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EU court rejects Akzo confidentiality complaint
Business | 2007/09/16 04:20

The European Union's second highest court on Monday dismissed Akzo Nobel's complaint against the European Commission over seized documents the firm claimed were covered by lawyer-client confidentiality. The Commission raided the Dutch chemical group's offices in Manchester, Britain, in 2003 in a price-fixing investigation and took documents that Akzo said were protected by legal professional privilege.

The Court of First Instance of the European Communities ruled that the Commission had committed an infringement by forcing Akzo and subsidiary Akcros Chemicals to allow investigators a cursory look at documents and by not allowing them to contest the action.

However, it added: "The Court concludes that the infringements on the part of the Commission ... did not result in unlawfully depriving them of (lawyer-client) protection in respect of those documents, since, as has been held, the Commission did not err in deciding that none of those documents in fact fell within the scope of that protection."

The firms can appeal against legal points of the ruling.

A spokesman for Akzo said it would study the ruling and could not say whether it would appeal.



CNET says SEC ends stock investigation
Business | 2007/09/05 02:34

CNET Networks said Tuesday that the Securities and Exchange Commission ended an inquiry into the company's stock option grants.

Regulators won't take any action against San Francisco-based CNET, which is a media company.

CNET's founder Shelby Bonnie quit as chairman and CEO last October -- on the same day the company said it had back dated some stock options grants between its 1996 IPO and 2003.

The costs of the ensuing stock options investigation and related litigation cost CNET Networks $2.9 million in the second quarter, ended June 30, and pushed it to a $76,000 loss.

CNET's loss would have been greater but for a $1.6 million gain on private investments, which partially offset the costs of its stock options investigation.

Neil Ashe, Bonnie's replacement as CEO, said it was a "transition year" for his company.



Law firm files investor lawsuit against Motorola
Business | 2007/09/01 23:06

Another law firm has filed an investor suit against Motorola Inc., claiming executives didn’t tell the market how bad things were last fall as sales began to slow.

Schiffrin Barroway Topaz & Kessler LLP filed suit last Wednesday in U.S. District Court for the Northern District of Illinois on behalf of investors who bought Motorola shares between July 19, 2006, and Jan. 4.

Motorola’s shares peaked at $26.30 on Oct. 13. On Monday, the stock price was below $17 per share.

The suit claims Motorola did not disclose problems with its product line and geographic challenges in Europe that led it to miss its forecasts in the third and fourth quarters.

Named in the suit are CEO Edward Zander; Ron Garriques, former head of mobile devices; David Devonshire, former chief financial officer; Greg Brown, then-executive vice-president of networks; Daniel Moloney, president of connected home solutions; Richard Nottenburg, chief strategy officer; and Padmasree Warrior, chief technology officer.

“We will vigorously defend ourselves against these claims,” a Motorola spokeswoman said.

Executives, excluding Mr. Zander, sold more than $26 million worth of stock during the period, according to the suit.

The Schiffrin law firm is based in Radnor, Pa. Last month, the law offices of Bernard Gross, based in Philadelphia, and Brodsky & Smith of Bala Cynwyd, Pa., each filed suit, also seeking class-action status.



Roche wins U.S. motion in Ventana bid battle
Business | 2007/08/23 06:21

A U.S. court has granted Roche Holding AG's motion for a preliminary injunction to prevent Ventana Medical Systems Inc. from applying an Arizona anti-takeover law to defend itself against Roche's $3 billion hostile takeover bid. The motion was granted by the United States District Court for the District of Arizona, Swiss drugmaker Roche said on Wednesday.

Roche is seeking to acquire Tucson, Arizona-based Ventana, which makes diagnostic tests, for $75 a share. Ventana had wanted to apply an Arizona law that makes it harder for companies to be bought, but the judge ruled that it could not use that law, Roche said.

In a separate case, Roche is also contesting a so-called poison pill defense by Ventana, which would give Ventana shareholders rights to buy new shares at half price if Roche acquires 20 percent of the company.

Roche said on Tuesday it extended by four weeks the expiry of its tender offer to September 20 from August 23.



TD Ameritrade, E-Trade hold merger talks
Business | 2007/08/22 06:18

Online brokerage giants TD Ameritrade Holding (AMTD) and E-Trade Financial (ETFC) have been holding talks for weeks about a possible merger, The Wall Street Journal reported Wednesday.
The discussions currently are focused on making sure both companies agree on strategy, and the companies aren't yet close to a deal, the Journal reported, citing unnamed people familiar with the matter.

A spokeswoman for E-Trade said the firm's management team believes there is "tremendous value in consolidation that aligns business strategy and operational synergies and will do what is in the best interest of its customers." A spokeswoman for Omaha-based Ameritrade said the company has talked to and continues to talk to industry peers.

The companies previously have discussed an alliance but never reached a deal. This time, however, there is the added pressure of two hedge funds with big stakes in Ameritrade that have publicly urged the two companies to talk.

Jana Partners and S.A.C. Capital Advisors, which claim to collectively own 8.4% of Ameritrade shares, have been urging Ameritrade to join forces with a major competitor such as E-Trade or Charles Schwab (SCHW) in the interests of the majority of shareholders.



U.S. Fed pumps $3.5 bln into financial market
Business | 2007/08/20 11:44
The U.S. Federal Reserve on Monday pumped 3.5 billion dollars into the financial system to help beat back a widening credit crisis. The injection was announced by the Federal Reserve Bank of New York, which handles such operations for the Fed. Since Aug. 9, the Fed has injected a total of 97.5 billion dollars into the financial markets to ease tightening credit stemming from the troubles in the U.S. subprime mortgage market, which offers loans to people with lower credit and income.

On Friday, the U.S. central bank approved a half-percentage point cut in its discount rate on loans to banks to "promote the restoration of orderly conditions in financial markets."

The decision means the discount rate, the interest rate that the Fed charges to make direct loans to banks, will be lowered to 5.75 percent from 6.25 percent.

But the Fed did not change its target for the more important federal funds rate, the interest commercial banks charge each other on overnight loans. The benchmark interest rate has remained at 5.25 percent for more than a year.

In the statement announcing the interest rate cut, the Fed said it "is monitoring the situation and is prepared to act as needed to mitigate the adverse effects on the economy arising from the disruptions in financial markets."     



US court OKs Dura sale of Atwood unit, equity plan
Business | 2007/08/17 06:23

Dura Automotive Systems Inc. has received U.S. Bankruptcy Court approval for the $160.2 million sale of its Atwood Mobile Products unit and an equity plan with Pacificor LLC to support its reorganization.

Dura, which filed for bankruptcy in October 2006 in Delaware, announced the approvals late on Wednesday. It expects to emerge from court protection in the fourth quarter.

The agreement with Pacificor provides a $140 million to $160 million commitment and would make Dura a privately held company upon its emergence from Chapter 11, with protections for minority shareholders, Dura said.

Several parties objected to an earlier equity plan led by Pacificor, but Dura filed an amended agreement earlier this week to address the objections.

Private equity firm Insight Equity is acquiring the Atwood unit from Rochester Hills, Michigan-based Dura. Atwood is based in Elkhart, Indiana.



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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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