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Texas gas prices continue to rise
World Business News | 2007/03/16 11:51

Retail gasoline prices rose in Texas this week for the sixth week in a row.

But the weekly AAA Texas gas price survey released today finds the upward trend slowed this week.

The statewide average price for regular-grade gasoline rose 3 cents this week to $2.41 per gallon. That's after an 11 cent increase the week before. Nationally, the price average rose 4 cents per gallon to $2.55 per gallon.

Auto club spokeswoman Rose Rougeau says strong consumer demand, a relatively high crude oil price and seasonal refinery conversions to warm-weather blends are behind the price spikes.

The most expensive regular-grade gasoline is in Amarillo, where the average price rose five cents this week to $2.51 per gallon. Drivers are paying an average of $2.40 a gallon in Austin and San Marcos. The cheapest gas is in Corpus Christi, where it rose a penny to $2.32 per gallon.



Nursing home lawsuit involves Inland facilities
Breaking Legal News | 2007/03/16 10:57

A Long Beach attorney has sued a national nursing home corporation, which owns three Inland area facilities, claiming residents did not receive adequate care as they were promised.

Stephen Garcia said Friday that he filed the lawsuit on behalf of more than a dozen residents of 13 Life Care Centers of America located in Southern California. The lawsuit was filed Thursday in Orange County Superior Court on behalf of a woman who was a resident at Lake Forest Nursing Center, which is a Life Care Centers facility in Lake Forest.

Garcia said he might ask a judge to certify the lawsuit for class-action status, which could include thousands of Life Care Centers residents.

Life Care Centers of America, based in Cleveland, Tenn., owns more than 260 centers in 28 states, according to its Web site. No one there could be reached Friday.

Mark Krueger, Life Care's regional vice president in Corona, also could not be reached.

Life Care Centers' Inland area facilities are in Barstow, Corona and Sun City. Garcia did not immediately know the names of residents in those facilities who are part of the lawsuit.

Garcia said he wants an independent monitor to be appointed to oversee the nursing homes to make sure residents get appropriate care.

"We'll drop the lawsuit if they agree to get an independent monitor," he said. "We already sent a lengthy letter, and they ignored it."

Garcia claims Life Care Centers facilities provides residents substandard care and violates their rights. The corporation promises specific medical and therapeutic care but does not do so, he said.

Garcia claims the corporation shortchanges residents on care so it can keep more of its profits.

"The problem is the facilities don't have the staff to meet the needs of the residents," he said. "There's nothing wrong with making a fair profit. But this is a moneymaking bonanza."

Garcia said Life Care Centers facilities have been "unpoliced" because the California Department of Health Services, which regulates nursing homes, does not have time to inspect them.

Department spokesman Mike Bowman said he could not comment because he had not seen Garcia's lawsuit.

The U.S. Department of Health and Human Services' Web site shows Life Care Center of Corona was last inspected Dec. 23, 2005. Sun City Convalescent Center last was inspected Oct. 5, 2006. Rimrock Villa Convalescent Center in Barstow last was inspected April 13, 2006.

"We need to get someone in there to look after these people," Garcia said. "We're talking about our mothers, fathers, grandfathers and grandmothers."



Rove, Gonzales discussed firings, e-mails show
Breaking Legal News | 2007/03/16 08:16

White House advisor Karl Rove originally suggested firing all 93 US Attorneys in January 2005, according to an email conversation released by the US Department of Justice Thursday. The e-mails appear to contradict the White House's assertion Tuesday that the idea to comprehensively dismiss US Attorneys first came from former White House counsel Harriet Miers.

In an email from Kyle Sampson at the Justice Department to US Attorney General Alberto Gonzales, former-deputy White House Counsel David Leitch and Colin Newman of the White House Counsel's Office, Sampson said that Rove had asked whether the administration planned to fire all US attorneys.

Sampson said that the White House Counsel's Office planned to fire "underperforming" attorneys, further stating that the majority of US Attorneys are "are doing a great job, are loyal Bushies." The emails also reveal that Gonzales discussed the firings several weeks before he was confirmed as attorney general.



German court: Anti-Nazi swastika OK
International | 2007/03/16 08:15

A German court has ruled that it is legal to sell anti-Nazi T-shirts that use the swastika.

A lower court had ruled that Jurgen Kamm, who runs a business called "Nix Gut" or "Nothing Good," was in violation of a law against displaying the swastika, giving the Hitler salute or wearing Nazi uniforms. He was fined almost $5,000.

Kamm, who describes himself as left-wing, sells T-shirts, badges and bumper stickers that bear a swastika with a red slash through it or show someone putting a swastika in a garbage can.

The Federal Court of Justice in Karlsruhe found that his wares "clearly and unambiguously" carry an anti-Nazi message, Deutsche Welle reported.



Detroit Man Sentenced for Child Prostitution
Court Watch | 2007/03/16 08:15

Robert Lewis Young of Detroit was sentenced today to 25 years in federal prison for running a criminal operation prostituting adults and children, Assistant Attorney General Alice S. Fisher of the Criminal Division and Stephen J. Murphy, U.S. Attorney for the Eastern District of Michigan announced.

Following the 25-year sentence in federal prison, Young will face five years of supervised release for operating a prostitution ring spanning from Michigan to Hawaii. Young recruited and directed females – including minors – to engage in prostitution. Young transported women and children and facilitated their transportation across state lines by car and airplane. Young reaped substantial financial benefit and laundered the proceeds of his illegal prostitution activities with the help of co-conspirators.

Young’s sentencing comes after his plea of guilt to 26 offenses including sex trafficking of children, sex trafficking by force, fraud or coercion, transportation of a minor for criminal sexual activity, transportation for prostitution, sexual exploitation of children, possession and interstate distribution of child pornography, threatening interstate communications, possession with the intent to distribute marijuana, felon in possession of a firearm, money laundering, and use of an interstate facility in aid of racketeering. In addition, Young was also convicted of producing and distributing child pornography for his use on a Web site to advertise the availability of his prostitutes including a 17-year-old-girl he exploited.

As part of his sentence, Young was also ordered to forfeit property gained through and used in furtherance of his crimes including computer equipment, furs, clothing, jewelry, electronics and cash.

Young’s co-conspirators have also been convicted of their role in the prostitution operation. Young’s Honolulu associates, Mark Luke White and Hae Sun Kim face sentencing later this year. Jeffrey McCoy, one of Young’s co-defendants pleaded guilty and was sentenced in Hawaii earlier this year. A second Detroit associate, George Abro, who laundered the proceeds and assisted in the prostitution ring, pleaded guilty to federal offenses in October 2006 and will be sentenced later this year as well. A Chicago dentist, Dr. Gary Kimmel, is under indictment and charged with financial offenses related to his support of Young's organization and is scheduled for trial in September 2007.

The investigation is being conducted by the FBI, Michigan State Police, U.S. Postal Inspection Service, IRS, the Detroit Major Crimes Task Force, the Detroit Police Department, and the Macomb County Enforcement Team.

In Hawaii, the investigation was led by the Internet Crimes Against Children Task Force comprised of members from the State Attorney General’s Office, the FBI, Immigration and Customs Enforcement (ICE), the U.S. Postal Inspection Service, and the Honolulu Police Department with substantial assistance from Assistant U.S. Attorney Wes Porter of the District of Hawaii.

The case is being prosecuted by Trial Attorney Kayla Bakshi of the Child Exploitation and Obscenity Section (CEOS) of the Department of Justice’s Criminal Division and Assistant U.S. Attorney John O’Brien of the U.S. Attorney’s Office for the Eastern District of Michigan and Assistant U.S. Attorney Wes Porter for the District of Hawaii. In the spring of 2003, the Violent Crimes and Major Offenders Section of FBI headquarters, in partnership with CEOS and the National Center for Missing & Exploited Children, initiated the Innocence Lost Initiative, designed to address the growing problem of children forced into prostitution. To date, the Innocence Lost Initiative has resulted in 275 open investigations, 697 arrests, 160 informations or indictments, and 136 convictions in the federal and state systems.



Conn. Woman Pleads Guilty for Human Trafficking
Court Watch | 2007/03/16 08:15

Shanaya Hicks of Hartford, Conn., pleaded guilty today to five counts related to her role in a sex-trafficking ring that involved minors. Hicks is the eighth of ten defendants to plead guilty to federal charges in this case. On August 8, 2006, Hicks, along with nine other co-defendants, was charged in a 64-count superseding indictment. Hicks, and two additional co-defendants were also charged with the sex trafficking of minors and sex trafficking by force, fraud and coercion. Specifically, Hicks has pleaded guilty today to two counts of sex trafficking of minors; two counts of sex trafficking adult women through force, fraud or coercion; and conspiracy to use interstate facilities to promote prostitution. In her plea agreement, Hicks has admitted to causing two juveniles to engage in prostitution and causing two adults to be held in prostitution through fraud and coercion.

Hicks waived her right to jury trial in open court before U.S. District Court Judge Christopher Droney. She faces a maximum penalty of up to life in prison and a fine of up to $1.25 million. “Sex trafficking is an abhorrent crime that too often occurs in our own backyards, and too often victimizes children,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “It is a top priority of the Justice Department to root out and prosecute those who so ruthlessly victimize others.”

“The charges to which this defendant admitted her guilt clearly show that prostitution is not a victimless crime,” said, Kevin J. O’Connor, U.S. Attorney for the District of Connecticut. “The federal government is committed to prosecuting sex trafficking crimes, particularly when minors are abused and women are forced to commit sexual acts against their will and under the threat of violence.”

Human trafficking prosecutions are a top priority of the Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys’ Offices, has increased by six-fold the number of human trafficking cases filed in court.  In 2006, the Department obtained a record number of convictions in human trafficking prosecutions. The case is being investigated by the Federal Bureau of Investigation, the Hartford and Windsor Police Departments, and the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorney Jim Genco and Andrew J. Kline of the Department of Justice’s Civil Rights Division.



The Key Number Is Net Income per Lawyer
Legal Business | 2007/03/16 08:13

The only number that is down for Stevens & Lee's 2006 financial performance is its hours billed, as the firm posted double-digit increases in revenue and profit.

The firm saw a 10.3 percent increase in gross revenue, from $102 million in 2005 to $112.5 million in 2006.

The revenue per lawyer grew by 14.8 percent, from $610,000 in 2005 to $700,000 in 2006. The profits per equity partner increased by 16 percent, from $655,000 in 2005 to $760,000 in 2006.

Stevens & Lee has a small non-equity tier, with 13 of the 161 attorneys in 2006 falling into that category. Managing partner Joseph M. Harenza said only about five of those attorneys are income partners, while the others are senior counsel or something similar. Of the attorneys, 99 were equity partners, dropping from 103 in 2005. The average compensation for all partners rose from $635,000 in 2005 to $700,000 in 2006.

Harenza attributes the firm's overall growth to an increase in revenue through a focus on specialized legal work and a simple cost-containment strategy. He said this is the 10th straight year the Reading, Pa.-based firm has seen improved financial results.

The statistic the firm places the most emphasis on, Harenza said, is one The American Lawyer does not calculate for its Am Law survey.

The firm calls it the net income per lawyer, and calculates the number by subtracting expenses from the total revenue with the exception of attorney compensation, Harenza said. The firm reported that number at $557,000, compared to 2005's net income per lawyer of $479,000.

Altman Weil consultant Bill Brennan said his firm looks to RPL and the net income per lawyer as the two most important indicators of a firm's financial health.

Stevens & Lee reported a 69 percent return on the dollar to its partners and an 80 percent return to its lawyers for 2006.

Of the $112.5 million in gross revenue, $75.5 million went to equity partner compensation and another $3 million went to non-equity partners.

There are about 40 nonlawyer professionals in the firm that are paid as employees, Harenza said.

Brennan said the percent return on the dollar for partners could often be a very misleading number because the fewer equity partners there are, the higher the return is for each of them. That isn't the case with Stevens & Lee, which has a much lower leverage than many Am Law 200 firms with about 0.62 non-equity attorneys to every equity partner. For all intents and purposes, non-equity partners and of counsel are counted as associates when calculating leverage.

Harenza said Stevens & Lee's model is different than several other firms when it comes to increasing revenue and profits. His firm, he said, focuses on upping revenue per lawyer and lowering expense per lawyer and then doles out the remaining profits to each attorney tier. Other firms, he said, take what revenue they have left and figure out which attorney fits into which tier.

Harenza said the firm would be able to put its PPP over $1 million if it moved to a 2-to-1 leverage, and up to $1.25 million at a 3-to-1 leverage. Brennan said there is validity to that argument because if the lower paid partners were made associates, the average of the higher paid equity partners would naturally increase.

"Many law firms 'manage' their profits per partner statistic by defining who is an equity partner," he said.

Unsophisticated readers of the Am Law 100, he said, could be easily deceived by that statistic.

A big part of why Stevens & Lee has been able to remain so profitable with low leverage traditionally had to do with its choice of locale. Based in Reading, the firm has offices in places like Pennsylvania's Lancaster, Scranton, Valley Forge and Wilkes-Barre. Harenza said location is no longer the only factor in cost containment.

In the last few years, the firm has opened offices in more expensive markets like Princeton, N.J., Philadelphia and New York City.

Harenza said the expense per attorney in 2003, before the Princeton and New York offices opened, was about $96,000. After the launch of the Princeton office, the cost went up to $101,000, and up even further to $120,000 once the New York office was opened, he said.

In order to combat those rising costs, Harenza said he continues to invest in technology to lower the need for support staff and continues to strive for higher-end work to increase revenue.

Harenza said the firm saves on expenses by centralizing its marketing and technology teams into one office as opposed to having a representative from each group in every office, as many large firms do.

He said large firms with offices all over the world are going to start moving in the direction of centralized support functions.

Stevens & Lee is spending money on technology training in order to reduce costs in the long run, and is working on the demographics of the firm. Harenza said the firm is seeing some of the more senior attorneys migrate out and has a need for first- and second-year associates and fifth- to eighth-year associates.

Harenza said he is trying to make every lawyer specialize in an industry segment and possibly in a sub-specialty with the hopes of commanding higher rates.

"My job is to get higher yield and rates from clients," he said.

Although the firm's geographic locations have been a draw for clients because of lower rates, Harenza wants to increase those rates through higher-end work, and says he has the room to do it. The firm's rates are currently substantially lower than those of Philadelphia and, particularly, New York firms, he said.

More than just looking to increase the rates he charges now, Harenza wants to handle specialty work that automatically commands higher fees and he thinks clients are willing to pay for that specialization.

Stevens & Lee works off a pyramid chart that breaks legal work into three sections: commodity work, experiential work and unique or specialized work. As clients have consolidated, the rates for everyday, commodity work have become more price-sensitive, Harenza said. That phenomenon has even pushed some of the more sophisticated experiential work into the commodity section of the pyramid, he said.

The ultimate goal for Stevens & Lee is to achieve as much of that 5 percent of the legal work that is at the top of the pyramid, he said.

"What I'm trying to do is move this entire business, business by business, up that curve," he said.

In 2005, Stevens & Lee saw a 12.7 percent increase in gross revenue over 2004's financial performance, a 9 percent increase in revenue per lawyer and an 8.3 percent increase in profits per equity partner.



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