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Guantanamo prison draws protests worldwide
International | 2007/01/11 16:55
Protests against the US military prison for terror suspects at Guantanamo Bay Cuba continued Thursday as the facility marked its fifth anniversary. In Cuba itself, peace activists, including former detainee Asif Iqbal, and Gold Star Families for Peace founder Cindy Sheehan marched from Guantanamo city to the location of the US camp to demonstrate against its existence. AP has more. Meanwhile new United Nations Secretary General Ban Ki-moon also called for the closure of the facility. Ban follows in the footsteps of his predecessor Kofi Annan, who had also called for the camp's shutdown. Ban will reiterate his call when meeting with President Bush next week.


Cisco Sues Apple Over Use of iPhone Name
Patent Law | 2007/01/11 14:32



Cisco filed a lawsuit against Apple, Inc. on Wednesday in federal court, requesting injunctive relief from Apple's use of the name "iPhone," to which Cisco has held the trademark since 2000. Apple CEO Steve Jobs unveiled Apple's iPhone at a San Francisco tradeshow on Tuesday, despite not having agreed to the terms proposed by Cisco for use of the name "iPhone." The two companies had been negotiating terms of the deal for several years, and were close to agreeing on terms as late as Tuesday, hours before Jobs made the announcement. A spokesperson for Apple noted that Cisco's iPhone does not use a cellular network, as planned for Apple's iPhone, but rather uses the Skype internet phone service, thus making the Apple iPhone materially different and not subject to Cisco's trademark. Jobs also announced Tuesday that Apple Computer has changed their name to Apple, Inc.

Last May, then-named Apple Computer succeeded in a UK lawsuit brought by Apple Corps, the record label owned by the Beatles and their families, which ruled that Apple Computer did not breach a 1991 trademark agreement with Apple Corps when the computer company began promoting music products.



Luis Posada Carriles Indicted on Criminal Charges
Breaking Legal News | 2007/01/11 14:30

WASHINGTON— A federal grand jury in the Western District of Texas has returned a seven-count indictment charging Luis Posada Carriles with one count of naturalization fraud and six counts of making false statements in a naturalization proceeding, the Department of Justice announced today.

The indictment alleges that Posada, 78, a native of Cuba, knowingly attempted to obtain naturalization as a U.S. citizen unlawfully by making false statements on his application for naturalization on or about Sept. 10, 2005. The indictment also alleges that he knowingly made false statements under oath during his naturalization interview with Department of Homeland Security (DHS) officials on April 25 and 26, 2006.

In his naturalization interview, Posada allegedly made several false statements regarding his March 2005 entry into the United States, including statements about the transportation routes and methods used, as well as individuals who accompanied him. For example, he stated that he traveled from Honduras through Belize and entered the United States over land near Matamoros, Mexico, and Brownsville, Texas, with the assistance of an unidentified alien smuggler. In fact, Posada entered the United States by sea aboard the motor vessel “Santrina” accompanied by four individuals, the indictment alleges.

Posada further stated in his naturalization interview that he had never had any type of documentation, passport or identification from the Republic of Guatemala, when, in fact, he had a fraudulent passport issued by that nation bearing his photograph in the name of “Manuel Enrique Castillo Lopez,” the indictment alleges.

Posada is currently detained by DHS’s U.S. Immigration and Customs Enforcement on administrative immigration violations. His initial court appearance in connection with the criminal charges is expected to take place early next week before a U.S. magistrate judge in the Western District of Texas.

If convicted, the defendant faces a maximum sentence of ten years imprisonment for the naturalization fraud count and five years imprisonment for each of the false statement counts.

This case was investigated by ICE. The prosecution is being handled by David B. Deitch and Paul Ahern, Trial Attorneys with the Justice Department’s National Security Division.

The federal investigation of Posada continues.



Thirteen MS-13 Members Indicted for Conspiracy
Breaking Legal News | 2007/01/11 14:29

WASHINGTON – Thirteen alleged members of the street gang called La Mara Salvatrucha, or MS-13, have been indicted by a federal grand jury in the Middle District of Tennessee on charges that they conspired to participate in a violent RICO enterprise responsible for killings and other violent crimes in Nashville, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Craig S. Morford for the Middle District of Tennessee announced today. The one-count racketeering indictment names the following 13 individuals, all of whom are currently in federal or state custody:

OSCAR SERRANO, a/k/a “Diablin”

ESCOLASTICO SERRANO, a/k/a “Chito”

OMAR HIRBIN GOMEZ, a/k/a “Lil Homie”

DAVID ALEXANDER GONZALEZ, a/k/a “Psycho”

ERNESTO ISAI MENDEZ-TOVAR, a/k/a “Joker,” a/k/a “Choey”

FRANCISCO DAGO MENDEZ, a/k/a “Silent” WALTER HERNANDEZ, a/k/a “Spanky”

HENRY GARBALLO-VASQUEZ, a/k/a “Cuervo”

ELISEO IGLESIAS, a/k/a “Smokey”

RONALD FUENTES, a/k/a “Spia”

ERICKA CORTEZ, a/k/a “Shorty”

GEOVANNI PENA, a/k/a “Rata,” and

JOSE ALFARO, a/k/a “Liche.”

“This indictment strikes at the heart of the MS-13 organization in Nashville, and continues our efforts to put members of gangs all across the nation on notice that they will be held responsible for the violence and mayhem they cause,” said Assistant Attorney General Fisher. “We will utilize the same tools we used to put Mafia leaders behind prison bars to confront the threat posed by violent criminal enterprises like the MS-13.”

“The facts alleged in this indictment reveal that MS-13 is a well-organized and extremely violent criminal enterprise that required an aggressive, cooperative response from local and federal authorities,” said U.S. Attorney Morford. “The indictment reflects the commitment of the Department of Justice and my office to continue to work with all law enforcement partners to ensure that those who engage in violent street gang activities in Middle Tennessee go to jail and do so on the most serious charges possible.”

U.S. Attorney Morford praised the cooperative partnership and outstanding efforts of the Nashville Metropolitan Police Department’s Gang Suppression Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement (ICE) at the Department of Homeland Security, the Davidson County District Attorney General’s Office, the U.S. Attorney’s Office in the Middle District of Tennessee, and the Department of Justice’s newly formed National Gang Squad.

The indictment alleges that the defendants were members or associates of the MS-13 street gang, a violent international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador. The purpose of this enterprise was to preserve and protect the power, territory and profits of the MS-13 enterprise through violent assault, murder, threats of violence, and intimidation.

The indictment further alleges that MS-13 originated in Los Angeles and quickly spread across the country, including to Middle Tennessee. It currently includes approximately 10,000 members in at least 10 states, Mexico, Honduras and El Salvador, making it one of the largest street gangs in the United States.

MS-13 gang members regularly engage in violent criminal activity, including murders, assaults, and witness intimidation in order to maintain membership and discipline within MS-13 and rivalries against other gangs, according to the indictment. The violent nature of the enterprise and its members is reflected by one of their mottos: “Mata, Viola, Controla” (“Kill, Rape, Control”).

The indictment further alleges that MS-13 was organized in “cliques,” including the Thompson Place Locos Salvatruchos clique (TPLS), which operated in Nashville. The TPLS and other cliques allegedly worked together cooperatively to commit acts of violence and their members operated under the umbrella rules of MS-13.

According to the indictment, MS-13 members met on a regular basis to report on acts of violence committed by their members with the goal of inciting and encouraging even more violence. Leaders of MS-13 cliques from across the United States allegedly met to discuss gang rules, gang business, problem resolution, and issues involving members of different cliques, and to promote overall unity between MS-13 gang members. Members had to pay dues which were used to support MS-13 gang members imprisoned in various places within the United States, including Middle Tennessee, as well as those in El Salvador.

The indictment further alleges that Nashville-based MS-13 members and associates killed three people, attempted to kill at least seven others, and plotted to shoot or kill several more during 2006 in Nashville.

If convicted, the defendants face a maximum penalty of life in prison on the RICO conspiracy charge.

An indictment is merely an accusation and the defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.



Fross Zelnick Ranked No. 1 Trademark Filer
Law Firm News | 2007/01/11 14:27

NEW YORK--Fross Zelnick Lehrman & Zissu, P.C., a leading law firm specializing in trademark, copyright, design and unfair competition law, has filed more trademark applications than any other law firm nationwide and is the most active law firm user of the Trademark Electronic Application System (TEAS), according to the Department of Commerce's U.S. Patent and Trademark Office (USPTO). Susan Upton Douglass, a partner at the firm, was recently named the most prolific individual attorney filer by NameProtect, a digital brand management company.

The recognition of Fross Zelnick and Ms. Douglass was made in conjunction with the USPTO's public commemoration today of the one-millionth trademark application filed using TEAS. Launched in November of 1997, TEAS is a Web-based application process that now accounts for the vast majority of all trademark filings.

"Protecting intellectual property is the essence of our business and being recognized by the USPTO as being the nation's leading law firm filer of trademark applications underscores the importance owners of valuable brands place on fully protecting their trademark rights," said Larry Apolzon, a Fross Zelnick partner.

Fross Zelnick consistently ranks as one of the leading intellectual property law firms. For the past three years, Fross Zelnick has been named as the top U.S. law firm for both litigation and counseling/prosecution work in Managing Intellectual Property's annual survey of trademark and copyright firms. Additionally, nine Fross Zelnick partners were named to the 2006 edition of The International Who's Who of Business Lawyers in the category of trademark expertise.

About Fross Zelnick Lehrman & Zissu, P.C.

With nearly 50 lawyers, Fross Zelnick is the largest law firm in the world specializing exclusively in trademark, copyright, design and unfair competition law. Fross Zelnick's areas of expertise include managing global trademark and copyright portfolios, registering, protecting and defending trademarks and copyrights, Internet law, protecting character and publicity rights, design rights, and intellectual property due diligence audits and reviews.

Additional information about the firm can be found at www.frosszelnick.com.



Parker & Waichman, LLP Announces Name Change
Law Firm News | 2007/01/11 14:21



New York: Parker & Waichman, LLP, a leading personal injury law firm, is pleased to announce that attorneys Andres F. Alonso and Jason Mark have been made partners of the firm effective January 1, 2007. As a result, the firm has officially changed its name to Parker Waichman Alonso Mark LLP. Mr. Alonso and Mr. Mark, both formerly associates with the firm, are the first attorneys added to the firm's partnership since the firm was founded by Jerrold Parker and Herbert Waichman over 15 years ago.

Andres F. Alonso is the head of the firm's personal injury litigation department. Mr. Alonso obtained his J.D. from the George Washington School of Law and his B.A. from the State University of New York at Binghamton. He is admitted to the New York State Bar, U.S. District Court, Eastern and Southern Districts of New York, and is a member of the American Association for Justice and the New York State Trial Lawyers Association. Mr. Alonso represents clients in the areas of mass torts, toxic torts, defective medical devices, aviation accidents, explosions/fires, products liability, automobile accidents, personal injury, nursing home negligence, consumer fraud and general negligence litigation.

Jason Mark is the head of the firm's mass tort department. Mr. Mark obtained his J.D. from Tulane University (cum laude) and his B.A. from the State University of New York at Buffalo. He is admitted to the Florida State Bar, New York State Bar, Massachusetts State Bar, U.S. District Court, Southern District of Florida, U.S. District Court, District of Massachusetts, U.S. Court of Appeals, Eleventh Circuit, U.S. District Court, Eastern District of New York, U.S. District Court, Western District of New York and U.S. District Court, Southern District of New York. Mr. Mark is a member of the American Association for Justice, Massachusetts Academy of Trial Attorneys and Academy of Florida Trial Attorneys. He has recently been named Co-Chair of the Plaintiff's Science Committee in the Ortho Evra Products Liability Litigation (MDL 1742) and Co-Chair of the AAJ (ATLA) Bausch & Lomb Contact Lens Solution Litigation Group. Mr. Mark is the recipient of the Massachusetts Rising Stars Award for Plaintiff Personal Injury: Malpractice, awarded by Law & Politics and Boston Magazine. Mr. Mark represents clients in cases involving catastrophic injuries and death, mass torts, toxic torts, defective drug liability, defective medical devices, products liability and class actions.

"This decision was made due to the extraordinary contributions of Andy and Jason to the growth and success of the firm," said founding partner Jerrold Parker. "There is no question that Andy and Jason have been instrumental in the successes we've enjoyed, and we strongly believe that adding them to the partnership is a positive step for the future of the firm."

About Parker Waichman Alonso Mark LLP

Parker Waichman Alonso Mark LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York and New Jersey. Parker Waichman Alonso Mark, LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from dangerous medications, defective medical devices, motor vehicle accidents, medical malpractice, toxic torts, and work related injuries. The firm is currently representing individuals injured by Ortho Evra, Vioxx, Fosamax, Ketek, ReNu with MoistureLoc, Guidant defibrillators and many other defective drugs and medical products.

For more information on Parker Waichman Alonso Mark, LLP, please visit: www.yourlawyer.com


Jane Bolin, Pioneering N.Y. Judge, Dies at 98
Legal Careers News | 2007/01/11 13:56

Jane Bolin, who was the first black woman to graduate from Yale Law School and became the nation's first black female judge, has died at age 98.

Ms. Bolin was sworn in by Mayor Fiorello H. La Guardia in a surprise ceremony in 1939, becoming the first black female judge in the United States, according to the city's law department.

Assigned to the Domestic Relations Court, later renamed Family Court, Ms. Bolin fought racial discrimination from the bench. She worked to end segregation in child placement facilities and the assignment of probation officers based on race. She also helped to create a racially integrated treatment center for delinquent boys.



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