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Senators revise climate bill to court GOP support
Breaking Legal News | 2009/12/11 09:10

Senators trying to craft bipartisan climate legislation offered a revised proposal Thursday that would add incentives for building nuclear power plants and open the way for expanded oil and gas drilling off the nation's coastlines in hopes of attracting wider support.

The new framework for a Senate climate bill would ease back requirements for early reductions of greenhouse gases. It calls for cuts in the range of 17 percent by 2020, instead of 20 percent, similar to reductions already approved by the House and what Obama will call for at an international climate conference in Copenhagen.

"We would like to underscore the fact that the framework we are releasing today is a starting point for our negotiations going forward," said Sen. John Kerry, D-Mass.

The framework provided only a broad view of what a compromise bill would include with details to emerge early next year. But it reflects a widespread view that the climate bill that advanced out of committee in early November would need to be significantly revised for any hope of getting bipartisan support from at least 60 senators.



Legal case debates classiness of Flynt family smut
Court Watch | 2009/12/11 06:11

When it comes to peddling porn, Larry Flynt wants you to know his videos of people having sex are a cut above other smut on the rack.

So when a pair of nephews Flynt personally groomed for the porn business decided to launch their own company last year and use the family name, the creator of "Barely Legal," "Busty Beauties" and "Daddy Gets Lucky" wasted no time suing the upstarts for trademark infringement.

Flynt accused his brother Jimmy Flynt's sons in federal court of tarnishing his image by launching Flynt Media Corp. and producing a series of videos he says are nothing but cheap knockoffs.

"The junk they publish hurts my reputation, which in turn hurts my revenue," the gruff, gravelly voiced porn king testified in U.S. District Court this week, where a Flynt family feud is playing out before a stone-faced jury and a no-nonsense judge.

The four women and four men of the mostly middle-aged jury stoically viewed photos of some of the nephews' DVD boxes. Images of naked, well-endowed women on the front and people in all sorts of contortions on the back, were flashed on a giant-screen TV right next to them.



Court rules against Patriot Act challenger
Court Watch | 2009/12/11 05:10

A federal appeals court overturned a lower court Thursday and ruled against an Oregon lawyer once wrongly suspected in a terrorist bombing.

Brandon Mayfield was arrested in 2004 and held for two weeks after his Portland home and office were searched and bugged. The FBI relied on a fingerprint from the Madrid train bombings that killed 191 people.

It turned out the fingerprint didn't belong to Mayfield, who got an apology and $2 million from the federal government.

Mayfield wants to overturn two parts of the USA Patriot Act passed after 9/11 that ensnared him.

A district judge sided with him in 2007. But the 9th U.S. Circuit Court of Appeals ruled Thursday that Mayfield can't challenge the act because the settlement limited his legal options.



Appeals court puts Mattel's Bratz takeover on hold
Breaking Legal News | 2009/12/10 11:02

The pouty-lipped Bratz dolls can strut their stuff a little longer.

A federal appeals court panel in Pasadena on Wednesday suspended an order that MGA Entertainment stop selling Bratz products this year, recall remaining toys and give ownership of the brand to rival Mattel Inc.

Mattel won $100 million last year in a lawsuit that claimed copyright infringement and breach of contract because the dolls' designer was under contract to Mattel when he developed the Bratz concept.

MGA was ordered to transition its Bratz line to Mattel by 2010, but the U.S. 9th Circuit appellate panel stayed the order until it can rule on MGA's appeal.

MGA Chief Executive Isaac Larian says the order is a victory for fair competition.

Mattel says it can't comment until the appeals process is over.



Court OKs Pilgrim's Pride reorganization plan
Court Watch | 2009/12/10 08:01

A court approved chicken producer Pilgrim's Pride Corp. plan for reorganization on Thursday, and the company said it expects to emerge from bankruptcy court protection this month.

Pilgrim's Pride filed for Chapter 11 protection last year facing high debt related to its buyout of rival Gold Kist Inc. in 2007 and rising feed costs that left much of the industry in a slump.

The U.S. Bankruptcy Court in the Northern District of Texas approved the reorganization plan Thursday, the company, based in Pittsburg, Texas, said in a news release.

The plan includes selling a majority stake worth $800 million to Brazilian beef giant JBS. The transaction includes paying off Pilgrim's Pride's creditors in full and distributing new shares to current holders.

The deal, which was announced in September, is unusual for a company in a bankruptcy case; more typically, creditors aren't repaid. The entire deal is valued at $2.8 billion.

Along with a deal to buy Bertin SA, one of Latin America's largest producers and exporters of milk products, beef and leather, buying Pilgrim's Pride would make JBS the world's biggest meat producer. The purchase of Gold Kist, worth more than $1 billion, had made Pilgrim's Pride the largest chicken producer in the U.S., with about 23 percent of the market before it filed for bankruptcy protection last year.



Board Certified In Labor & Employment Lawyer - Jill J. Weinberg
Elite Lawyers | 2009/12/10 01:03

Ms. Weinberg provides corporations with practical and proactive labor and employment law counseling services. She works closely with high-tech and start-up companies in the Richardson, Plano, Frisco and Dallas areas.

Education

Ms. Weinberg received her J.D. from Hofstra University School of Law in 1985 and was an Associate Editor of the Hofstra Law Review.

Ms. Weinberg graduated Magna Cum Laude from the State University of New York at Albany with a B.A. in History and Education.

Honors

Named as a Texas "Super Lawyer" in Labor and Employment law, 2008, 2007, 2006, 2005 & 2003.

Member of Strathmore's Who's Who 2002-2003.

Elected to Membership in the Fellows of the Texas Bar Foundation 2008

Expertise

Successfully negotiating employment and severence packages.

Successfully defending corporations and individuals against sexual harassment, race, age and religious discrimination claims.

Supervising out of state litigation to ensure cohesive and consistent strategies.

Negotiating with federal agencies to reduce liability exposure and avoiding additional liability for monetary fines and attorney fees.

Providing confidential group and one-on-one sensitivity training to individuals.

Professional Experience

Currently

Jill Weinberg has her own firm and practices in the Richardson, Plano and Frisco business communities. Bringing 14 years of experience from two large global law firms, she continues to represent management and executives on employment law matters in the Dallas area. Ms. Weinberg's practice also continues to focus on high-tech and start-up entities.

1989-2000

Haynes and Boone L.L.P., Dallas, TX. Ms. Weinberg served as Of Counsel where she exclusively represented management on labor and employment law matters.

Published decisions: Spector v. Presbyterian Hospital of Dallas, 1997 W. L. 810017 (N.D. Tex. 1997); Stultz et.al., v. Conoco et al., 76 F. 3d 651 (5th Cir. 1996); Ellis v. NationsBank, 842 F.Supp. 243 (N.D. Tex. 1994); Epps v. NationsBank, 7 F. 3d 44 (5th Cir. 1993); Hanchey v. Energas Co., 925 F.2d. 96 (5th Cir. 1990).

1985-1989

Ms. Weinberg also was an associate with the following firms: Epstein, Becker & Green, P.C. Dallas, TX; Hytken, Harlan & Nye, P.C. Dallas, TX; and Freytag LaForce, Rubenstein and Teofan, Dallas, TX.

Columnist/Lecturer/Editor

Ms. Weinberg is an employment law columnist for Inside Collin County Business Journal.

She is a frequent speaker for national and local employment law programs concerning sexual harassment, wage and hour compliance, invasion of privacy, age discrimination and disability discrimination.

Member of the 2005 Advisory Committee SMU-COX MBA Course Essential Law for the Entrepreneur.

She is co-editor of the Employment Law Guide (Haynes and Boone, L.L.P., 1994).

Ms. Weinberg is also co-editor of the Texas Bankers Association Employment Law Manual for Financial Institutions (TBA 1992).

http://wlfirm.com/attorney-profile



Unions pressure Democrats on health insurance tax
Breaking Legal News | 2009/12/10 01:00

Unions leaders, among the most passionate backers of President Barack Obama's health care overhaul, pressed Democratic senators Thursday to drop a tax on high-value insurance plans to pay for remaking the nation's system.

As the Senate entered its 11th straight day of debate on the sweeping legislation, members of several labor unions denounced the proposed tax on so-called "Cadillac plans," arguing it wouldn't just hit CEOs but also middle-class Americans who passed on salary increases to negotiate better health benefits.

"I support health care reform but I can't afford this tax," Valerie Castle Stanley, an AT&T call center worker and member of the Communications Workers of America, said at a news conference outside the Capitol. "For families like mine that are on a budget, the results will be devastating."

At issue is a proposed 40 percent excise tax on insurance companies, keyed to premiums paid on health care plans costing more than $8,500 annually for individuals and $23,000 for families. The tax would raise some $150 billion over 10 years to help pay for the Democrats' nearly $1 trillion health care bill. The legislation, which appears to be edging closer to passage, would revamp the U.S. health care system with new requirements on individuals and employers designed to extend health coverage to more than 30 million uninsured Americans.



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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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