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Federal appeals court reinstates Padilla conspiracy charge
Breaking Legal News |
2007/01/30 20:45
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The US Court of Appeals for the Eleventh Circuit reinstated a conspiracy charge against alleged terrorist Jose Padilla Tuesday, reversing a lower court decision that the charge duplicated the other two counts against Padilla and his two co-defendants. The reinstated charge, conspiracy to "murder, kidnap and maim persons in a foreign country," carries a maximum sentence of life in prison, unlike the other two charges. The court rejected the argument that the charges were multiplicitous and in violation of the US Constitution's double jeopardy clause, holding that different proof was required to establish each count. Judge Gerald Bard Tjoflat said in his opinion: "While these three charges are interrelated, they are not interdependent," as Padilla could theoretically be found to have violated the statutes of one count without having violated statutes of the others. |
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Couple facing trial ordered evicted in Oshkosh
Breaking Legal News |
2007/01/30 20:41
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An Oshkosh couple must move from the home where they allegedly made a 13-year-old daughter stay confined to a bedroom up to 22 hours a day. Clint and Lynn Engstrom were evicted by a Winnebago County court official Wednesday, a day after he ordered that they each should stand trial on a charge of mental abuse of a child. Court Commissioner Daniel Bissett ruled in favor of their landlord who said they were not paying rent or utilities and owe more than $4,700. The Engstroms, jailed in lieu of $25,000 bail each, face an eviction deadline of Monday to move out of the house. Bissett told them the deadline could not be extended. The girl testified Wednesday that her father and stepmother ordered her to stay in her sparsely furnished upstairs bedroom for months, as punishment for her bad behavior that included hitting, kicking, lying and making "mean comments." Defense lawyers said the Engstroms will plead not guilty at a hearing in Circuit Court Monday. |
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Two Vessel Corporations Plead Guilty for Illegal Dumping
Environmental |
2007/01/30 20:40
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Greek-based shipping companies Chian Spirit Maritime Enterprises, Inc. and Venetico Marine each pleaded guilty today in District court in Delaware to a felony violation related to the operation of the M/V Irene E.M., a large bulk carrier. Chian Spirit, the carrier owner, and Venetico, the carrier operator, admitted to violating the Act to Prevent Pollution from Ships (APPS) by misleading U.S. Coast Guard investigators during the vessel’s port call to the United States in December 2005. The companies were sentenced by the Court to pay a total criminal penalty of $1.25 million dollars and to implement a detailed, court-monitored Environmental Compliance Plan. According to the plea agreement, on December 5, 2005, the Irene requested entry into the Delaware Bay, en route to Newark, N.J. During the Coast Guard’s routine boarding, officers aboard the Irene provided Coast Guard investigators with a false log book that omitted required entries of overboard oily waste discharges made during the recent voyages. Further investigation revealed that the vessel’s oil water separator had been inoperable for several months during the previous year. A vessel crew member testified that the ship illegally discharged waste oil into the ocean approximately four times per week into the open ocean. Most of these discharges took place at night or far from shore during trips to various ports, from Africa to Brazil, and from Brazil to the United States, so as to avoid detection. These illegal discharges were either recorded in the ship’s log inaccurately as having been “discharged through the oil water separator” or were not recorded at all. The Irene’s engineers also constructed a bypass pipe, often referred to as the “magic pipe,” which was also hidden from investigators during Coast Guard boardings. “Companies that illegally and intentionally pollute our oceans violate the law and harm one of our most precious and vulnerable natural resources,” said David M. Uhlmann, Chief of the Environmental Crimes Section of 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.” Engine room operations on board large oceangoing vessels such as the Irene generate large amounts of waste oil. International and U.S. law prohibit the discharge of waste oil without treatment by an oil water separator. The law also requires that all overboard discharges be recorded in an oil record book, a required log which is regularly inspected by the Coast Guard. As part of the plea agreement, the corporations will pay a combined penalty of $1.25 million, $250,000 of which will be dedicated to a marine-based environmental enhancement community service project on the Delaware Bay. In a related case, the Chief Engineer of the Irene, Adrien Dragomir, pleaded guilty in August 2006 to one APPS violation for falsifying the Irene’s oil record book. He was sentenced to serve a one-year term of unsupervised probation. Grigore Manolache, the ship’s master, pleaded guilty in July 2006 to a one-count information charging him with presenting false information to the U.S. Coast Guard regarding the vessel’s illegal dumping. This case was investigated by the U.S. Coast Guard and the U.S. Environmental Protection Agency Criminal Investigation Division. This case was prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division. |
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McDermott Partners with MWE China Law Offices
Law Firm News |
2007/01/30 10:17
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SHANGHAI, CHINA — MWE China Law Offices, a newly formed Shanghai-based law firm licensed in the People’s Republic of China, has entered into a strategic alliance with McDermott Will & Emery, an international law firm with 14 offices in the United States and Europe, to provide global companies based within and outside of China superior global client service with access to leading attorneys within China and around the globe.
MWE China Law Offices was recently founded by John Z.L. Huang and Kevin Y. Qian to provide legal services and business advice to both Chinese and foreign-based companies doing business in China. Both John and Kevin recently left their former Shanghai-based firm, Allbright Law Offices. John was one of four founding partners of Allbright in 1998; Kevin chaired Allbright's corporate practice and served as a member of its Executive Committee. Under their leadership, Allbright grew to be a pre-eminent, China-based, global legal practice. Approximately 25 associates have joined their new firm. MWE China Law Offices will serve as an international law firm and, through its exclusive strategic alliance with McDermott Will & Emery, will extend its global reach to the United States and Europe. McDermott Will & Emery, which represents clients based in 70 countries, now adds China to its global platform.
The founders of MWE China Law Offices have extensive legal experience in China, and both have a substantial international practice. John is a leading lawyer in the areas of venture capital financing, foreign direct investment, intellectual property law, and international arbitration and litigation. A Ford Foundation Fellow, he received his J.D. from the University of California, Hastings College of the Law; his L.L.M. from the University of California in Los Angeles; and his L.L.B. and L.L.M degrees from the East China Institute of Politics and Law. Kevin, who has practiced law for both U.S. and China-based law firms, as well as served as in-house counsel for two global companies with operations in China, is a leading lawyer in the areas of financial and commercial law and intellectual property law. He received his J.D. from the University of Minnesota Law School and his L.L.M. from the East China Institute of Politics. He is also a graduate of Fudan University, where he received his L.L.B.
John stated, "We are very excited about founding a new international law firm based in China that has global reach and a broad selection of services to meet our clients’ needs." Kevin noted, "We are pleased to join in a strategic alliance with McDermott Will & Emery. The strategic alliance will benefit both our clients and the McDermott Will & Emery clients who operate in Asia."
Harvey Freishtat, Chair of McDermott Will & Emery, commented, "We are very pleased to be able to expand our international service platform to China through our strategic alliance with John, Kevin and their associates. Through the eyes of our mutual clients, we have come to know of John and Kevin's leadership abilities, keen legal and business acumen, and reputation in the legal market within China. We are pleased that McDermott and MWE China Law Offices now have a seamless legal solution for their respective international clients."
The strategic alliance calls for MWE China Law Offices to continue as a separate legal entity owned by its Chinese partners. Shared standards have been developed for client service, quality assurance procedures and professional training as well as shared IT and telecommunications infrastructure. Both firms have agreed that growing MWE China Law Offices meets the needs of the clients of each firm. McDermott Will & Emery will consider the MWE China Law Offices as another location for its clients to receive the international client service they have come to expect.
McDermott Will & Emery operates nine offices in the United States and five offices in Europe, including offices in Belgium, Italy, the United Kingdom and two offices in Germany. McDermott is among the 25 largest law firms in the world. MWE China Law Offices will be among the top tier of international law firms providing service in China. |
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Lisa Lanier Invited to Join BB&T Advisory Board
Law Firm News |
2007/01/30 09:28
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DURHAM, N.C.--Lisa Lanier, founder of Lanier Law Group, was recently invited to join the BB&T Corporation Regional Advisory Board. Lanier joins the BB&T Board with more than 12 years of experience managing her notable North Carolina personal injury law firm. Lanier Law Group is one of the largest and fastest-growing, with eight locations across the state.
“I am honored and very enthusiastic about serving in an advisory role with BB&T,” said Lanier. “I respect its stability in this region and the ongoing corporate commitment to the communities it serves.” Lanier manages a heavyweight legal group with a strong reputation for personal injury law. She is a member of the N.C. Academy of Trial Lawyers, N.C. Bar Association, American Trial Lawyers Association, and is a former chairperson for the Education Committee of the N.C. Association of Women Attorneys. Born in High Point, N.C., Lanier received both her undergraduate and law degrees from UNC-Chapel Hill. Lanier Law Group, P.A., is among the largest and fastest-growing North Carolina personal injury law firms, with eight offices across the state in Durham, Raleigh, Charlotte, Winston-Salem, Greensboro, Wilmington, Fayetteville and Greenville. The firm consists of 50 professionals, North Carolina personal injury lawyers, insurance adjusters and paralegals that specialize in assisting clients with issues such as health insurance problems, property damage and total loss evaluations. A unique team approach at Lanier Law Group manages each case with a dedicated attorney, an insurance adjuster, and a paralegal to provide full attention and counsel not available from most personal injury law firms. Visit www.LanierLawGroup.com or contact the firm’s 24-hour statewide consultation center at 1-888-CONSULT for a free evaluation of your case. It costs you nothing to get the facts about your rights. Winston-Salem, N.C.-based BB&T Corporation and its subsidiaries offer full-service commercial and retail banking and additional financial services such as insurance, investments, retail brokerage, corporate finance, payment services, international banking, leasing and trust. BB&T operates more than 1,450 financial centers in the Carolinas, Virginia, Maryland, West Virginia, Kentucky, Tennessee, Georgia, Florida, Alabama, Indiana and Washington, D.C. With $118.5 billion in assets, BB&T Corp. (NYSE: BBT) is the nation’s 11th largest financial holding company. Visit www.BBT.com for more information about the company. |
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Gordon Law Group
Breaking Legal News |
2007/01/30 09:24
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BOSTON--The Gordon Law Group, a leading Massachusetts employment law firm which specializes in representing employees in wage, termination and compensation litigation, announces that managing partner, Philip Gordon, has been named to the Boston Business Journal’s prestigious “40 Under 40” list. In its ninth year, the Journal’s program recognizes emerging business leaders in Greater Boston that help drive the regional economy.
Gordon’s practice focuses on the employee, with particular attention to those matters related to overtime, minimum wage, commission, wrongful termination, employee misclassification, severance agreements, non-compete agreements, wrongful deductions, record keeping and equity compensation. He was nominated to the 40 under 40 list by Gordon Law Group, LLP clients and community leaders, who described him as a “strategic, big-picture thinker.” “Philip designs effective strategies to make use of the law and achieve extraordinary results,” they continued. “He’s also proactive and trustworthy. Not one to languish on an idea, Philip stays on top of our issues, sometimes even pushing us.” His work has been noted also within the legal community, including coverage in Boston Magazine, where he was named one of Massachusetts’ Top 100 Lawyers in the 2005 list of “Massachusetts Super Lawyers.” He is also extensively involved in pro bono work, supporting education and medicine. He is one of the Senior Partners for Justice of the Wage and Hour Project of the Volunteer Lawyers Project, and he serves as Vice Chairman of the Public Policy Committee of the Jewish Community Relations Council, a member of the Board of Directors of the Massachusetts Immigrant and Refugee Advocacy Coalition, and a member of the Board of Governors of the Combined Jewish Philanthropies. The Gordon Law Group, LLP is considered among a select set of boutique law firms focused on employees. The firm’s attorneys offer a level of sophistication and excellence unusual in a firm of its size, and concentrate on claims for regular wages, overtime pay, minimum wages, commissions, health insurance contributions, vacation benefits, bonuses and severance payments, as well as stock options and other forms of equity. The firm also has expertise with respect to misclassification of employees as independent contractors, treatment of non-exempt employees as exempt and enforcement of executive liability. Long known as a leader in the Boston community, the Gordon Law Group is proud of his service. |
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Guantanamo military trials face further delays
Breaking Legal News |
2007/01/30 08:48
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Fewer Guantanamo Bay prisoners will be charged with war crimes this week than originally expected, chief prosecutor USAF Col. Moe Davis told Reuters Monday. Revised charges were expected to be filed against up to 20 suspected members of al Qaeda and the Taliban by February, but new procedural rules implemented earlier this month will delay the trials for at least half of those detainees. Under the new rules, hearings must take place before a tribunal judge within 30 days of the filing of charges; the trial must commence within 120 days of the charging. Davis also pointed to Guantanamo's limited facilities as partially responsible for the delay, as only one courtroom is available. Davis said that he was very likely to recommend the death penalty for some of the 14 high-value detainees moved to the camp from CIA secret prisons in September. First evidence is expected to be presented by this summer. Davis also said Monday that Australian detainee David Hicks will likely be among those charged this week. |
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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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