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Zwerling, Schachter & Zwerling to Distribute Funds
Law Firm News | 2007/01/12 13:19



Zwerling, Schachter & Zwerling, LLP announced today that it has distributed settlement checks to Telxon Corporation Shareholders who filed valid claims in the securities class action Hayman v. Pricewaterhouse Coopers LLP, No. 1:01 CV 1078 (N.D. Ohio) ("PwC"). The settlement fund in the PwC action totaled $27.9 million, and was in addition to the $40 million settlement previously reached in the related action In re Telxon Corporation Securities Litigation, No. 5:98 CV 2876 (N.D. Ohio). The two actions alleged that Defendants’ material false and misleading statements artificially inflated the price of Telxon securities, and that, as a consequence, purchasers of Telxon securities suffered damages.

As a result of the combined $67.9 million settlement, Telxon Shareholders who filed valid claims recovered between $0.30 and $0.74 per dollar of their recognized loss, an outstanding recovery. Settlement of these securities fraud class actions would not have been possible without the unrelenting efforts of lawyers at the Zwerling Schachter law firm.

About Zwerling Schachter

Zwerling Schachter concentrates in prosecuting class actions nationwide on behalf of investors. The firm currently plays a leading role in numerous major securities and complex commercial litigations pending in federal and state courts and has offices in New York City, Garden City, New York, Boca Raton, Florida and Seattle, Washington. The firm has been recognized by courts throughout the country as highly experienced and skilled in complex litigation, particularly with respect to federal securities class action litigation.

If you wish to discuss this securities action or have any questions concerning your rights and interests with respect to this litigation, please contact Zwerling Schachter at 1-800-721-3900 or by e-mail at wgonzalez@zsz.com.

Visit our website at: http://www.zsz.com



Lerach Coughlin File Class Action Suit
Law Firm News | 2007/01/12 13:04



Lerach Coughlin Stoia Geller Rudman & Robbins LLP ("Lerach Coughlin") ( http://www.lerachlaw.com/cases/celestica/) today announced that a class action lawsuit has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Celestica Inc. ("Celestica" or the "Company") securities during the period between July 27, 2006 and December 12, 2006, inclusive (the "Class Period").

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, Samuel H. Rudman or David A. Rosenfeld of Lerach Coughlin at 800/449-4900 or 619/231-1058 or via e-mail at wsl@lerachlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.lerachlaw.com/cases/celestica/. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Celestica and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Celestica provides electronic manufacturing services to original equipment manufacturers in the computing, telecommunications, aerospace and defense, automotive, consumer electronics, and industrial sectors in Asia, the Americas, and Europe.

According to the complaint, throughout the Class Period, defendants issued numerous statements describing the Company's financial performance and future prospects, which they attributed, in part, to success of the Company's restructuring activities and improvements in the Mexican and European operations. The complaint alleges that these statements were materially false and misleading when made because defendants failed to disclose and/or misrepresented the following adverse facts, among others: (i) that the Company was experiencing declining demand in its Mexican operations and that division was carrying significant amounts of unneeded inventory which would have to be written off; (ii) that the Company was experiencing declining demand in its Information Technology ("IT") and communications market segments as its larger customers scaled back purchases; and (iii) as a result of the foregoing, there was no reasonable basis to project adjusted earnings per share ranging from $0.12 to $0.20. When this undisclosed information later became public, shares of Celestica common stock declined.

Plaintiff seeks to recover damages on behalf of all purchasers of the securities of Celestica during the Class Period (the "Class"). The plaintiff is represented by Lerach Coughlin, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.
Lerach Coughlin, a 180-lawyer firm with offices in San Diego, San Francisco, Los Angeles, New York, Boca Raton, Washington, D.C., Houston, Philadelphia and Seattle, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. Lerach Coughlin lawyers have been responsible for more than $20 billion in aggregate recoveries. The Lerach Coughlin Web site ( http://www.lerachlaw.com) has more information about the firm.

SOURCE: Lerach Coughlin Stoia Geller Rudman & Robbins LLP



Moss Adams New Audit Firm for Cherokee, Inc.
Legal Business | 2007/01/12 12:51

SALT LAKE CITY-ZEVEX International, Inc. (NASDAQ: ZVXI) has executed a definitive Merger Agreement with Moog Inc. (NYSE: MOG.A and MOG.B). Upon the closing of the merger, ZEVEX will become a wholly-owned subsidiary of Moog. The merger is expected to close in March, 2007.

Upon the closing of the merger, each share of ZEVEX common stock that is issued and outstanding immediately prior to the closing, and each outstanding restricted stock unit that is convertible into shares of ZEVEX common stock, will be converted into the right to receive from Moog $13.00 in cash. Each outstanding option for shares of common stock will automatically be converted into the right to receive $13.00 per share for each share of common stock that is purchasable pursuant such option, less the per share exercise price of each such share. The maximum aggregate purchase price in the merger is $83.8 million. Moog intends to pay this purchase price from an existing line of credit.

The per share price of $13.00 represents a premium of approximately 36 percent above the average trading price of ZEVEX common stock during the past 30-day period. A.G. Edwards & Sons, Inc. was engaged to act as financial advisor to ZEVEX's Board of Directors and delivered an opinion to the Board that, as of the date of the opinion, the consideration to be received by the shareholders pursuant to the terms of the merger agreement is fair, from a financial point of view, to the shareholders of ZEVEX. The law firm of Jones, Waldo, Holbrook and McDonough acted as legal advisors to ZEVEX.

The merger is subject to certain conditions, including regulatory approval and approval by ZEVEX stockholders. ZEVEX will solicit approval of the merger from its stockholders by means of a proxy statement, which will be mailed to ZEVEX stockholders upon completion of the required filing and review process by the Securities and Exchange Commission. That proxy statement and other relevant documents filed with the Securities and Exchange Commission will contain information about ZEVEX, Moog, and the proposed merger. STOCKHOLDERS ARE URGED TO READ THE PROXY STATEMENT AND OTHER RELEVANT DOCUMENTS CAREFULLY WHEN THEY ARE AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION THAT STOCKHOLDERS SHOULD CONSIDER BEFORE MAKING A DECISION ABOUT THE MERGER. In addition to receiving the proxy statement by mail, stockholders will also be able to obtain the proxy statement, as well as other filings (including annual, quarterly and current reports) containing information about ZEVEX, without charge, at the Securities and Exchange Commission’s website (http://www.sec.gov). Stockholders may also obtain copies of these documents without charge by requesting them from ZEVEX in writing at 4314 ZEVEX Park Lane, Salt Lake City, Utah, 84123, or by phone at (801) 264-1001, extension 203.

Following the merger, ZEVEX will become a part of Moog’s Medical Devices Segment. ZEVEX will continue normal operations through its two primary divisions, Applied Technology and Therapeutics, located in Salt Lake City. ZEVEX President and Chief Executive Officer, David J. McNally, said, “We are delighted to announce our acquisition by Moog. We are pleased that our operations will remain in Salt Lake City, where 178 employees continue to serve the customer base that we have developed over the past 20 years. For our customers, we will expand our offering of fluid delivery technologies, based upon Moog’s electronic and disposable infusion products, as well as on Moog’s proven fluid management expertise in demanding industrial, commercial aircraft, and aerospace applications.”

Martin Berardi, Vice President and head of the Medical Devices Segment of Moog, said, “This acquisition is a perfect fit, based upon the excellent product offering and quality reputation of ZEVEX. We believe that ZEVEX’s personnel, technology portfolio, and existing customer base provide a platform on which we can generate new growth in fluid delivery applications, including enteral feeding, and from which we can expand our product lines of medical sensors and surgical tools.”



Jim Davis Joins Holland & Knight LLP
Law Firm News | 2007/01/12 12:46



WASHINGTON, Jan. 12 -- Holland & Knight LLP strengthens its legislative and regulatory practice with the arrival of former U.S. Representative Jim Davis (D-FL). Davis joins the firm's Tampa, Fla., and Washington, D.C., offices, and will play a major role providing strategic counsel to clients in the District of Columbia and across the country. The firm also welcomes Karl Koch, Davis' former Chief of Staff, who will be resident in the firm's Tampa and Washington, D.C., offices.

"Former Congressman Davis' experience will be a valuable asset to our clients now that the new majority in Congress has convened," said Holland & Knight Managing Partner Howell W. Melton, Jr. "Karl's extensive knowledge of federal and state governments as well as the private sector enhances the firm's advocacy strengths on all levels."

Davis and Koch join former Congressman Gerry Sikorski (D-MN), who heads the firm's Government Section, and former Senator Ben Nighthorse Campbell (R- CO) to strengthen the team's capacity on Capitol Hill. Earlier this week, Holland & Knight welcomed former Florida Governor Bob Martinez, who joined the firm's Tampa and Tallahassee offices as senior policy advisor. "The arrival of these highly respected government leaders demonstrates our firm's commitment to growing our existing base of outstanding lawyers and government consultants to create a preeminent, bipartisan team that can effectively serve our clients inside and outside the Beltway," Sikorski said.

"It is an honor to join Holland & Knight, one of the top law firms in the country," said Davis. "I have known lawyers and lobbyists from the firm for many years now and have tremendous respect for their integrity, experience and ability to serve clients. It's time for me to begin a new chapter in my career and put the problem-solving skills I've developed in my years of public service to use for clients in Tampa, throughout Florida, and in Washington, D.C. I'm looking forward to building my law practice, assisting the firm with its business development efforts and advising clients on D.C. matters."

U.S. Representative Jim Davis

Jim Davis served as the U.S. Representative for Florida's 11th Congressional District since 1996, recently leaving Congress to seek the office of Governor of the state of Florida in 2007. He was a member of the Committee on Energy and Commerce, the House Budget Committee and the Committee on International Relations. Davis was a member of the Florida House of Representatives from 1988 - 1996. From 1982 - 1996, Davis was an attorney in private practice with a Tampa law firm. He received his B.A. from Washington & Lee University and his J.D. from the University of Florida College of Law.

Karl Koch

Karl Koch brings significant experience in both federal and state governments, including the executive and legislative branches. His career in public service began in 1988 with his work for former U.S. Representative Buddy MacKay. In the 1990s he worked on both campaigns for the late Gov. Lawton Chiles and served as chief of staff to Lt. Gov. Buddy MacKay. Koch gained national exposure as the Florida Director for the Clinton/Gore presidential reelection campaign in 1996. From 1997-2002 he served as vice- president and principal of Dewey Square Group, a national public affairs firm, before serving as chief of staff to Davis. He earned his BA from the University of South Florida and his JD from Stetson University College of Law.

About Holland & Knight LLP: Holland & Knight is a global law firm with more than 1,150 lawyers in 17 U.S. offices. Other offices around the world are located in Mexico City, Tokyo and Beijing, with representative offices in Caracas, Helsinki and Tel Aviv. Holland & Knight is among the world's 15 largest firms, providing representation in litigation, business, real estate and governmental law. Our interdisciplinary practice groups and industry-based teams ensure clients have access to attorneys with the best expertise, regardless of location.

http://www.hklaw.com



First Guilty Plea In HP Boardroom Leak Case
Court Watch | 2007/01/12 11:34

A former Hewlett-Packard Co. private investigator pleaded guilty to posing as a reporter and company directors to get telephone records for an internal probe of boardroom leaks.

Bryan Wagner, 29, of Littleton, Colorado, admitted identification theft and conspiracy today before U.S. District Judge Jeremy Fogel in San Jose, California. Wagner's lawyer said his client didn't know he was working for the company and was assured his actions were legal. Wagner agreed to assist the U.S. in its investigation of the leak probe at Hewlett-Packard, the world's largest personal-computer maker.

``Its kind of a one-way street,'' Fogel said of Wagner's cooperation agreement. ``You are making a promise to the government. The government is not promising they will make a recommendation of leniency.''

Disclosure of Palo Alto, California-based Hewlett-Packard's probe led to the resignations of former Chairman Patricia Dunn, General Counsel Ann Baskins and three other executives. Wagner's defense lawyer, Stephen Naratil, said his client has been cooperating with prosecutors. Wagner faces as much as seven years in prison at his sentencing on June 20.

Wagner and two other private detectives, Ronald DeLia and Matthew Depante, were accused of faking identifications, a technique known as pretexting, to get phone records of board members and journalists.



Law challenged by teacher accused of filming students
Court Watch | 2007/01/12 00:01

DALLAS A Texas high school teacher is accused of videotaping a girls wrestling match for his sexual enjoyment. Attorneys for 28-year-old David Ware, a first-year speech and drama teacher in suburban Dallas, says he'll himself in to Grand Prairie police. Ware is facing charges of improper visual recording.

Police say Ware captured about two hours of video at an all-day wrestling tournament Saturday, often zooming in on the crotches of female wrestlers. Ware is also a softball coach at Garland Lakeview Centennial High School, which did not have a team competing at the tournament. He's now on paid leave. Defense attorney Scott Palmer says Ware was simply interested in wrestling. Under Texas law, videotaping a person without their consent for sexual arousal is a state jail felony. Conviction carries a penalty of up to two years in prison and a ten-thousand-dollar fine.


UN chief urges closure of Guantanamo prison
Human Rights | 2007/01/11 23:58

United Nations Secretary-General Ban Ki-moon said Thursday that the United States should close the prison at Guantanamo Bay, where suspected terrorists were held and abuses reported. Ban made the remarks at his first formal press conference since taking office as the UN chief on Jan. 1. "I understand that today is the fifth anniversary of Guantanamo's prison," Ban said. "Like my predecessor, I believe that prison at Guantanamo should be closed." The previous secretary-general, Kofi Annan, urged Washington last February to shut down the facility in Guantanamo as soon as possible.

The United States opened the detention facility at its naval base in Guantanamo in January 2002 to hold terror suspects and Taliban members mainly captured during the U.S.-led war in Afghanistan. About 395 prisoners are still held there.



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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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