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FINRA’s Ex-Enforcement Chief Joins Law Firm
Legal Careers News | 2010/04/15 02:22

Susan Merrill, FINRA's former head of enforcement, has landed a new job as a partner at the New York office of the law firm Bingham McCutchen LLP. Susan Merrill, the former head of enforcement at the Financial Industry Regulatory Authority ( FINRA ), has landed a new job as a partner at the New York office of the law firm Bingham McCutchen LLP.

In March, FINRA announced that Merrill was stepping down at an undetermined date to return to private practice. The agency has yet to name her replacement.

At Bingham, Merrill will join the firm's broker-dealer group and will lead its enforcement practice and advise financial industry clients on regulatory and securities enforcement issues.



Dutch court acquits nurse of killing patients
International | 2010/04/15 02:20

A Dutch appeals court has acquitted a nurse who was once sentenced to life in prison for on charges of killing several patients, and prosecutors have apologized.

Lucy de Berk, now 49, served six and a half years in prison before an extraordinary review of her conviction — which had been upheld by the country's Supreme Court — led to a retrial. A key finding was that a statistician who testified the chances of her innocence were one in 342 million had gravely miscalculated.

The country's Attorney General Harm Brouwers said Wednesday he wishes to restore De Berk's reputation. He said the state is negotiating a financial settlement and in the future will not be so quick to rely on the opinions of outside experts.



Law firms seek to represent dead miners' families
Breaking Legal News | 2010/04/14 09:33

Little more than a week after the disaster, competition among lawyers to represent the families of 29 men killed in the Upper Big Branch Mine disaster has begun.

Massey Energy, the mine's owner, has deep pockets. Lawyers who represent the families could make millions in fees if they can prove company management showed a conscious and deliberate disregard for safety.

Massey has repeatedly denied all such accusations.

At least one well-known local lawyer questioned whether it's proper to seek clients so soon after the tragedy and said he could not bring himself to do it.

Law firms take so-called wrongful death cases for free. Losers earn nothing. Winners typically receive one-third of the amount awarded by the court.

On Tuesday, before all of the miners who died in the blast were buried, Underwood Law Offices, headquartered in Huntington, ran an advertisement in the Charleston newspapers and papers in the coalfields urging families of the miners to call the firm.



SHEPPARD MULLIN AND KELLEY DRYE WIN UNFAIR COMPETITION CASE
Legal Marketing | 2010/04/14 06:26
Perrigo Company of South Carolina, Inc. (NASDAQ: PRGO; TASE) announced today that it won two favorable jury verdicts against Rexall Sundown, Inc. in an unfair competition lawsuit that was brought in the U.S. Eastern District Court of New York. The jury unanimously found that Perrigo’s statement, used on wholesalers’ and retailers’ store brand packaging for joint care products containing Glucosamine and Chondroitin, inviting consumers to compare the products to Rexall Sundown’s Osteo Bi-Flex, is not false and misleading and does not violate Section 43 of the Lanham Act.

In addition, the jury ruled in Perrigo’s favor on its false advertising counterclaim against Rexall Sundown under Section 43 of the Lanham Act based on a statement used by Rexall Sundown on packaging from 2006 to 2008. The jury determined that the Rexall Sundown statement was false and misleading and awarded Perrigo damages.

Perrigo’s Chairman and CEO Joseph C. Papa stated, “This verdict is an important victory for store brands, US retailers and consumers. The jury verdict confirms that statements on our wholesalers’ and retailers’ packaging, inviting consumers to compare store brand products to the higher priced national brand products are fair and legal. This kind of statement helps consumers to identify store brand products they want and helps them save as they choose the affordable, high-quality store brand option. We are gratified with this victory as another accomplishment in making quality healthcare more affordable to the US consumer.”

Perrigo was represented by Paul W. Garrity, Robert S. Friedman and Mark McGrath of Sheppard Mullin Richter & Hampton LLP and John E. Villafranco, Michael C. Lynch, August Horvath, Matthew Marcotte and Joel Hankin of Kelley Drye & Warren LLP.

Perrigo Company is a leading global healthcare supplier that develops, manufactures and distributes OTC and generic prescription (Rx) pharmaceuticals, nutritional products, active pharmaceutical ingredients (API) and pharmaceutical and medical diagnostic products. The Company is the world’s largest manufacturer of OTC pharmaceutical products for the store brand market. The Company’s primary markets and locations of manufacturing and logistics operations are the United States, Australia, Israel, Mexico and the United Kingdom. Visit Perrigo on the Internet (http://www.perrigo.com).

Note: Certain statements in this press release are forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended, and are subject to the safe harbor created thereby. These statements relate to future events or the Company’s future financial performance and involve known and unknown risks, uncertainties and other factors that may cause the actual results, levels of activity, performance or achievements of the Company or its industry to be materially different from those expressed or implied by any forward-looking statements. In some cases, forward-looking statements can be identified by terminology such as “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “potential” or other comparable terminology. The Company has based these forward-looking statements on its current expectations, assumptions, estimates and projections. While the Company believes these expectations, assumptions, estimates and projections are reasonable, such forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond the Company’s control. These and other important factors, including those discussed under “Risk Factors” in the Company’s Form 10-K for the year ended June 27, 2009, as well as the Company’s subsequent filings with the Securities and Exchange Commission, may cause actual results, performance or achievements to differ materially from those expressed or implied by these forward-looking statements. The forward-looking statements in this press release are made only as of the date hereof, and unless otherwise required by applicable securities laws, the Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.



Wichita Bookkeeper Sentenced For Embezzling From Law Firm
Court Watch | 2010/04/14 04:33

A bookkeeper in Wichita has been sentenced to four years and three months in federal prison for embezzling more than $948,000 from a law firm where she worked.

Thirty-four-year-old Vicki J. Olivarez pleaded guilty Monday to two counts of writing checks and forging signatures on the checks while she worked at Pistotnik Law Offices.

In her plea, Olivarez admitted that from 2004 through 2009 she wrote numerous checks on the firm's client trust account and deposited the money into her personal accounts. She used some of the money to make payments on property she owned in Andover.

U.S. District Judge J. Thomas Marten also ordered Olivarez to forfeit $948,041 including her interest in the Andover property.



Groups look for tea party support on nomination
Political and Legal | 2010/04/14 02:32
Conservative groups preparing to fight President Barack Obama over his next Supreme Court nomination are trying to recruit tea party activists to their cause, hoping their enthusiasm will help them beat back any nominee that could be too liberal for their taste.

Bringing in the tea party movement — known for its high-energy rallies and protests calling for small government, lower taxes and less spending — would be a coup for conservatives, who were not able to stop the confirmation of Sonia Sotomayor last year.

This time, "you may have a whole new group of activists involved," said Tom Fitton of the conservative group Judicial Watch.

Obama is considering about 10 candidates for the court and promises to make his choice quickly. His nominee — pending Senate confirmation — would replace Justice John Paul Stevens, who is retiring this summer.



Appeals Court Nominee Ignites a Partisan Battle
Political and Legal | 2010/04/13 08:52

When President Obama nominated Goodwin Liu to be an appeals court judge earlier this year, some on the left cheered. Mr. Obama had previously picked a succession of nominees who they believed were too centrist to counter the conservatives appointed during the Bush administration, they said, but finally he had selected a liberal legal rock star.

But the effort to confirm Mr. Liu, a law professor at the University of California, Berkeley, whose confirmation hearing is scheduled for Friday, has become the toughest fight over any of Mr. Obama’s appeals court nominees. It could be a harbinger for how a strongly liberal pick to succeed Justice John Paul Stevens would play out.

Asked this week whether Republicans would use a filibuster to block a vote on Mr. Obama’s coming Supreme Court nominee, Senator Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee, brought up Mr. Liu’s nomination as an example of the kind of candidate who would merit the use of aggressive tactics.

“I promise a fair hearing, and I promise that the nominee will have a chance to explain any criticisms that are raised,” Mr. Sessions said on NBC’s “Meet the Press” on Sunday. “But if a nominee is one that is so activist like Goodwin Liu that’s just been nominated — who’s written that, that the Constitution requires welfare and health care to individuals — if it’s somebody like that, clearly outside the mainstream, then I think every power should be utilized to protect the Constitution. We’ll not confirm somebody like that.”

Supporters of Mr. Liu, nominated for the United States Court of Appeals for the Ninth Circuit, in San Francisco, argue that critics have exaggerated his writings to portray him as an ideologue. A 2008 Stanford Law Review article by Mr. Liu about welfare rights, which Mr. Sessions referred to, focused on small-scale disputes over Congressionally enacted programs — like “invalidating statutory eligibility requirements” — not creating welfare programs based on judicial fiat.

Still, Mr. Liu has been more open in expressing liberal political views — like support for affirmative action and same-sex marriage — than Mr. Obama’s other appeals court nominees. In that sense, he is arguably the first Obama nominee who is the equivalent of some of the most controversial nominees by Mr. Bush, several of whom Democrats delayed or blocked.

Mr. Liu also earned conservative enmity by criticizing Mr. Bush’s two Supreme Court appointees, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. And a book he co-wrote argues that judges should interpret the Constitution “in light of the concerns, conditions and evolving norms of our society” — an approach some conservatives say enables judges to impose their own political values.



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