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New York Securities Industry Litigation Law Firm
Law Center | 2012/03/14 10:19
We have an extensive track record of successful engagements that can be matched by few firms of our size. With a dedicated focus on the financial services arena, we represent broker-dealers, registered representatives and other industry participants in a broad spectrum of securities disputes in court and in FINRA arbitration. Our principal attorney has handled approximately 200 FINRA arbitrations and has a lengthy record of success in those matters that have been tried to verdict.

Securities Litigation and Arbitration

Our clients have entrusted us to litigate sales practice disputes of virtually every type, encompassing a wide variety of products. As a small law firm, we are free from the conflicts faced by many larger law firms. This flexibility enables us to represent investors with substantial claims, along with claims in which one broker-dealer is adverse to another. Our founding partner is a certified arbitrator for FINRA and the NFA and formerly served as in-house counsel for an NYSE-member broker-dealer. This in-the-trenches experience provides unique insight to our advocacy.

Herskovits Law is a New York based law firm and has expertise in defending clients facing allegations of market manipulation and assorted FINRA rule violations. Their experience consistently guides their approach to successfully help fight for the rights of the victims of industry allegations.



Ohioan to plead guilty to defrauding fellow Amish
Court Watch | 2012/03/14 10:19
An Ohio man will plead guilty in federal court to defrauding fellow Amish in 29 states out of nearly $17 million as part of a case the man's church had hoped to shield from publicity and outside involvement, the government said Tuesday.

The attorney for Monroe L. Beachy, 77, owner of A&M Investments in Sugarcreek, filed a recent notice informing federal court of his "intention to plead guilty as charged."

U.S. attorney's spokesman Mike Tobin confirmed the pending guilty plea. Beachy declined to comment Thursday, and his attorney didn't immediately return a message seeking comment.

Beachy is accused in an indictment of promising investors safe securities but moving money to riskier investments. According to the indictment, nearly 2,700 people and entities, including an Amish community loan fund, lost about $16.8 million since 2006.

The investments directed by Beachy "were not the 'safe' investments as reported to his clients or investors," the indictment said.

Beachy, bearded with a shock of white hair, is a member of an Amish church near Sugarcreek.

He is charged with one count of mail fraud, punishable by up to 20 years in prison. Prosecutors stopped short of saying whether Beachy had personally profited or just made bad investments but noted he had made a living for years offering investor services to the Amish.



Man accused in wife's death in DC to remain held
Court Watch | 2012/03/13 10:19
A German-born man who is charged with killing his 91-year-old socialite wife and who a doctor has said was delusional will spend at least another month in a mental health hospital, a judge decided Wednesday.

A judge ordered Albrecht Muth, 47, held for another month during a mental health hearing in D.C. Superior Court.

Muth is charged in the August strangulation and beating death of his wife, Viola Drath, a German journalist. He was sent from jail to a psychiatric hospital in February for a competency screening after a doctor said Muth was delusional and claimed the Archangel Gabriel tells him what to do.

A report filed in court Tuesday said a psychologist who examined him at Saint Elizabeths Hospital had concerns about his current ability to rationally understand the proceedings against him and his ability to help his attorneys with his case. The hospital said it believes Muth's mental health is likely to improve with time and treatment, however.

Muth's lawyers and lawyers for the government agreed the hospital should be given additional time to treat him.

District of Columbia Superior Court Judge Russell Canan encouraged Muth to work with the hospital staff. Muth nodded but did not say anything during the hearing. Canan scheduled the next hearing in the case for April 25.



Health care lawyer Clement as high court regular
Health Care | 2012/03/12 10:01
Paul Clement used to argue for the federal government's power until he started arguing against it.

But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.

Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.

In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.

Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.

He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.



Defendant won't testify in US webcam spying trial
Court Watch | 2012/03/12 10:00
A former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man won't take the witness stand in his own defense, his lawyer told the judge as he rested his case.

The 20-year-old Ravi, who was born in India and came to New Jersey as a young child, is charged with 15 criminal counts, including bias intimidation and invasion of privacy. Bias intimidation is a hate crime punishable by up to 10 years in prison in New Jersey. He also could be deported to India, where he remains a citizen, if he's convicted on any counts.

Prosecutors presented about 20 witnesses over 10 days as they built a case against Ravi. Defense lawyers called nine lawyers in two days.

Ravi's roommate, Tyler Clementi, committed suicide by jumping off the George Washington Bridge in September 2010, just days after the intimate encounter. His death brought widespread attention to the difficulties that can be faced by young gays.



Glancy Binkow & Goldberg LLP Announces Class Action
Class Action | 2012/03/12 10:00
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court, Northern District of Alabama, on behalf of purchasers of the common stock of Walter Energy, Inc. between April 20, 2011 and September 21, 2011, inclusive (the “Class Period”), alleging violations of the Securities Exchange Act of 1934. Walter Energy produces and exports metallurgical coal for electric utility and industrial customers in the United States.

The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial prospects, including that: (1) the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced the Company’s coal production; (2) the Company’s commitment to ship more than 700,000 tons of coal in the second quarter, at first quarter sales prices, would result in a material adverse effect on Walter Energy’s second-quarter average sales prices and operating results; (3) the Company was experiencing a significant decline in its margins and profitability; and (4), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s business and financial prospects during the Class Period.

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. If you purchased Walter Energy common stock between April 20, 2011 and September 21, 2011, you have certain rights, and have until March 26, 2012 to move for lead plaintiff status.

www.glancylaw.com



Afghanistan suspect's base had 2010 killing case
Breaking Legal News | 2012/03/11 10:00
Joint Base Lewis-McChord is one of the largest military installations in the U.S., and one that has seen its share of controversies and violence in the past few years.

The news that a soldier suspected of killing 16 Afghan villagers Sunday comes from this base about 45 miles south of Seattle hit hard.

"It's another blow to this community," said Spc. Jared Richardson, an engineer, as he stood outside a barbershop near the base. "This is definitely something we don't need."

Home to about 100,000 military and civilian personnel, the base has suffered a spate of suicides among soldiers back from war. The Army is investigating whether doctors at Lewis-McChord's Madigan Army Medical Center were urged to consider the cost of providing benefits when reviewing diagnoses of post-traumatic stress disorder.

Most famously, four Lewis-McChord soldiers were convicted in the deliberate thrill killings of three Afghan civilians in 2010.

The military newspaper Stars and Stripes called it "the most troubled base in the military" that year.

Catherine Caruso, a spokeswoman for Lewis-McChord, said she could not comment on reports that the soldier involved in Sunday's shooting was based there.


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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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