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South Korea's KOSPI index rises to record high
World Business News | 2007/04/04 19:23

South Korea's benchmark Korea Composite Stock Price Index (KOSPI) rose by 19.66 points to a record high of 1,483.41 on Wednesday.

The volume of the KOSPI was moderate at 347.3 million shares worth 4.49 trillion won (4.79 billion U.S. dollars).

The rises are mainly driven by foreign investors' buying of tech and financial shares on overnight rallies in U.S. markets, analysts said.

On Wednesday, tech shares led the market's advance. Industry leader Samsung Electronics increased by 3.66 percent to 595,000 won on reports that its business will likely improve thanks to a rebound in computer memory chips. The Hynix Semiconductor also rose 2.11 percent to 33,800 won.

The local currency closed at 936.3 won to one U.S. dollar, up 0.4 won from Tuesday's close.



Sinclair Oil, Managers Sentenced for Environmental Crimes
Environmental | 2007/04/04 16:28

Sinclair Tulsa Refining Company, a subsidiary of major oil and gasoline producer Sinclair Oil, and two company managers, were sentenced today for environmental crimes related to the operation of the Tulsa Refinery. The court ordered Sinclair to pay a $5 million criminal penalty and to make a community service payment of $500,000 to the River Parks Authority, which strives to maintain, preserve and develop the Arkansas River and adjacent lands for the economic and cultural benefit of the community, and to promote public use along the river. Sinclair was also sentenced to two years of probation. Harmon Connell and John Kapura, both former managers, were each sentenced to serve six months of home detention and three years of probation for felony violations of the Clean Water Act (CWA). In addition, Connell was ordered to pay a $160,000 fine and to serve 100 hours of community service. Kapura was ordered to pay an $80,000 fine and to serve 50 hours of community service. The sentences were imposed by U.S. District Judge Claire V. Eagan for the Northern District of Oklahoma.

Sinclair, and refinery managers Kapura and Connell, previously admitted to knowingly manipulating the refinery processes, wastewater flows, and wastewater discharges to result in unrepresentative wastewater samplings during mandatory testing required under the National Pollutant Discharge Elimination System (NPDES) permit program. The manipulated samplings were intended to influence analytical testing results reported to the Oklahoma Department of Environmental Quality (ODEQ) and the Environmental Protection Agency (EPA).

"Companies and their employees have a legal obligation to abide by the laws that protect our rivers and waterways from the harmful effects of pollution," said Matthew J. McKeown, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "The Justice Department will continue to prosecute companies who fail to comply with the laws that protect our environment from illegal pollution."

"Accurate information is essential for EPA to assure compliance with environmental regulations," said Granta Nakayama, EPA's Assistant Administrator for Enforcement and Compliance Assurance. "By falsifying wastewater sampling results, Sinclair undermined our efforts to protect the public and the environment."

"The investigation and prosecution of Sinclair Tulsa Refining Company should make it clear that corporations and their employees must play by the rules," Oklahoma Attorney General Drew Edmondson said. "Today's sentences protect Oklahoma from future pollution, and it provides money for the Tulsa River Parks Authority. My hope is that the money will be used so we can enjoy this precious natural resource for generations to come."

According to the criminal information and plea agreement filed on December 13, 2006, between January 2000 and March 2004, the Sinclair refinery discharged an average of 1.1 million gallons of treated wastewater per day into the Arkansas River. Under the CWA, Sinclair was permitted to discharge treated wastewater into the Arkansas River, pursuant to certain limitations and conditions, which include scheduled monitoring and required sampling during weekdays. According to the information, on numerous occasions in 2002 and 2003, Sinclair directed employees to limit wastewater discharges in order to manipulate the result of required bio-testing. During monitoring periods, Sinclair, by way of its employees, reduced flow rates of wastewater discharges to the river, and diverted more heavily contaminated wastewater to holding impoundments, among other means of ensuring that they had passed the tests.

Sinclair Oil Corporation is a privately owned oil refinery located in Tulsa, Okla. Although the refinery is headquartered in Salt Lake City, it is incorporated in the state of Wyoming. Sinclair has owned and operated the Tulsa refinery since 1983.

The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division and the Oklahoma Attorney General's Environmental Protection Unit. The case was prosecuted by the Environmental Crimes Section of the Justice Department's Environmental and Natural Resources Division and the Northern District of Oklahoma United States Attorney's Office.



The UK Hacker facing extradition to US
Breaking Legal News | 2007/04/04 15:46

The UK hacker behind unprecedented cyberattacks on US military and NASA computer systems in late 2001 and early 2002 lost an appeal Tuesday in the UK High Court to avoid extradition to the US. Last May, a UK judge recommended extradition for Gary McKinnon to face criminal charges in a US court as a cyber-terrorist, allegedly causing $700,000 in damages. UK Home Secretary John Reid quickly approved the extradition recommendation.

McKinnon will apply to have his case heard before the UK House of Lords as one last chance to avoid extradition. If extradited and convicted in US courts, McKinnon may face serving his entire sentence in US prisons because of the cyber-terrorist charges. McKinnon admits that he hacked into US computer systems seeking evidence that the US concealed evidence of UFOs and other "hidden technology," but claims the level of damages asserted by the US is "ridiculous."



Labor organization asks NC to repeal bargaining ban
Labor & Employment | 2007/04/04 12:35

The state of North Carolina is violating international freedom of association labor standards by prohibiting governmental entities from bargaining with unions, according to a decision released Tuesday by the International Labor Organization (ILO), the labor standards branch of the United Nations. North Carolina General Statute section 95-98 states:

Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect. (1959, c. 742.)
The ILO decision, which is not technically binding on North Carolina, requested that North Carolina repeal the statute.

The Public Service Workers Union and its parent union, the United Electrical, Radio and Machine Workers of America (UE), brought the complaint in 2005.



Phillips Lytle LLP Names Karen A. DiNardo as Partner
Legal Careers News | 2007/04/04 12:12

The law firm of Phillips Lytle LLP, a full service law firm with statewide coverage has named Karen A. DiNardo as partner effective immediately.

Ms. DiNardo focuses in the areas of real estate transactions and financing including acquisitions, dispositions, development, secured lending and leasing for commercial, industrial, residential, mobile home and retail projects. She attended Albany Law School of Union University and received her B.S., magna cum laude, from Niagara University. Ms. DiNardo is a member of the American and Monroe County Bar Associations and serves as membership committee co-chair of the Real Property Section of the New York State Bar Association. A resident of Webster, she is also a member of the Women's Council of Realtors.

Phillips Lytle is a full-service law firm with seven offices across New York State in Rochester, Albany, Buffalo, Chautauqua, Garden City and New York City. With the farthest geographic reach of any law firm in the state of New York, they are well equipped to meet the needs of their clients.



Katten Muchin Rosenman Names 11 New Partners
Law Firm News | 2007/04/04 12:05



The Board of Directors of Katten Muchin Rosenman LLP is pleased to announce that it has elected 11 attorneys to partner.

"This is a group of very talented attorneys," said Vincent A. F. Sergi, the Firm's National Managing Partner. "They have all demonstrated the commitment to professionalism and dedication to client service that we expect of those who advance in the firm, and we look forward to their continued success."

The board selected attorneys from seven practices (Corporate, Commercial Finance, Intellectual Property, Litigation and Dispute Resolution, Real Estate, Tax Planning, Trusts and Estates) across four Firm offices.

In Chicago:

Valentina Famparska, in the Tax Planning Practice, concentrates on federal and state taxation, focusing in venture capital, private equity and emerging growth companies, partnerships, and mergers and acquisitions. Ms. Famparska graduated from Sofia University School of Law, Bulgaria with a law degree and highest honors. In Bulgaria, she practiced for five years in the areas of commercial law, corporate law and taxation. She also worked as a legal advisor for the Bulgarian Ministry of Finance, Department of Taxation. Ms. Famparska received a law degree, magna cum laude, from Loyola University Chicago School of Law.

Brooks T. Giles, in the Corporate Practice, concentrates on private company mergers and acquisitions. He has represented both buyers and sellers in acquisitions, including stock purchases, asset sales, tax-free mergers, and leveraged buyout situations. Mr. Giles also has experience in public and private corporate finance transactions, including registered and 144A debt offerings, registered equity offerings and venture capital financings. His public company experience includes mergers, tender offers, hostile proxy contests and general corporate advice, including poison pills. Mr. Giles received his B.A. from the University of Chicago and holds both a J.D. with honors and an LL.M. from Duke University School of Law.

Derek F. Ladgenski, in the Commercial Finance Practice, concentrates on all aspects of corporate finance, including secured and unsecured senior financing, mezzanine financing, equity co-investments and similar products for a wide variety of lending syndicates and institutional and entrepreneurial finance and corporate clients. He has experience with several distinct lending products, including secured and unsecured asset-based and cash flow loans, debtor-in-possession financings, loans to distressed companies, securitizations, Islamic Shari'ah-compliant loans, real estate-based loan packages, loans to energy and utility companies and secured and unsecured mezzanine loans. Mr. Ladgenski holds a B.S. with distinction and a B.A. from the University of Illinois at Urbana-Champaign and received his J.D., magna cum laude, from the University of Illinois College of Law.

Stephen J. Lombardo, III, in the Corporate Practice, concentrates his work primarily in the areas of private equity/venture capital, mergers and acquisitions and general corporate work. He has worked on a wide range of transactions (valued from $1 million to $15 billion) representing clients in a wide variety of industries including restaurant and food, technology, manufacturing, healthcare, aerospace, and finance. He holds a B.S.B.A. as well as a J.D. from Georgetown University, and is also a CPA.

Eric A. Smith, in the Corporate Practice, focuses his work primarily in private equity and mergers and acquisitions, but also counsels clients in matters related to public and private securities matters. His primary focus is representing private equity funds and their portfolio companies. He has also been involved in providing advice to corporate clients involved in leveraged buyouts, consolidations, restructurings and various other types of corporate transactions, as well as to executives involved in various private equity transactions. Mr. Smith holds a B.S. with honors from the University of Illinois at Urbana-Champaign and a joint J.D., magna cum laude, M.B.A. from the University of Illinois in Champaign.

Philip J. Tortorich, in the Trusts and Estates Practice, concentrates in the areas of tax- and estate-planning matters, primarily representing wealthy individuals and closely-held corporations. His work includes consulting with clients regarding tax-efficient structuring of corporate entities, including C corporations, S corporations, limited-liability companies, limited partnerships, and hybrid-type entities. He also designs trusts that shift the future growth of a client's net worth out of the client's estate while minimizing the exposure to gift taxation. Mr. Tortorich regularly advises clients on structuring personal family investment companies, as well as their philanthropic goals. He holds a B.A. from Loyola University Chicago and a J.D., cum laude, from Loyola University Chicago School of Law.

In Los Angeles:

James J. Thompson, in the Corporate Practice, counsels clients on a wide range of matters including mergers and acquisitions, joint ventures, reorganizations, formation and financing transactions for emerging growth companies, public and private offerings of equity and debt securities, 1933 Securities Act and 1934 Exchange Act compliance and periodic reporting, corporate governance matters and general corporate representation. He advises publicly-traded corporations and privately-held corporations and other business entities, investment banks, commercial banks and other financial institutions. He has represented clients in industries including, technology, e-commerce and the Internet, health care, biotechnology, real estate, gaming, entertainment, education, financial services and consulting sectors. He holds a B.A., magna cum laude, from Georgetown University and a J.D. from the University of Southern California School of Law.

Laurie Cohen Yoo, in the Litigation and Dispute Resolution Practice, concentrates her practice in real estate litigation. Ms. Yoo represents retail shopping center owners, managers, and developers in a wide range of matters including lease enforcement, public access, and disability discrimination (ADA). She regularly counsels clients on shopping center management issues and enforcement of private property interests. She holds a B.A., cum laude, from Pomona College and a J.D. from UCLA School of Law.

In New York:

Julie Pechersky, in the Litigation and Dispute Resolution Practice, focuses on the defense of private and publicly-traded companies and their directors and officers in securities actions, directors' and officers' liability actions, and governmental and regulatory investigations and litigation. She also serves as counsel to companies in internal investigations. Ms. Pechersky has represented clients in a wide range of matters relating to allegations of accounting irregularities and securities fraud. Prior to joining the Firm, Ms. Pechersky clerked for Chief Judge Sylvia Rambo, United States District Court for the Middle District of Pennsylvania. She holds a B.A. with honors from the University of Pittsburgh and a J.D. from New York University School of Law.

Susan Lee Saslow, in the Real Estate Practice, concentrates in all aspects of real estate transactional matters, including commercial acquisitions and dispositions, leasing, real estate finance and development of all types of real properties. Her practice primarily focuses in the areas of conventional and securitized real estate financings. She has extensive experience representing institutional clients and private investors and developers in sophisticated debt and equity financings, advising both borrowers and lenders in complex transactions involving multi-state, multi-property portfolios, mezzanine financings, securitized loan originations, construction loans and loan participations. She holds a B.A. from Wesleyan University and earned her J.D., cum laude, from Albany Law School of Union University.

In Washington:

Justin L. Krieger, in the Intellectual Property Practice, focuses on intellectual property litigation, patent prosecution, and client counseling with a technical background in chemistry. Mr. Krieger concentrates on patent litigation and has participated in all phases of patent litigation including discovery, trial and appeals. As a registered patent attorney, Mr. Krieger is also actively involved in prosecuting patent applications in the chemical engineering, metallurgical, nanotechnology, medical device, mechanical, consumer products, business method and software technology fields. He has extensive experience prosecuting domestic and international patent applications including reexamination and reissue applications. He has also provided numerous non-infringement and validity opinions in the chemical, polymer and mechanical arts from both due diligence and litigation perspectives. Mr. Krieger received a B.S. in Chemistry from the College of William and Mary and his J.D. from the University of Florida College of Law.

Katten Muchin Rosenman LLP is a full-service law firm with offices in the nation's largest centers of business, government, finance and technology and an affiliated entity in London. With over 650 attorneys in more than 40 areas of practice, Katten provides timely and cost-effective counsel to clients in numerous industries. Katten provides advice for a wide range of public and private companies - from entrepreneurial, emerging-growth, and middle market firms to global Fortune 100 corporations - as well as government entities, institutions of higher learning, museums and a host of other charitable and cultural organizations.

http://www.kattenlaw.com



Hunton & Williams LLP hires new attorneys in Dallas
Law Firm News | 2007/04/04 11:51



Hunton & Williams LLP today announced it has added 93 new lateral attorneys which significantly grows the firm’s presence in Texas. The attorneys joined from Jenkens & Gilchrist’s offices in Dallas, Austin, and Houston. Of those joining, 87 will be in Dallas, five in Austin, and one in Houston. The firm will open a new Austin office.

With these additions, Hunton & Williams will have nearly 1,000 lawyers in 19 offices worldwide and will be one of the largest non-Texas-based law firms in Dallas. The Dallas office will grow from 70 lawyers to 157.

The attorneys are enlarging the following practice areas: financial institutions, corporate, financial services, real estate, litigation, bankruptcy, tax, and estate planning.

http://www.hunton.com



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