, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com.

www.rosenlegal.com.




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