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Freshfields Bruckhaus Advises HP in Acquisition
Mergers & Acquisitions | 2007/11/19 10:21
Leading international law firm Freshfields Bruckhaus Deringer has advised HP on its acquisition of Atos Origin Middle East group, ('AOME'), one of the Middle East's leading systems integrators, to broaden its consulting and integration capacity in the region. The transaction closed on Monday 5 November.

The acquisition is expected to deliver three key strategic assets to HP: enhancement of the company’s SAP capabilities in the Middle East; reinforcement of HP’s expertise in two key market segments – the public sector and oil and gas; and the extension of HP’s geographic presence into Libya and Qatar.

Bruce Embley, the corporate partner in Dubai who led the team said, 'We are delighted to have assisted HP on this important acquisition in the Middle East.'

The Freshfields team included associates Jan Hards, Zoe Blakemore and Fares Al-Hejailan. HP's internal legal team on the deal was led by Sergio Letelier.


United Rentals Takes Cerberus to Court
Court Watch | 2007/11/19 10:08
United Rentals filed a lawsuit against Cerberus Capital Management seeking to force the private-equity firm to follow through with its buyout of the rental-equipment company.

The suit comes after Cerberus said last week that it wanted to pay a $100 million break-up fee to end the deal, partly because of volatility in the credit markets. United Rentals has contended that there are no financing obstacles to the $7 billion buyout, nor any significant changes in its business.

United Rentals said Monday that RAM Holdings and RAM Acquisition, two acquisition vehicles formed by Cerberus, are violating the merger agreement and do not have the right to simply pay the break-fee and walk away from the deal.

The company called Cerberus' action a "naked ploy" to extract a lower price for the buyout. Cerberus said last week it was willing to negotiate a revised deal.

Through the lawsuit, filed in the Delaware Court of Chancery, United Rentals is seeking to consummate the merger agreement in accordance with its original terms.

With the suit, United Rentals joins Sallie Mae in launching a legal battle with its potential acquirers to force a buyout. Other companies, such as Harman and Acxiom, have seen their deals fall apart as turmoil in the credit markets affects private-equity firms' ability to raise financing.

Shares of United Rentals recently were down 37 cents, or 1.6%, to $23. The buyout had called for Cerberus to pay $34.50 a share for the company.


Maryland Police/Sheriff Investigate Taser Death
Breaking Legal News | 2007/11/19 09:43
Frederick law enforcement agencies are conducting dual investigations into the death of a 20-year-old man who died Sunday after a Frederick County Sheriff’s deputy used a Taser to subdue him.

According Cpl. Jennifer Bailey, spokeswoman for the Sheriff’s Office, a deputy responded to the 7000 block of Gresham Court East, Frederick, at 4:54 a.m. Sunday for the report of a fight in progress.

The deputy — whose identity has not been released — found four people fighting, and deployed a Taser, striking Jarrel Gray of Frederick.

Gray fell to the ground, and he received medical attention. He was transported to Frederick Memorial Hospital, where he was later pronounced dead.

The deputy who fired the Taser has been placed on administrative leave with pay during the investigation, which is normal procedure.

On WFMD Monday morning, Sheriff Chuck Jenkins (R) said two investigations are under way: The Frederick Police Department is investigating Gray’s death, while the Sheriff’s Office is investigating the use of the Taser by one of its deputies.

According to Frederick County Circuit Court records, Gray was serving two years and six months of supervised probation stemming from charges of second-degree assault and resisting arrest in November 2006.

This incident comes almost two weeks after a Frederick County Sheriff’s deputy used a Taser in his role as a school resource officer at Tuscarora High School.

In that incident, an 18-year-old student was not injured as he resisted a deputy’s command to step away as he broke up a fight at the school.


Texas Judge Issues Injunction Against Tribe
Breaking Legal News | 2007/11/19 09:40
 A Texas judge grants a permanent injunction against the Wichita-based Kaweah Indian Nation and its self-proclaimed chief, Malcomb Webber.

The unrecognized tribe is accused of defrauding illegal immigrants by falsely claiming they could get Social Security numbers if they bought tribal memberships.

The Texas attorney general's office had filed a lawsuit accusing Webber and his group of violating the Texas Deceptive Trade Practices Act.

The lawsuit is still pending against two other defendants. And a spokesman for the Texas attorney general's office said a ruling on any penalties and restitution will be made after the entire case is settled.

A court-appointed attorney for Webber has said Webber was a victim of renegade underlings.


U.N. Chief Seeks More Climate Change Leadership
International | 2007/11/18 09:16

Secretary General Ban Ki-moon, describing climate change as “the defining challenge of our age,” released the final report of a United Nations panel on climate change here on Saturday and called on the United States and China to play “a more constructive role.” His challenge to the world’s two greatest greenhouse gas emitters came just two weeks before the world’s energy ministers meet in Bali, Indonesia, to begin talks on creating a global climate treaty to replace the Kyoto Protocol, which expires in 2012.

The United States and China are signatories to Kyoto, but Washington has not ratified the treaty, and China, along with other developing countries, is not bound by its mandatory emissions caps.

“Today the world’s scientists have spoken, clearly and in one voice,” Mr. Ban said of the report, the Synthesis Report of the United Nations Intergovernmental Panel on Climate Change. “In Bali, I expect the world’s policymakers to do the same.”

He added, “The breakthrough needed in Bali is for a comprehensive climate change deal that all nations can embrace.”

Although Mr. Ban has no power to enforce members of the United Nations to act, his statements on Saturday increased the pressure on the United States and China, participants here said.

Members of the panel said their review of the data led them to conclude as a group and individually that reductions in greenhouse gases had to start immediately to avert a global climate disaster, which could leave island nations submerged and abandoned, reduce African crop yields by 50 percent, and cause a 5 percent decrease in global gross domestic product.

The panel’s fourth and final report summarized and integrated the most significant findings of three sections of a climate-science review that were released between January and April. Because the data had not previously been reviewed as a whole, scientists said the synthesized report was more explicit, creating new emphasis and alarm.

The first section of the review had covered climate trends; the second, the world’s ability to adapt to a warming planet; the third, strategies for reducing carbon emissions. With their mission concluded, the hundreds of IPCC scientists spoke more freely than they had previously.

“The sense of urgency when you put these pieces together is new and striking,” said Martin Parry, a British climate expert who was co-chairman of the delegation that wrote the second report. “I’ve come out of this process more pessimistic about the possibilities than I thought I would.”

The panel, which was awarded the Nobel Peace Prize last month, said the world would have to reverse the growth of greenhouse gas emissions by 2015 to prevent serious climate disruptions.

“If there’s no action before 2012, that’s too late,” said Rajendra Pachauri, a scientist and economist who heads the IPCC. “What we do in the next two to three years will determine our future. This is the defining moment.”

He said that since the IPCC began its work five years ago, scientists had recorded “much stronger trends in climate change,” like a recent melting of Arctic ice that had not been predicted. “That means you better start with intervention much earlier.”

Saturday’s synthesis report was reviewed and approved by delegates from 130 nations gathered here this week. But unlike the earlier reviews, in which governments had insisted on changes that diluted the reports’ impact, this time scientists and environmental groups said there had been no major dilution of the data.

For example, this report’s summary was the first to acknowledge that the melting of the Greenland ice sheet from rising temperatures could result in a substantive sea-level rise over centuries rather than millennia.

“Many of my colleagues would consider that kind of melt a catastrophe” so rapid that mankind would not be able to adapt, said Michael Oppenheimer, a climate scientist at Princeton University who contributed to the IPCC.

“It’s extremely clear and is very explicit that the cost of inaction will be huge compared to the cost of action,” said Jeffrey D. Sachs, director of Columbia University’s Earth Institute. “We can’t afford to wait for some perfect accord to replace Kyoto, for some grand agreement. We can’t afford to spend years bickering about it. We need to start acting now.”

He said that delegates in Bali should take action immediately where they agree, for example, on public financing for new technologies like capturing emissions of the main greenhouse gas, carbon dioxide, and pumping it underground. He said energy ministers should start a global fund to help poor countries avoid deforestation, which releases greenhouse gases and reduces the uptake of carbon dioxide through photosynthesis.

United Nations officials pointed out that strong policies were needed, like increasing the energy efficiency of cars and setting up carbon markets, a system that essentially forces companies and countries to pay for the cost of the greenhouse gases they emit.

The European Union already has such a carbon trading system in place for many industries, and is fighting to bring airlines into the plan.

“Stabilization of emissions can be achieved by deployment of a portfolio of technologies that exist or are already under development,” said Achim Steiner, head of the United Nations Environment Program.

But he noted that developed countries would have to help poorer ones adapt to climate shifts and adopt cleaner energy choices, which are often expensive.

Mr. Steiner emphasized that the report sent a message to individuals as well as world leaders: “What we need is a new ethic in which every person changes lifestyle, attitude and behavior.”

Meanwhile, the Bush administration’s reaction to the report was muted. At a news conference Friday night after the report was approved, James L. Connaughton, the chairman of the president’s Council on Environmental Quality, said President Bush had agreed with leaders of the other major industrialized nations that “the issue warrants urgent action, and we need to bring forward in a more accelerated way the technologies that will make a lasting solution possible.”

He declined to say how much warming the administration considered acceptable, saying, “We don’t have a view on that.”

Mr. Connaughton acknowledged that the United States, like other nations, had tried to make some changes to the draft. Dr. Sharon L. Hays, the leader of the American delegation here, said the goal was not political but “to make sure the final report matches the science.” She noted that the United States had invested $12 billion in climate research since 2001.

Stephanie Tunmore, a member of Greenpeace International who had observer status as the countries debated the text, questioned that explanation.

She said, for example, that the United States had tried to remove a section of the report titled “Reasons for Concern,” which listed consequences of climate change that are either likely or possible. One was the melting of ice sheets, which the panel said could take place more rapidly than previously thought.

The Americans argued that there was no reason to include the section, because all of it was contained somewhere in the previous IPCC technical documents, she said. But the section remained in the report.



The Rosen Law Firm Files Securities Class Action
Class Action | 2007/11/17 09:18

The Rosen Law Firm today announced that it has filed a class action lawsuit on behalf of all purchasers of Industrial Enterprises of America, Inc. ("IEAM" or the "Company") (NASDAQ: IEAM) (formerly IEAM.OB) stock during the period from November 14, 2006 through November 8, 2007 (the "Class Period").

To join the IEAM class action, go to the website at http://www.rosenlegal.com or call Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653 or email lrosen@rosenlegal.com or 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 ALSO REMAIN AN ABSENT CLASS MEMBER.

The case is pending in the United States District Court for the Southern District of New York as case no. 07-CV-10321. You can obtain a copy of the complaint from the clerk of court or you may contact counsel for plaintiffs Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653 or email lrosen@rosenlegal.com or pkim@rosenlegal.com.

The complaint charges that IEAM and certain of its present and former officers, directors, and control persons violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by issuing materially false and misleading statements pertaining to IEAM's business prospects and condition, and filing financial statements with the SEC materially false financial statements.

On November 7, 2007 the Company announced that investors could no longer rely on its historical financial statements and that the Company had not properly followed generally accepted accounting principles, necessitating a revision of reported revenue, among other things. The Company also announced that it had suspended its CFO pending a review. As a result of these events, the Complaint asserts that the price of IEAM stock dropped, damaging investors.

A class action lawsuit has already been filed on behalf of IEAM shareholders. If you wish to serve as lead plaintiff, you must move the Court no later than January 15, 2008. If you wish to join the litigation or to discuss your rights or interests regarding this class action, please contact plaintiff's counsel, Laurence Rosen, Esq. or Phillip Kim, Esq. of The Rosen Law Firm toll free at 866-767-3653 or via e-mail at lrosen@rosenlegal.com or pkim@rosenlegal.com.

The Rosen Law Firm has expertise in prosecuting investor securities litigation and extensive experience in actions involving financial fraud. The Rosen Law Firm represents investors throughout the nation, concentrating its practice in securities class actions.



CBS Asks Court to Dismiss Suit Filed by Rather
Court Watch | 2007/11/17 09:16

CBS filed a motion yesterday seeking the dismissal of a lawsuit by Dan Rather, who says that the network violated his contract by giving him too little to do after it forced him off the evening news in 2005 and that its investigation of the news segment about President Bush’s National Guard service was politically biased.

“This lawsuit is a regrettable attempt by plaintiff Dan Rather to remain in the public eye, and to settle old scores and perceived slights, based on an array of far-fetched allegations,” the network said in a 30-page brief filed in State Supreme Court in Manhattan. The papers represented the network’s first response to the suit Mr. Rather filed on Sept. 19.

Referring specifically to Mr. Rather’s assertion that CBS and its senior executives had sought to do the White House’s bidding in commissioning an incomplete investigation of the National Guard segment, the network said: “CBS and its executives are not now, and never have been, out to get Dan Rather.”

Mr. Rather agreed to step down from the “CBS Evening News” in March 2005, a year earlier than he had planned, after the network said it could not authenticate documents that had been used as evidence in the segment about Mr. Bush’s time in the Air National Guard.

In response to arguments that CBS gave Mr. Rather insufficient airtime after he left the “CBS Evening News” — first on the weeknight edition of “60 Minutes” and later on the flagship Sunday edition — the network cited a “pay or play” clause in his contract. “As long as Rather was paid the specified compensation, CBS had no obligation to give him any on-air exposure,” the network said.

In an accompanying statement, the network called Mr. Rather “one of the most important figures in the history of journalism” and said it was “mystified and saddened” by the suit.

A spokesman for Mr. Rather’s lawyers released a statement last night that said: “It is unfortunate that CBS is trying to delay discovery of the facts and a trial of Dan’s claims. We are confident the court will reject these tactics and allow the case to go forward.”



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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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