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Federal emissions law urged by business-NGO
Legal Business | 2007/01/23 07:41

A coalition of businesses and environmental groups on Monday called for federal legislation to limit emissions of carbon dioxide and other greenhouse gases. In a letter to President Bush a day before his State of the Union Address, the US Climate Action Partnership (USCAP) advocated a "cap and trade" system, in which companies whose emissions exceed mandatory limits could buy credits from companies that produce less pollution. "This approach will ensure emission reduction targets will be met while simultaneously ... stimulating investment and innovation in the technologies that will be necessary to achieve our environmental goal," USCAP wrote in A Call for Action, a 16-page report released by the group Monday. Specifically, USCAP recommended that Congress set short-term and long-term targets for cutting emissions, ranging from a 10 percent reduction within 10 years to as much as 80 percent by 2050.

Scientific research suggests that man-made greenhouse gases contribute to global warming. USCAP's 14 members include large corporations such as Alcoa, BP America, DuPont and General Electric as well as the Natural Resources Defense Council, the Pew Center on Global Climate Change and the World Resources Institute [advocacy websites]. Its report is the culmination of a year-long effort. White House press secretary Tony Snow responded to the USCAP proposal  during his daily briefing, noting that although Bush opposes mandatory CO2 limits, he will discuss alternatives to fossil fuels in his address to Congress on Tuesday. AP has more. C-SPAN has recorded video of the USCAP press conference.



Enron Law Firm to Pay $18M
Legal Business | 2007/01/23 02:45


Texas law firm Andrews Kurth will pay Enron's estate $18.5 million to settle potential malpractice claims stemming from legal advice the firm allegedly offered concerning the energy giant’s asset transactions.

"We have continuously denied wrongdoing and culpability with respect to our work for Enron," Andrews Kurth managing partner Howard Ayres said in a statement. "We felt, though, after the passage of five years, that it was expedient to enter into the settlement to put this matter behind us."

While the estate never officially sued the law firm for allegedly signing off on improper deals, a court-appointed bankruptcy examiner has written in reports that the firm may have committed malpractice in approving 28 transactions that involved asset transactions allegedly disguised as sales. Classifying the transactions in such a manner could have allowed Enron to falsely boost its cash flow.

Last year, another Houston-based law firm -- Vinson & Elkins -- settled bankruptcy-related litigation for $30 million. The bankruptcy examiner had alleged that Vinson & Elkins may have committed malpractice by failing to respond to red flags about Enron’s accounting practices.

Both law firms neither admitted, nor denied, wrongdoing or liability in agreeing to the settlements.

A federal bankruptcy judge must approve Andrews Kurth’s deal.



Prosecutor in Apple Case Joins Law Firm
Legal Business | 2007/01/21 14:20

Christopher J. Steskal, a lead prosecutor of a federal task force investigating the backdating of stock options at Apple Inc. and other companies, is leaving his San Francisco post to join a law firm, the United State Attorney’s office in San Francisco confirmed late Friday.

Mr. Steskal’s decision follows the recent resignation of his boss, United States Attorney Kevin V. Ryan.

Mr. Steskal also was the lead prosecutor in the government’s case against Gregory L. Reyes, the former chief executive of Brocade Communications Systems.

Mr. Steskal, who was to try Mr. Reyes’s case in June in San Francisco, is the second of five assistant United States attorneys on the task force to leave since its formation in July. He said he would join the San Francisco office of Fenwick & West within 30 days.

William J. Portanova, a criminal defense attorney and former federal prosecutor, said that he believed that the Brocade case would not suffer, no matter who is picked to succeed Mr. Steskal.

“The government has people stacked up ready to pick up the case and run with it,” he said.

Luke Macaulay, a spokesman for the United States Attorney’s office in San Francisco, said that one of two prosecutors the office is planning to hire would replace Mr. Steskal on the task force.



Klein to join law firm BLG as business adviser
Legal Business | 2007/01/19 17:01

Less than a week after leaving provincial politics, former Alberta premier Ralph Klein has joined a top law firm to advise clients on business opportunities in the booming province.

Ralph Klein, the former Alberta premier whose grip on office earned him the sobriquet King Ralph, has gone from reigning to making rain.

The one-time TV reporter and high-school dropout announced yesterday he is joining national law firm Borden Ladner Gervais LLP as senior business adviser, just one month after resigning as premier and three days after relinquishing his seat in the Alberta Legislative Assembly.

Although not licensed to practise law, Mr. Klein says he will act as a resource for BLG lawyers working on files of key personal interest, such as energy development, health care reform and the evolution in securities law, among other things -- "although I need to bone up a bit on securities legislation."

Klein will devote about spend two-thirds of his time to the law firm and be based out of its Calgary office.

He is working with former Newfoundland premier Brian Tobin to develop an energy policy for the Fraser Institute and he’s joining another conservative think-tank, the Manning Centre for Building Democracy.

Klein will be a guest lecturer in the fall at the prestigious Woodrow Wilson International Center for Scholars in Washington, D.C. The former premier also has commitments to be executive in residence at the University of Alberta, and chair of communications at Calgary’s Mount Royal College.



Secret Court to Govern Wiretapping Plan
Legal Business | 2007/01/17 13:37

The Justice Department, easing a Bush administration policy, said Wednesday it has decided to give an independent body authority to monitor the government's controversial domestic spying program.

In a letter to the leaders of the Senate Judiciary Committee, Attorney General Alberto Gonzales said this authority has been given to the Foreign Intelligence Surveillance Court and that it already has approved one request for monitoring the communications of a person believed to be linked to al-Qaida or an associated terror group.

The court orders approving collection of international communications _ whether it originates in the United States or abroad _ was issued Jan. 10, according to the two-page letter to Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa.

"As a result of these orders, any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court," Gonzales wrote in the letter, a copy of which was obtained by The Associated Press.

"Accordingly, under these circumstances, the President has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires," the attorney general wrote.

The Bush administration secretly launched the surveillance program in 2001 to monitor international phone calls and e-mails to or from the United States involving people suspected by the government of having terrorist links.

The White House said it is satisfied that the new guidelines meet its concerns about national security.

"The Foreign Intelligence Surveillance Court has put together its guidelines and its rules and those have met administration concerns about speed and agility when it comes to responding to bits of intelligence where we may to be able to save American lives," White House press secretary Tony Snow said.

Snow said he could not explain why those concerns could not have been addressed before the program was started. He said the president will not reauthorize the present program because the new rules will serve as guideposts.



Tampa law firm faces contingency fees lawsuit
Legal Business | 2007/01/13 16:49

A Tampa law firm that has garnered millions of dollars in neglect and abuse settlements and lawsuits against nursing homes in Florida and around the country is now on the defense end of a suit that contends the firm knowingly violated Tennessee law regarding contingency fees.

The lawsuit against the firm, Wilkes & McHugh, was filed in December in U.S. District Court in the Western District of Tennessee.

Plaintiff Debbie Howard hired the firm several years ago to sue a Memphis nursing home in the death of her grandmother for medical negligence, according to the 38-page complaint.

The class-action claim states Wilkes & McHugh engaged in an unlawful scheme to collect 40 percent or 45 percent in contingency fees of settlement amounts, although Tennessee law caps fees to 33 and 1/3 percent in medical malpractice cases. The complaint says the law firm charged the higher and unlawful contingency fee to hundreds of clients in Tennessee.

“Although it has never actually tried any of these nursing home lawsuits in Tennessee, defendant Wilkes & McHugh has reaped tens of millions of dollars in legal fees from settlements ... paid by nursing home defendants to their Tennessee clients during the Class period,” according to the complaint.



Supreme Court to review light cigarette dispute
Legal Business | 2007/01/12 19:31


The US Supreme Court Friday granted certiorari in four cases, including one that will determine if tobacco companies are protected from judgments in state courts on the grounds that cigarettes are federally regulated. The appeal, Watson v. Philip Morris, Cos. (05-1284), was filed by two Arkansas women who found their state court case against Phillip Morris for advertising claims of low tar and nicotine in “light” cigarettes, being removed to federal jurisdiction. Phillip Morris argued that the “unprecedented, detailed, and direct control” exerted by the Federal Trade Commission over cigarette advertising made the company a “person acting under” a federal officer, and convinced the US Eighth Circuit Court of Appeals that removal on those grounds were justified.


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