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GOP Sen. Snowe to support Kagan for Supreme Court
Political and Legal | 2010/07/29 05:41

Republican Sen. Olympia Snowe says she plans to vote to confirm Elena Kagan as a Supreme Court justice.

The Maine lawmaker's announcement makes her the fourth Republican to break with her party to back President Barack Obama's high court nominee.

In a statement, Snowe says Kagan has met her standards for a justice with her strong intellect, respect for the rule of law and understanding of the Supreme Court's important but limited role.

She also says endorsements from conservative lawyers show that Kagan has a reputation for a sound judicial temperament.

Democrats have more than enough votes to confirm Kagan in a vote expected next week. Most Republicans oppose her, arguing she would bring a liberal bias to the bench.



BP spill cases head to court as Shell counts cost
Breaking Legal News | 2010/07/29 03:37

The tide of lawsuits unleashed by BP's oil spill in the Gulf of Mexico breaks into an Idaho courtroom on Thursday, just as the company's rivals are counting the cost of a ban on offshore drilling.

Attorneys hoping to lead the legal fight against BP are set to descend on Boise, Idaho, to address a special judicial panel considering how to bring order to the hundreds of civil lawsuits spawned by the spill after a rig explosion on April 20.

"There will be more lawyers in that courtroom than exist in the entire city of Boise put together," Mark Lanier, a Houston-based lawyer who plans to attend the hearing, joked this week. "It's going to be a circus."

Seven U.S. federal judges will convene more than 2,000 miles from the Gulf's oil-smudged shores to consider which U.S. court, or courts, should oversee hundreds of spill-related suits by injured rig workers, fishermen, investors and property owners.

Potentially adding its name to the line of claimants, Royal Dutch Shell Plc idled seven rigs and took a $56 million charge related to the drilling ban on Thursday. Saying the ban would reduce its production by almost 3 million barrels this year, the company did not rule out reclaiming the cash from BP.

Shell, one of the biggest oil producers in the Gulf of Mexico, said it had idled rigs rather than move them elsewhere because the ban's six-month duration meant it was not profitable to redeploy them to other areas.



2 re-sentencings ordered in $1.9B Ohio fraud case
Court Watch | 2010/07/29 02:43

A federal appeals court has ordered two executives convicted in a $1.9 billion corporate fraud case to be resentenced.

The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday the government hadn't proved Donald Ayers and Roger Faulkenberry were guilty of money laundering. Their convictions of conspiracy, securities fraud and wire fraud remain in place.

Faulkenberry is serving 10 years in prison, and Ayers is serving 15 years. They were convicted in 2008 with four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors likened the case to the Enron scandal.

The court said the government didn't prove that advances Faulkenberry and Ayers made to medical companies were designed to conceal the money's source.



NM hires law firm to pursue investment lawsuits
Legal Business | 2010/07/28 08:49

The State Investment Council has hired a law firm to help recover damages and losses from questionable investments and fees paid to third-party marketing agents.

The council on Tuesday approved the selection of a Day Pitney LLP, which has nine offices on the East Coast, including in New York, Boston, Washington, D.C., and Hartford, Conn.

The law firm will receive a sliding scale contingency fee based on what it recovers for the state.

1 of the council's former outside investment advisers has pleaded guilty in a New York pension scandal and acknowledged that some investment deals in New Mexico were done because of pressure from politically connected individuals. The names of those people have not been disclosed.



Sheppard, Mullin, Richter & Hampton LLP has added three partners
Legal Marketing | 2010/07/28 05:48

Sheppard, Mullin, Richter & Hampton LLP has added three partners to the firm's Labor and Employment practice group: Thomas R. Kaufman, Michael L. Gallion and Gregg A. Fisch.  Kaufman, Gallion and Fisch join Sheppard Mullin's Los Angeles/Century City office from Seyfarth Shaw in Los Angeles, where Kaufman was co-chair of Seyfarth's national wage/hour class action practice group.  

"We are very excited to welcome Tom, Mike and Gregg.  They are tremendously talented and collectively bring a wide range of labor and employment law experience, including a specialization in wage-and-hour law – an area the firm is already known for," said Guy N. Halgren, chairman of Sheppard Mullin.  "We have one of the biggest and best employment practices in California, and this group further strengthens the capabilities of one of our signature practice groups."

"We look forward to joining Sheppard Mullin, a top-notch full service firm with a strong footprint in Los Angeles and throughout California," Kaufman commented.  "I am impressed with the firm's marquee labor and employment practice, including the group's continued growth in recent years and firm management's support in growing it further."  

"I am very excited to continue to practice with Tom and Gregg at Sheppard Mullin.  We are thrilled to be part of a firm with such a distinguished labor and employment group and one with such a strong California platform," said Gallion.  "Sheppard Mullin's labor and employment practice has been well known in California for years and the firm has done an excellent job expanding this brand nationally.  The firm's unwavering commitment to client service, diversity, and its top notch practice groups outside of labor and employment were also big draws."

Kaufman is a wage/hour specialist and has handled more than eighty class actions for a wide variety of industries, including banks and mortgage lenders, hospitals, large newspapers, information technology companies, restaurants, and other retailers.  Kaufman also is experienced in litigating employment discrimination cases, including winning several jury trials.  He received a J.D. from University of California, Los Angeles in 1995.

Gallion is a seasoned employment litigator and counselor.  He has significant experience handling complex employment litigation, including California wage and hour class actions and nationwide discrimination class actions.  Gallion has also developed a significant counseling practice, regularly advising clients on the most challenging aspects of employment law, including workforce reclassifications, mergers and acquisitions, reductions in force, and high-profile investigations. He has been recognized as a Southern California Super Lawyer and was recognized by Chambers in 2009 and 2010 as a leader in his field.  Gallion received a J.D., Order of the Coif, from the University of Tennessee in 1995.

Fisch has extensive experience in all aspects of employment litigation, and has successfully defended management before federal and state courts and administrative agencies in defense of complaints for class action and single-plaintiff matters, involving wage-and-hour violations, wrongful termination, age, race, gender, and national origin discrimination, sexual harassment, retaliation, and other statutory, contract and tort-related claims, as well as in relation to union campaigns and elections.  He received a J.D. from New York University School of Law in 1996.  

Sheppard Mullin has 200 attorneys based in its Los Angeles offices and its Labor and Employment practice group includes 75 attorneys firmwide. 


About Sheppard, Mullin, Richter & Hampton LLP

Sheppard Mullin is a full service AmLaw 100 firm with 550 attorneys in 11 offices located in the United States and Asia.  Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions.  In the U.S., the firm's clients include more than half of the Fortune 100.  For more information, please visit www.sheppardmullin.com



Conn. man found incompetent in '92 is held again
Criminal Law | 2010/07/28 04:47

A 76-year-old Connecticut man has been arrested after authorities discovered he was released from a mental hospital in 1992 after being found incompetent to stand trial for a 1991 murder.

Prosecutors say they should have been notified 18 years ago when Pedro Custodio was released from a state hospital in Newtown. Authorities had expected Custodio to be committed to the hospital for much longer.

A judge had asked about the status of the case this month because it had been open for almost two decades. Custodio was arrested Monday and ordered held on $200,000 bail during a court appearance Tuesday.

Custodio's sister tells the Republican-American newspaper that the state approved his release from the hospital. She says his arrest this week amounts to a death sentence.



Woman sentenced to prison for faking breast cancer
Corporate Governance | 2010/07/28 03:45

A judge sentenced a Chattanooga woman to 42 months in prison for faking breast cancer and told her it was "reprehensible" that she took donations of sick leave, money and cancer patient support services for five years.

"It seems like to me some confinement is necessary," Hamilton County Criminal Court Judge Don Poole said Monday after a four-hour hearing in which attorneys for 39-year-old Keele Maynor asked for a probation sentence that would allow her to work and pay about $54,000 in restitution.

Poole added 10 years of probation to the sentence for Maynor, a mother of three, and ordered her taken into custody immediately. She will be eligible for parole after serving one-third of the prison sentence. He ordered her to start making $300 monthly restitution payments after her release.



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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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