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Some of Saudi prince's assets frozen in US
Breaking Legal News | 2008/02/11 03:17
A federal judge this week ordered frozen some of the assets in the United States of Prince Bandar, former Saudi ambassador to Washington, who has been hit by a lawsuit by BAE Systems shareholders, a court source said Sunday.

The British defense group since June has been the subject of a criminal investigation in the United States of possible anti-corruption law violations related to its activities in Saudi Arabia.

Britain's Serious Fraud Office announced in 2006 that it was halting an investigation into claims that BAE Systems set up a slush fund for some members of the Saudi royal family during the giant 1980s Al-Yamamah deal. Press reports said BAE paid two billion dollars in bribes to the prince with staggered payments, a furnished Airbus A340 and a honeymoon for his daughter.

BAE has not denied the payments and in September US shareholders saying they had been injured filed suit against BAE executives and Prince Bandar.

Plaintiffs, after learning Bandar might sell some of his US properties, asked authorities to ensure that profits from any such sales were not allowed to leave the country.

In a decision announced Tuesday Judge Rosemary Collyer, who is handling the case in a Washington federal court, granted their request. The prince can sell his properties as he likes but the product of any sale would remain in a US account in his name, she ordered.



Class actions feel effects of Milberg case
Law Center | 2008/02/11 02:24
As famed class-action lawyer William S. Lerach steps before a federal judge in Los Angeles today to learn his sentence in a wide-ranging fraud and conspiracy probe, his misdeeds and those of former colleagues may be helping to alter the way securities law is practiced.

The number of class actions filed on behalf of disgruntled investors has been dropping, and legal experts say that is partly because practitioners are distancing themselves from the aggressive tactics that made Lerach, 61, and his former partners courtroom legends and lightning rods for critics of the civil justice system.

In some instances, judges have balked at certifying class actions they have deemed frivolous and in others have rejected settlements for paying attorneys at the expense of plaintiffs, sometimes citing the ongoing prosecution of Lerach's former firm, once known as Milberg Weiss Bershad & Schulman.

Lerach left in 2004 to found a San Diego class-action practice now called Coughlin Stoia Geller Rudman & Robbins. Lerach resigned from that firm in October, days before he pleaded guilty to one count of conspiracy.

"What you're watching is a bit of a transition from a world in which class-action practice did have some disreputable aspects to a different model that's much more responsible, publicly oriented and closely regulated," said Stephen Bundy, who teaches law at Boalt Hall, at UC Berkeley.

Lerach's trademark vitriol -- he famously threatened to "destroy" companies that balked at settling -- and his fondness for television cameras may belong to the past. Lawyers who now dominate the field are far less confrontational, Bundy said, and their resumes resemble those of their big-firm opponents.

Several factors may explain the drop in securities class-action filings from the peak years of 2000 to 2004, including, until recently, rising stock prices.

Bundy said, though, that the decline also reflects an evolution from "smaller, informal and slightly shady firms" to more mainstream law practitioners.

Federal rules helped push the change.

Until 1995, the first law firm to file suit could direct the class action and reap the largest legal fees. The rules favored firms with a stable of ready-made plaintiffs: people with a few shares in many companies who were willing to immediately lend their name to litigation. That year, Congress changed the law so the lead law firm should be one that represents the plaintiff with the most significant holdings at risk.

These days, state pension funds and other institutional investors are the major plaintiffs in shareholder suits. Such big-money investors are reluctant to discuss their legal strategies, but litigation watchers contend that they are choosing their lawyers more carefully -- examining a firm's ethical record, for example, and even its campaign contributions.

"There's heightened concern," said San Francisco lawyer Richard Heimann, who represents plaintiffs in securities class actions. Fund managers who have approached him want reassurance "that there weren't any skeletons in our closet," he said, often asking for written declarations from prospective lawyers that they have not been indicted or disciplined by the bar.

The Milberg Weiss prosecutions also are likely to make lawyers more careful, said Stephen Gillers, who teaches legal ethics at the New York University School of Law.

"It has to worry them even if they're doing nothing wrong because the Justice Department has shown its willingness to look into how they do business," he said.

Some institutional investors have opted out of class actions in recent years, believing they would do better on their own, Heimann said.

His firm represented Merrill Lynch in a securities class action against McKesson HBOC a couple of years ago. Class members ultimately recovered 15% of their losses in that case, he said, but Merrill Lynch recouped $150 million -- more than its monetary loss -- by opting out of the class and settling with McKesson separately.

Heimann also helped settle a case last year in which two Alaska public funds recovered 90% of their economic losses by bowing out of the class. It was many times more than they would have gotten if they'd remained in, he said.

Some legal experts say the Milberg Weiss probe also has prompted judges to more closely monitor these cases, particularly those involving that firm or Coughlin Stoia.

Federal rules require judges to ensure that class-action settlements are fair and adequate for individual plaintiffs.

Noting those rules, several companies targeted by Milberg Weiss or Lerach's former firm have asked judges within the last year to refuse class-action status, citing the firm's indictment or Lerach's guilty plea. The motions have met with mixed results.

Lawyers split on whether the case is casting a shadow beyond the two law firms.

New York plaintiffs' lawyer Sean Coffey sees no evidence that judges are scrutinizing settlements or fee requests from other firms more closely. But a Los Angeles defense attorney said that since the prosecution, he has been called into the judge's chambers to justify the legal fees in the case and how much money class members will get.

Those settlement agreements "used to be accepted more readily," said the lawyer, who requested anonymity out of concern that pending settlements might be jeopardized. "Now they make you really explain."

Until his guilty plea in October, the pugnacious, Brillo-haired Lerach was one of the most feared lawyers in the nation, boasting of having wrung billions over the years for investors from Enron Corp., WorldCom and Intel Corp. and a roster of blue-chip corporations.

Many clients and consumer groups credit Lerach with defending them against what he called the "dishonorable and despicable greed" of corporate America. Corporate executives denounced the lawsuits as extortion but usually chose to settle rather than roll the dice at trial, paying out millions to plaintiffs.

Two former partners at Milberg Weiss -- David Bershad and Steven Schulman -- also have pleaded guilty to fraud charges as part of an alleged scheme to pay $11.4 million in illegal kickbacks to clients who agreed to serve as ready-made plaintiffs in class actions. The two men await sentencing for their roles in the conspiracy which, prosecutors allege, earned the firm $250 million in fees from dozens of cases stretching back more than 20 years.

The law firm and co-founder Melvyn Weiss have pleaded not guilty, but the probe has triggered an exodus of lawyers and clients. A trial is scheduled for August.

John Beisner, a Washington lawyer who faced Lerach in a number of fraud suits, said the case marked a milestone. The guilty pleas, he said, have sidelined "some of the great lions of the plaintiffs bar."


Court: EPA must rewrite utility mercury rule
Environmental | 2008/02/11 01:19
In a victory for environmentalists and a setback for big U.S. coal-burning utilities, a federal court ruled on Friday that the Environmental Protection Agency must fundamentally rework its mercury rules for utilities.

The U.S. Court of Appeals for the District of Columbia ruled that the EPA violated the Clean Air Act in 2005 when it exempted coal plants from the strictest emission controls for mercury and other toxic substances like arsenic, lead and nickel.

The EPA's "Clean Air Mercury Rule" would have created a "cap-and-trade" program to allow utilities to swap rights to emit mercury to comply with overall limits that would reduce nationwide emissions by 70 percent by 2018.

Some 14 states, including New York and California, sued the EPA over the rules, along with environmental and public health groups.

The court ruling means that big coal-burning utilities like Atlanta-based Southern Co and American Electric Power of Columbus, Ohio, will have to install expensive mercury-reduction equipment at more of their power plants rather than rely on a fleet-wide trading program.

The ruling adds to the U.S. backlash against building coal-fired power plants, which are also a major source of heat-trapping carbon dioxide emissions.

Wall Street banks including Citigroup Inc, JP Morgan Chase & Co and Morgan Stanley this week issued standards that weigh carbon dioxide and mercury emissions when determining whether to lend money for new power plants.

"This adds to the momentum against building new coal-fired power plants," said John Walke, attorney with the Natural Resources Defense Council, which participated in the lawsuit. "This immediately changes the landscape and adds to the argument against new pulverized coal plants."



Law firms follow money in credit mess
Legal Business | 2008/02/10 14:44

First came the $211 billion in write-downs of subprime debt, now comes the legal bonanza. In the past four months, nearly 20 law firms have set up subprime practices comprising more than 500 attorneys, many of them in New York. Not since the savings and loan crisis two decades ago have so many law firms moved so fast to create a whole new discipline.

“It's a sea change,“ says Marvin Pickholz, the partner in charge of Duane Morris' month-old, 15-lawyer subprime practice group. “These problems are going to expand to such a dimension that it will consume vast amounts of lawyers' time.“

Among the first was powerhouse Greenberg Traurig, which has 1,750 lawyers. It began building what is now a 48-member group in August. Mintz Levin Cohn Ferris Glovsky and Popeo launched its 25-lawyer practice in December; Pepper Hamilton followed in February with its 70-member credit crisis response team. Many other firms, including Bryan Cave, are mulling plans for their own subprime groups.

At Bingham McCutchen, 65 partners make up a subprime practice that didn't exist two months ago. Such top firms often bill in the range of $600 to $800 an hour. Amy Kyle says she is already drawing additional lawyers from the 1,000-attorney firm and is open to hiring more legal talent.

“We'd be opportunistic,“ Ms. Kyle says.

At this point, firms seem to be running ahead of actual demand.

“A client told me that he got seven cold-calls last week from law firms offering their services in this area,“ says John Grossbart, partner at Sonnenschein Nath & Rosenthal and co-head of its 40-lawyer credit markets and subprime lending task force.

So far, much of the work has involved the investment houses that packaged and sold subprime debt. Law firms are being hired to sue or defend such companies as Citigroup, J.P. Morgan Chase, Merrill Lynch and Bear Stearns. The work will by necessity be spread to many firms, as the lawyers who advised banks in the creation of these instruments will face conflicts of interest and most likely be barred from participating.

Mr. Grossbart reports a rise in fraud actions as insurers and other institutional investors absorb huge losses from holdings in supposedly top-rated subprime debt. One of his clients, an insurance company, has been the target of six subprime-related lawsuits in as many months. “Frankly, that's a lot,“ Mr. Grossbart says.

A growing number of investigations launched by federal, state and local authorities have generated further demand. In recent weeks, the U.S. Attorney for the Southern District of New York has launched criminal probes of Bear Stearns and UBS; the Securities and Exchange Commission has begun formal inquiries into Merrill Lynch, UBS, Morgan Stanley and others; and the New York attorney general has subpoenaed Bear Stearns, Deutsche Bank, Morgan Stanley, Lehman Brothers and Merrill Lynch.



Yahoo Board to Spurn $44B Microsoft Bid
Mergers & Acquisitions | 2008/02/10 14:36
Yahoo Inc.'s board will reject Microsoft Corp.'s $44.6 billion takeover bid after concluding the unsolicited offer undervalues the slumping Internet pioneer, a person familiar with the situation said Saturday.

The decision could provoke a showdown between two of the world's most prominent technology companies with Internet search leader Google Inc. looming in the background. Leery of Microsoft expanding its turf on the Internet, Google already has offered to help Yahoo avert a takeover and urged antitrust regulators to take a hard look at the proposed deal.

If the world's largest software maker wants Yahoo badly enough, Microsoft could try to override Yahoo's board by taking its offer — originally valued at $31 per share — directly to the shareholders. Pursuing that risky route probably will require Microsoft to attempt to oust Yahoo's current 10-member board.

Alternatively, Microsoft could sweeten its bid. Many analysts believe Microsoft is prepared to offer as much as $35 per share for Yahoo, which still boasts one of the Internet's largest audiences and most powerful advertising vehicles despite a prolonged slump that has hammered its stock.

Yahoo's board reached the decision after exploring a wide variety of alternatives during the past week, according to the person who spoke to The Associated Press. The person didn't want to be identified because the reasons for Yahoo's rebuff won't be officially spelled out until Monday morning.

Microsoft and Yahoo declined to comment Saturday on the decision, first reported by The Wall Street Journal on its Web site.

Yahoo's board concluded Microsoft's offer is inadequate even though the company couldn't find any other potential bidders willing to offer a higher price.

Without other suitors on the horizon, Yahoo has had little choice but to turn a cold shoulder toward Microsoft if the board hopes to fulfill its responsibility to fetch the highest price possible for the company, said technology investment banker Ken Marlin.

"You would expect Yahoo's board to reject Microsoft at first," Marlin said. "If they didn't, they would be accused of malfeasance."

But by spurning Microsoft, Yahoo risks further alienating shareholders already upset about management missteps that have led to five consecutive quarters of declining profits.

The downturn caused Yahoo's stock price to plummet by more than 40 percent, erasing about $20 billion in shareholder wealth, in the three months leading up to Microsoft's bid.



Writers' Strike Nearing A Resolution
Labor & Employment | 2008/02/10 12:34
Hollywood writers were optimistic they could end a three-month strike that has crippled the entertainment industry after reviewing a proposed deal from studios that increases their payments for online use of TV shows and movies.

Leaders of the Writers Guild of America recommended the deal Saturday to thousands of members gathered on both coasts and warned that holding out for a better deal might be disastrous.

Union chief negotiator John Bowman told writers at the Shrine Auditorium in Los Angeles that "if they push any further, everyone would fall off the cliff," said Mike Rowe, a writer for the animated show "Futurama."

The WGA board planned to meet Sunday and decide whether to authorize a membership vote to lift the strike, according to a person familiar with the plan who requested anonymity because of a media blackout.

If guild members approve, they could be back at work on Wednesday, although formal approval of a contract would have to await ratification by members, which could take two weeks.

Giving writers a 48-hour window to vote on lifting the strike order would help alleviate concerns that the agreement was being pushed too rapidly by the guild's board.

Still, writers seemed confident that the walkout, which cost the Los Angeles area economy alone an estimated $1 billion or more, was coming to a close.

"It's a historic moment for labor in this country," said Oscar-nominated WGA member Michael Moore, who attended the New York meeting.

Carmen Culver, a film and TV writer, lauded the guild "for hanging tough."

"It's a great day for the labor movement. We have suffered a lot of privation in order to achieve what we've achieved," Culver said.

The WGA's first strike in 20 years began Nov. 5 and involved 10,000 members. It idled thousands of other entertainment industry workers, from caterers to security staff, disrupted both TV and movie production and derailed the Golden Globes awards, which was reduced to a news conference because actors wouldn't cross picket lines.

The Grammy Awards, set for Sunday night, were not affected because they received a waiver allowing writers to work on them. But an end to the strike could permit resumption of work for the Feb. 24 Academy Awards show.

A tentative three-year agreement was hammered out in recent talks between the WGA and the Alliance of Motion Picture and Television Producers, with the actual contract language concluded by lawyers on Friday.

According to the guild's summary, the deal provides union jurisdiction over projects created for the Internet based on certain guidelines, sets compensation for streamed, ad-supported programs and increases residuals for downloaded movies and TV programs.



Venezuela threatens U.S. over Exxon fight
International | 2008/02/10 10:36
President Hugo Chavez on Sunday threatened to cut off oil sales to the United States in an "economic war" if Exxon Mobil Corp. wins court judgments to seize billions of dollars in Venezuelan assets.

Exxon Mobil has gone after the assets of state oil company Petroleos de Venezuela SA in U.S., British and Dutch courts as it challenges the nationalization of a multibillion dollar oil project by Chavez's government.

A British court has issued an injunction "freezing" as much as $12 billion in assets.

"If you end up freezing (Venezuelan assets) and it harms us, we're going to harm you," Chavez said during his weekly radio and television program, "Hello, President." "Do you know how? We aren't going to send oil to the United States. Take note, Mr. Bush, Mr. Danger."

Chavez has repeatedly threatened to cut off oil shipments to the United States, which is Venezuela's No. 1 client, if Washington tries to oust him. Chavez's warnings on Sunday appeared to extend that threat to attempts by oil companies to challenge his government's nationalization drive through lawsuits.

"I speak to the U.S. empire, because that's the master: continue and you will see that we won't sent one drop of oil to the empire of the United States," Chavez said Sunday.

"The outlaws of Exxon Mobil will never again rob us," Chavez said, accusing the Irving, Texas-based oil company of acting in concert with Washington.

A U.S. Embassy spokeswoman did not immediately return a call seeking comment.

Venezuelan Oil Minister Rafael Ramirez has argued that court orders won by Exxon Mobil have "no effect" on the state oil company PDVSA and are merely "transitory measures" while Venezuela presents its case in courts in New York and London.

Exxon Mobil is also taking its claims to international arbitration, disputing the terms it was granted under Chavez's nationalization last year of four heavy oil projects in the Orinoco River basin, one of the world's richest oil deposits.

Other major oil companies including U.S.-based Chevron Corp., France's Total, Britain's BP PLC, and Norway's StatoilHydro ASA have negotiated deals with Venezuela to continue on as minority partners in the Orinoco oil project.



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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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