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Appeals court rejects secret Delaware arbitration
Legal Spotlight |
2013/10/25 12:50
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A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.
A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.
DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.
Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies.
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EU top court holds up state's say in Volkswagen
World Business News |
2013/10/23 11:02
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The European Union's top court has upheld a law giving a German government authority a blocking minority in Volkswagen AG, Europe's largest carmaker.
The Court of Justice on Tuesday dismissed a lawsuit against the rule brought by the European Commission, the 28-nation bloc's executive arm that also acts as the antitrust watchdog.
The German state of Lower Saxony's 20 percent stake in the Wolfsburg-based automaker gives it the right to block corporate decisions — a lower threshold than the 25 percent blocking minority for all other German public companies. But the court ruled the law still meets the relevant European requirements.
Lower Saxony state governor Stephan Weil, in turn, expressed "great joy" about the ruling, calling it a good day for the state and the company's employees, according to a statement issued by his office.
Volkswagen declined to comment on the verdict since the company wasn't a party to the lawsuit by the Commission against Germany. The company owns 12 car brands including Audi, Seat and high-end sports car maker Porsche.
The court also struck down a fine sought by the Commission which would have cost German authorities several dozen millions of euros.
The Commission initiated proceedings against the so-called Volkswagen law in 2005. A 2007 Court of Justice ruling then invalidated parts of it, forcing Germany to amend the law to its present form. Still, the Commission maintained it inhibits the free movement of capital within the EU. |
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High court weighs Mich. ban on affirmative action
Current Cases |
2013/10/14 13:16
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After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.
Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.
It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.
"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.
A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.
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Calif. court: Spanking with wooden spoon not abuse
Class Action |
2013/10/11 10:16
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A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling. |
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Spanish court convicts 53 in corruption trial
World Business News |
2013/10/07 10:08
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A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.
The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.
Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.
Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.
The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).
Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.
The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders. |
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Law Firm Website Templates - Legal Marketing Tips
Law Firm News |
2013/10/04 13:07
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4 Myths about Template Website Design for Law Firms
Template websites are one of the most affordable and simple solutions for attorneys looking to get their legal business online. They are offered for a very low price and require a limited amount of input to get online. Still, template websites get a bad name. In this article, we’ll dispel several myths and make a case for why a template website is just as capable as any custom designed site.
MYTH: Templates Always Have Unprofessional Design
Firstly, we should establish the difference between a template website and a sitebuilder website. Sitebuilder websites can be incredibly cheap, and usually offer the benefit of do-it-yourself customizability. People who know what they want and have time to invest are drawn to these solutions.
However, these sitebuilders lack the knowledge and experience of a designer or web developer, and users often find their capabilities limited by the interface or a necessity for HTML/ CSS fluency. The most capable attorneys will end up with a website that undersells their professionalism and excellence. The least will have a website that offends the eyes and scares potential clients away.
Our template websites differ because they are based on our most successful custom designs. Unlike other template solutions, each template has been professionally designed by our in-house, highly experienced web designers, and is proven to be successful at impressing visitors and converting prospects into real business. They are also created specifically for lawyers and law firms, so each template is absolutely appropriate for legal professionals.
MYTH: Template Websites Aren’t SEO Optimized
We’ve heard a lot of arguments against template websites because they are not SEO optimized. Law Promo’s template websites are ALWAYS fitted with the very best of onsite optimization. While template websites are made to be static–best for those who have little interest in constant work and updates on their pages–they still are search engine optimized like any of our custom websites, and have the potential for search engine success. Page titles, heading tags, image tags, and keywords are all equally powerful as they would be on a custom website. And if you’re looking to keep your website fresh, you can always add a blog for constant, keyword-rich updated content.
MYTH: My Website Will Look Like Everyone Else’s
This is another concern we hear frequently: “Won’t there be other websites out there, just like mine?” Law Promo offers dozens of different website templates with several customizable options, so its unlikely that there will be many others like yours. Further, you only need to worry about what your potential visitors see. As long as your website isn’t the same as your immediate competitors, a template website is an affordable and easy solution for any law firm.
With the available choices and custom options, your website will be fit to your preferences, and your visitors will not be thinking about whether it’s a template website or not. Instead, they’ll get a great initial impression of your professionalism, then go on to learn more about you through your written content, where most legal professionals really shine.
MYTH: Template Websites Require Technical Knowledge and Web Savvy
We’ve heard horror stories about template design companies that hand their customers a completed template website and expect them to install and maintain it themselves. We understand that attorneys are busy individuals without the time to learn about server configuration or technical coding. That’s why we do all of the technical work for you– you make a few simple choices, send us your written content, and your website will be online and running in a little over a day.
Remember, template websites are not for everyone. If your firm is looking for a deeply personalized, high-functioning website designed to dominate the web space, you’ll be looking for more involved custom design and coding. However, for those who realize that the web is a necessary space for business but don’t have the time to invest in content creation, we highly recommend our template website solution designed specially for legal professionals.
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Military high court to hear Kan. HIV exposure case
Current Cases |
2013/09/30 13:29
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle." |
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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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