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MPAA helps land criminal conviction in P2P piracy case
Venture Business News |
2008/06/30 08:44
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The Motion Picture Association of America has helped convict an administrator for EliteTorrents.org, a peer-to-peer site, of felony copyright infringement and conspiracy, the U.S. Justice Department announced Friday.
Daniel Dove, 26, of Clintwood, Va., was the first criminal conviction after jury trial for peer-to-peer copyright infringement and the eighth overall resulting from a federal crackdown called Operation D-Elite that targeted administrators and people who provided content that was distributed through the BitTorrents hub. The case began in 2005, when federal agents raided and shut down the popular Web site that had distributed copyrighted music and movies, including Star Wars Episode III: Revenge of the Sith. At that time, Homeland Security agents from several divisions served search warrants on 10 people around the country suspected of being involved with the Elite Torrents site, and took over the group's main server. According to prosecutors, EliteTorrents attracted more than 125,000 members and assisted in the illegal distribution of about 700 movies, which were downloaded more than 1.1 million times. According to the Justice Department, Dove led a group of "uploaders" that supplied pirated content to the group, as well as recruiting members with ultra-fast broadband connections to become uploaders. Prosecutors also said Dove operated a high-speed server himself. The MPAA "provided substantial assistance" to the investigation, the Justice Department said in a statement. Dove faces up to 10 years in prison when he is sentenced in September, the Justice Department said. Scott McCausland, who used to be an administrator of the EliteTorrents server before the raid, pleaded guilty in 2006 to two copyright-related charges over the uploading of Star Wars: Episode III to the Internet. As a result, he was sentenced to five months in jail and five months' home confinement. |
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Tel Aviv-based banker pleads guilty in US fraud case
International |
2008/06/30 06:44
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A Tel Aviv-based banker with United Mizrahi Bank pleaded guilty to setting up secret bank accounts in Israel that, prosecutors say, helped charitable contributors to an orthodox Jewish group evade US taxes. Joseph Roth, 66, pleaded guilty over the weekend to one count of conspiracy, US Attorney Thomas O'Brien in Los Angeles said in an official statement. A second defendant, Rabbi Moshe E. Zigelman, 60, of Brooklyn, New York, has agreed to plead guilty to his part in the scheme that defrauded the US out of millions of dollars in tax revenue, according to the statement. Ross and Zigelman were among eight people indicted in December for tax fraud and money laundering. The group was accused of soliciting millions of dollars for the "Spinka'' charities and secretly refunding 95 percent of the donations. The money was funneled back to the contributors through a network of businesses in the Los Angeles jewelry district and through Israeli bank accounts, prosecutors said. Eric Dobberteen, a lawyer representing Roth, and David Willingham, a lawyer for Zigelman, didn't immediately return calls to their office. The case is US v. Naftali Tzi Weisz et al, 06-775, US District Court, Central District of California |
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Florida prepares for 1st execution since foul up
Breaking Legal News |
2008/06/30 05:41
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Florida's new procedure for lethal injections could be tested Tuesday when executioners strap down a condemned inmate for the first time since a botched execution. Mark Dean Schwab, 39, is scheduled to die exactly 16 years after he was sentenced in the 1991 kidnapping, rape and murder of 11-year-old Junny Rios-Martinez. Florida officials say they have resolved problems with the December 2006 execution of Angel Diaz when needles were accidentally pushed through his veins, causing the lethal chemicals to go into his muscles instead, delaying his death for 34 minutes — twice as long as normal. Some experts said that would cause intense pain. Then-Gov. Jeb Bush stopped all executions after Diaz was killed, but Florida and other states were also held up as they waited for the U.S. Supreme Court to rule the three-drug method of lethal injection used by Kentucky was constitutional. Thirty-four other states, including Florida, use a similar method. Florida's new procedure requires the warden to make sure the inmate is unconscious following the injection of the first chemical, sodium pentothal. Then the executioner will inject pancuronium bromide to paralyze his muscles and potassium chloride to stop his heart. It also requires people with medical training to be involved in the process. Schwab and his attorneys aren't so sure the problems are fixed. An analysis done for Schwab's lawyers showed that nine of the 30 mock executions performed by Florida's Department of Corrections between September 2007 and May were failures, said one of his state-paid attorneys, Mark Gruber. The corrections department said its mock exercises have included preparation for potential problems such as a combative inmate, the incapacity of an execution team member, power failure and finding a vein. |
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McCain, Obama court Hispanic voters
Politics |
2008/06/30 05:40
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Presidential rivals John McCain and Barack Obama on Saturday vied for the support of Hispanics, beginning a four-month courtship of a pivotal voting constituency by vowing to revamp immigration policy. "I come from a border state, my dear friends. I know these issues," McCain told Hispanic elected officials. The Republican senator from Arizona said overhauling the country's broken immigration system, not just securing its borders, "will be my top priority." Appearing later before the same audience, Obama accused McCain of walking away from comprehensive immigration reform. The Democratic senator from Illinois said: "We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day." The two spoke separately to some 700 Hispanics attending the National Association of Latino Elected and Appointed Officials conference. It's the first of three such appearances each is scheduled to make to Hispanic organizations in less than a month, underscoring the importance of the nation's fastest-growing minority group. Both McCain and Obama were warmly received at NALEO; the crowd gave each standing ovations and cheered loudly. When McCain spoke, the audience shouted down anti-war protesters who interrupted the Republican's speech four times. The audience chanted Obama's name when the Democrat entered later. As he took the stage, Obama said "Si, se puede!" — his "yes we can" campaign slogan in Spanish — and the crowd echoed him. |
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Nossaman merges with D.C.-based law firm
Legal Business |
2008/06/30 04:41
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Nossaman Guthner Knox & Elliott LLP plans to merge with O'Connor & Hannan LLP. O'Connor & Hannan LLP, a D.C.-based firm with 23 attorneys and lobbyists at 1666 K St. NW, will rename as Nossaman LLP/O'Connor & Hannan and have more than 150 attorneys and lobbyists in eight offices. The merger takes effect Tuesday. Los Angeles-based Nossaman will add D.C. to its list of locations, which includes Arlington County and offices in Austin, Texas, and a handful of cities in California. Recently brought together through several joint new business proposals, the two firms found similarities in environmental law, government relations and infrastructure. "The attorneys joining Nossaman add another dimension to our core practice areas and to the services we can offer our clients at the federal level," said Michael Heumann, managing partner at Nossaman. "We are further differentiating ourselves from other mid-sized California law firms and offering our clients something new." Next month, Nossaman's D.C. office will elect members to the firm's executive and compensation committees. Timothy Jenkins, a legislative advocate with 51-year-old O'Connor & Hannan, will become chairman of Nossaman's national government relations practice group.
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Summaries of leading Supreme Court rulings
Breaking Legal News |
2008/06/29 08:39
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Brief summaries of the rulings from the leading cases before the Supreme Court in its just-ended term: GUN BAN Ruled that Americans have a right to own guns for self-defense and hunting. It was the justices' first major pronouncement on gun rights in history. The 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact. Within two days, lawsuit were filed in San Francisco and Chicago challenging similar handgun bans. The court had not conclusively interpreted the amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia. Writing for the majority, Justice Antonin Scalia said an individual right to bear arms is supported by "the historical narrative" both before and after the amendment was adopted. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns. Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. |
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Texas high court rules exorcism protected by law
Court Watch |
2008/06/28 08:46
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The Texas Supreme Court on Friday threw out a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of her old church, ruling that the case unconstitutionally entangled the court in religious matters. In a 6-3 decision, the justices found that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment." Laura Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996, when she was 17. Schubert said she was pinned to the floor for hours and received carpet burns during the exorcism, the Austin American-Statesman reported. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help. But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she "freaked out" about following her father's life as a missionary and was acting out to gain attention. The 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl. The jury awarded her $300,000, though the 2nd Court of Appeals in Fort Worth later reduced the verdict to $188,000. Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs." But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct. |
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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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