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Rights group urges Iraqi court to spare Saddam VP
International | 2007/02/10 22:16

Human Rights Watch (HRW) urged the Iraqi High Tribunal (IHT) Sunday to spare the life of former Iraqi Vice President Taha Yassin Ramadan citing a lack of evidence tying him to the 1982 Dujail killings for which he is charged. The court reconvenes on Monday to determine whether Ramadan's life sentence should be abandoned in favor of the death penalty.

Ramadan was convicted in November in connection with crimes against humanity committed in the town of Dujail in 1982. The IHT Appeals Chamber ruled December 26 in its decision upholding Saddam Hussein's death sentence that the life sentence for Ramadan was too lenient and ordered the trial court to re-sentence him. On Thursday, UN High Commissioner for Human Rights Louise Arbour filed an amicus brief with the court arguing that imposing the death penalty would be a violation of Iraq's obligations under the International Covenant on Civil and Political Rights.



Former Google Exec Founds Xooxle for Law Firms
Breaking Legal News | 2007/02/09 09:43
Washington, DC -- XooxleAnswers (pronounced 'zooks-il-answers') is a new research service with a strong capability for providing backup legal research for lawyers and firms whose own staffs are stretched thin, and for clients looking to cut back on the cost of legal work.

XooxleAnswers was started by former Google Answers researcher David Sarokin, an expert at internet-based research with a strong technical and legal background. "Before Google Answers was recently retired, we fielded hundreds of questions on all major aspects of legal work," said Sarokin. "With the start-up of XooxleAnswers, we look forward to continuing that tradition of providing expert quality research, at very affordable prices."

XooxleAnswers covers a broad range of legal topics, including:

  • patents and prior art
  • business background, competitive intelligence, and due diligence
  • missing persons, criminal records, personal background checks
  • trademark, copyright (traditional and digital), and other intellectual property research
  • slander, libel, defamation cases
  • constitutional law
  • landlord-tenant disputes
  • criminal law
  • environmental regulation
  • malpractice case law
  • international law
With access to specialty legal databases such as Lexis-Nexis, PACER, Martindale, LII, and state and county electronic case filings (ECF) -- as well as hundreds of other data sources such as Factiva, Dialog, EBSCO, Dun and Bradstreet -- XooxleAnswers can quickly and expertly conduct research relevant to your specific needs.

"We also have an amazing capacity to track down obscure pieces of information," said Sarokin, "things like a hard-to-find newspaper article, confirming an old address, finding documented examples of 'prior art' technologies. When others can't find it, XooxleAnswers often can."

"The best way to see what we can do for your firm is to give us a try," said Sarokin. "There's no risk. Our work at XooxleAnswers is fully guaranteed. If our research does not meet your needs for any reason, we will continue working on it until it does, or refund your payment...whichever you prefer."

Visit the XooxleAnswers website to inquire about our services, and to see examples of some of our legal research work.

XooxleAnswers


North Korea Talks at a stand still
International | 2007/02/09 09:27

BEIJING – Envoys to international talks on ending North Korea's nuclear weapons program struggled Friday to find a compromise as differences emerged over a Chinese proposal on how to begin disarmament.

Christopher Hill, the main U.S. envoy to the talks, said all sides agreed on the proposal's broader issues. Hill said the remaining issues focused on a single paragraph of the Chinese proposal for a set of reciprocal steps aimed at implementing a 2005 deal that calls for North Korea to disarm in exchange for security guarantees and aid.


Hill said the envoys were working to rewrite the text to address North Korea's concerns. He did not give any details.

“I think we can be cautiously optimistic,” Hill said after a two-hour lunch meeting with his North Korean counterpart, Vice Foreign Minister Kim Kye Gwan, in the first bilateral session between the two sides at this week's talks.

Japan's envoy, Kenichiro Sasae, said while there was consensus on some points, but that there was no prospect of an imminent agreement.

“There are some parts in which we had progress but on others we ran into difficulty. We will continue with the talks, but at this point in time I don't feel there is a prospect of reaching an agreement,” Sasae said.

Kim said the meeting led to agreement on some unspecified issues, although there were still issues to overcome. “We are going to make more efforts to resolve them,” Kim said.

Late Thursday after the first day of talks, China distributed a draft agreement to the nuclear envoys from China, Japan, the two Koreas, Russia and the United States.

The proposal – presented after North Korea agreed in principle to take initial steps to disarm – would grant the communist nation unspecified energy aid for shutting down its main nuclear facilities within two months, South Korea's Yonhap news agency reported.

Officials declined to confirm details of the draft.

Hill said earlier Friday he saw “differences” among the delegations over the draft deal.

A South Korean official also cautioned against being too optimistic. The official, who spoke on condition of anonymity because of the issue's sensitivity, said it is “not as easy as expected to produce a result due to differences in positions and a conflict of interests.”

Both Hill and the South Korean official declined to elaborate on what the differences were.

But a pro-Pyongyang newspaper in Japan said the North wants the U.S. first to show that it has permanently ceased its “hostile” policy toward Pyongyang.

“As conditions mature, (North Korea) can halt the operation of the Yongbyon nuclear facilities,” the Choson Sinbo said, referring to the site of the North's main nuclear complex north of Pyongyang.

“The (North)'s position is that it can take corresponding measures when the U.S. takes steps to show that it irreversibly gave up its hostile policy,” it said.

The report, carried on the paper's Web site, cited a “diplomatic source well versed in” the negotiations. The paper, with links to the government in Pyongyang, is considered one of the North's propaganda tools.

Any agreement on an initial set of reciprocal moves to implement a September 2005 accord – in which North Korea pledged to disarm in exchange for aid and security guarantees – would set the stage for the first tangible steps in the often-delayed six-nation process.

The 2005 deal, a broad statement of principles that did not outline any concrete steps for dismantling North Korea's nuclear program, was the only agreement since the negotiations began in 2003.

At the last session of the arms negotiations in December, following North Korea's Oct. 9 underground nuclear test, the North refused to even talk about its nuclear programs. Instead, it demanded the U.S. lift financial restrictions targeting alleged North Korean counterfeiting and money laundering.



Bizarre Legal Twist in Anna Nicole Custody Case
Breaking Legal News | 2007/02/09 09:00
A bizarre twist in the bizarre life of Anna Nicole Smith was revealed today with a lawyer for the former Playmate's boyfriend seeking to have her body DNA tested before the family can claim it. Smith died suddenly on Thursday, aged 39.

Debra Opri represents photographer Larry Birkenhead, who claims paternity of Anna Nicole's four-month old baby Dannielynn.

Opri told Fox News: "Now it's time to put up or shut up," Opri said. "This is despicable what's been happening, and it's got to end. Anna Nicole Smith is dead at the age of 39 because of a lifestyle. I do not want that child anywhere near [Smith's partner] Howard K. Stern, and that's all I'm going to say about it."

It is anticipated that a paternity hearing set down for Friday would proceed. The battle, one of several for Anna Nicole Smith, who has been named in a class action weight loss lawsuit also, started after the baby was born in September.


Anna Nicole Legal Battle: What will happen?
Breaking Legal News | 2007/02/09 08:54

Continually in the tabloids, actress and model Anna Nicole Smith continues to make headlines after her death, as her legal disputes remain undecided and U.S. authorities probe the cause of her sudden death.

Authorities said she was rushed to hospital on Thursday afternoon after a private nurse found her unconscious and unresponsive at the Seminole Hard Rock Cafe Hotel and Casino in Hollywood, Fla. Smith, the 39-year-old former Playboy model, died Thursday.

Deputy Police Chief Michael Browne said Friday that officials have interviewed everyone connected to the death and no one was under suspicion."Nothing about this death seems suspicious. We're not treating it that way," Browne said. "We're being very thorough. We're going to look at everything."

The medical examiner's office also said it began conducting an autopsy on Friday morning. Dr. Joshua Perper, who was scheduled to perform the autopsy, had said Thursday that if Smith died of natural causes, the findings would likely be released quickly. However, definitive results could take weeks, he added.

Legal Issues

Smith had been embroiled in several legal disputes prior to her death, including a paternity suit over her five-month-old daughter.

Attorney Howard K. Stern, Smith's most recent partner, is listed as the baby's father on the birth certificate. However, her former boyfriend Larry Birkhead has claimed to be the infant's biological father.

An emergency court hearing into the paternity suit was scheduled for Friday in Los Angeles.

Just last week, Smith had been included in a class-action lawsuit against TrimSpa, which produces a weight-loss pill for which she served as spokesperson. The suit alleges the marketing of the weight-loss supplement was false and misleading.

Most prominently, however, Smith — a former Playboy covergirl, playmate of the year and Guess model — was involved in a decade-long battle over the fortune of her former husband, J. Howard Marshall.

The Houston-born Smith, a former topless dancer, was notorious for her relationship with the 89-year-old oil tycoon after meeting him at a Texas strip club. They had been married for 14 months when he died in 1995.

A federal court in California initially awarded Smith $474 million US, but the decision was later overturned. However, in May 2006, the U.S. Supreme Court ruled that she could continue her fight for the Marshall fortune.



William Candelaria joins Gibson, Dunn & Crutcher
Law Firm News | 2007/02/08 15:15
NEW YORK, Feb. 8 - Gibson, Dunn & Crutcher LLP is pleased
to announce William Candelaria has joined the firm's New York office as
partner. Previously a partner with Mayer, Brown, Rowe & Maw, Candelaria
practices in the areas of mergers and acquisitions, private equity and
capital markets, with a focus on emerging markets, and in particular, Latin
America and Mexico.
   "We are pleased to welcome Bill to the firm," said Ken Doran, Managing
Partner of Gibson Dunn. "Our New York office has recently experienced
considerable growth. Bill's practice which combines capital markets and M&A
is complementary to our Latin practice led by Blake Franklin, Kevin Kelley,
Bill Campbell and Steve Guynn."
   "Bill is a terrific addition to the firm," said Steven Shoemate,
Co-Partner in Charge of the New York office. "He is bilingual and has
strong credentials in M&A, private equity and capital markets in New York
and in Latin America, a combination that adds breadth and depth to our
team, which is critical as several Latin American markets are poised for
growth. In particular, his experience will be invaluable to our U.S.
private equity clients."
   "Gibson Dunn offers a compelling and powerful platform for cross-border
investment and acquisition work," said Candelaria. "The firm is committed
to growing in New York and its corporate, Latin America and other emerging
markets practices. This is an ideal moment to be joining forces with this
dynamic group of lawyers."

   About William Candelaria
   Candelaria's practice focuses on corporate transactions and private
equity, including stock and asset acquisitions, joint ventures with an
emphasis on cross-border transactions, and private equity investments. He
also has significant experience in capital markets, including debt and
equity offerings by U.S. and foreign issuers, private placements and
off-shore offerings, and U.S. securities law compliance, as well as
corporate finance, including cross-border securitization transactions and
debt restructuring.
   His clients have included Societe Generale, Sonangol, CEMEX, Empresa
ICA, Aeroinvest, Grupo Elektra and TV Azteca, as well as private Mexican
hedge funds and Latin American subsidiaries of Fleet Bank and BankBoston.
He is a native Spanish speaker.
   He is currently a Board member of New York City Economic Development
Corporation and Lambda Legal Defense and Education Fund. Prior to joining
Gibson Dunn, Candelaria practiced since 2003 with Mayer Brown. Before that,
Candelaria was an associate with Cleary Gottlieb and O'Melveny & Myers.
   Candelaria clerked for the Judge Harry Pregerson in the U.S. Court of
Appeals, Ninth Circuit after he received his law degree cum laude from
Harvard Law School in 1995; where he served as Supervising Editor for the
Harvard Law Review. He earned a masters in Latin American studies in 1993
from Stanford University.
  
About the Firm
   Gibson, Dunn & Crutcher LLP is a leading international law firm.
Consistently ranking among the world's top law firms in industry surveys
and major publications, Gibson Dunn is distinctively positioned in today's
global marketplace with 800 lawyers and 13 offices, including Los Angeles,
New York, Washington, D.C., San Francisco, Palo Alto, London, Paris,
Munich, Brussels, Orange County, Century City, Dallas and Denver. For more
information, please visit http://www.gibsondunn.com.


PokerTek being sued by Tellis for Breach & Fraud
Court Watch | 2007/02/08 15:10
AUSTIN, Texas- Barry & Loewy LLP today announced it has filed a multimillion-dollar lawsuit against PokerTek, Inc. (NASDAQ:PTEK) and its Chief Executive Officer, Lou White, for breach of contract and fraud.

The suit was filed on behalf of TELLIS Software, Inc. (“TELLIS”), a Texas software development company. The suit alleges that PokerTek contracted with TELLIS in 2004 to develop the software to run its PokerPro™ electronic poker tables. In exchange for the software, the contract required that PokerTek compensate TELLIS by granting it equity in PokerTek, and providing monetary compensation.

TELLIS fulfilled its contractual obligations and developed the software for PokerTek. However, once PokerTek received the software, the suit alleges it illegally breached its contract with TELLIS and refused to compensate the company for the software.

“In our view, PokerTek took TELLIS’ software without fully paying for it,” stated attorney Adam Loewy, of Barry & Loewy LLP. “With this lawsuit, we hope that PokerTek finally compensates our client for the software, as they originally promised to do.”  The suit is seeking millions of dollars in actual and punitive damages. The suit is filed in the Galveston Division of the Southern District of Texas (case number: 3:07-cv-00072).

If you would like to discuss this action or receive a copy of the lawsuit, please contact attorney Adam Loewy via email at aloewy@barryloewy.com or via telephone at 800-892-5044.

Barry & Loewy LLP is a Texas-based trial law firm with offices in Austin, San Antonio and Houston. The firm is active in major litigations pending in federal and state courts throughout the United States. The Barry & Loewy website (http://www.barryloewy.com) has more information about the firm.


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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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