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Thompson debuts in Republican economic debate
Politics | 2007/10/09 05:06
Republican presidential candidate Fred Thompson made a crisp debut in his first 2008 debate appearance on Tuesday, and rivals Rudy Giuliani and Mitt Romney battled over their records on taxes and spending.

Thompson, who did not participate in two debates held since he formally entered the race last month, said the U.S. economy was not headed for a recession and warned against strict trade restrictions on China during the debate with his eight Republican rivals.

But he was a bystander in an early confrontation between Giuliani, former mayor of New York, and Romney, the former Massachusetts governor, who continued their running campaign-trail battle over tax and spending policies while in office.

Giuliani, who leads Republicans in national opinion polls in the November 2008 presidential race, said he brought taxes down 17 percent in New York while Romney let them increase by 11 percent in Massachusetts.

"The point is, you've got to control taxes. But I did it. He didn't," Giuliani said.

Romney shot back: "It's baloney. Mayor, you've got to check your facts. I did not increase taxes in Massachusetts. I lowered taxes."

Thompson and the other Republicans criticized the explosion of federal spending in recent years and said rising budgets and deficits under President George W. Bush had to be tamed. Arizona Sen. John McCain pointed to his own Republican Party as the culprit.



Giuliani law firm sued by high profile Texan
Court Watch | 2007/10/09 02:18

A prominent Texas Republican has sued Rudy Giuliani’s law firm and a close friend and partner of Giuliani’s, Kenneth Caruso, alleging that Caruso, the firm and others "schemed and conspired to steal $10 million."

J. Virgil Waggoner, a Houston businessman and philanthropist, filed the in New York State Supreme Court in Manhattan in July. He alleges that Caruso, his former lawyer, conspired with Waggoner’s investment adviser to cover up the disappearance of $10 million Waggoner invested through a Caribbean bank, the British Trade & Commerce Bank.

Waggoner claims Caruso "may have also been romantically involved"with the investment adviser.

The Caribbean bank was shut down after its handling of Waggoner’s investment came to light, and its president was later jailed for money laundering.

Caruso, Bracewell & Giuliani, and Caruso’s two former firms — all named as defendants — have filed motions to dismiss the complaint on largely procedural grounds, and Caruso’s personal defense lawyer, Fred Warder, called it "meritless."

"It’s a pretty familiar tale of a deal gone bad and the principal trying to scapegoat his lawyers,"Warder said. "We expect it will go away on motions."

The Waggoner lawsuit is the latest messy allegation to hit Giuliani’s private businesses, which include the law firm and his consulting firm, Giuliani Partners, located five blocks from each other in Midtown Manhattan.

His former police commissioner, Bernard Kerik, left the consulting firm after his nomination to head the Department of Homeland Security collapsed amid questions about his personal ethics. Kerik was convicted and fined in 2006 for illegally accepting gifts and failing to report a personal loan while running the police department.

Giuliani and his firm have also faced protests for employing a Giuliani childhood friend and Catholic priest, Alan Placa, who was barred from priestly duties after being accused of molesting boys more than two decades ago. Placa has insisted the charges are false, and Giuliani has stoutly defended him.

Caruso, who joined Bracewell & Giuliani in 2005, was, like many of the former New York mayor’s tight inner circle, an assistant U.S. attorney when Giuliani was U.S. attorney for the Southern District in the Reagan administration.

Later, he worked on Giuliani’s mayoral campaigns. In Giuliani’s book, "Leadership," he describes Caruso as "a close friend"whose advice he sought when he was diagnosed with prostate cancer in 2000.



Ex-Google Manager Can Sue for Age Bias
Breaking Legal News | 2007/10/08 08:23
A 54-year-old former Google Inc. manager who claimed he was fired after a supervisor told him his opinions were "too old to matter" had his age discrimination lawsuit reinstated. Reversing a Santa Clara County trial judge, the state's Sixth District Court of Appeal ruled Thursday that Brian Reid deserves to have a jury hear the evidence he amassed that he says shows Google routinely gave older managers lower evaluations and smaller bonuses than younger managers.

"Reid produced sufficient evidence that Google's (stated) reasons for terminating him were untrue or pretextual, and that Google acted with discriminatory motive such that a fact-finder would conclude Google engaged in age discrimination," Presiding Justice Conrad L. Rushing wrote.

The Mountain View-based search engine company has denied Reid's allegations but also refused to say why he was fired. In court documents, the company said Reid was fired when the program he managed was canceled.

Reid, a former associate electrical engineering professor at Stanford University, sued Google in July 2004, five months after he lost his job as its director of operations.

He alleged in his suit that his supervisors did not initially tell him why he was being fired. Director of Engineering Wayne Rosing, 55, eventually said he was not a good "cultural fit" at Google, where some colleagues referred to him as an "old guy" and "fuddy-duddy," Reid said.

Another supervisor, Urs Hoelzle allegedly said Reid, who is a diabetic, was too sluggish and "too old to matter" and his ideas were obsolete.

Reid is seeking back pay and punitive damages. He made $200,000 a year and lost stock options valued at millions of dollars when he lost his job.



Vonage, Sprint settle patent dispute
Patent Law | 2007/10/08 08:14

Vonage Holding Corp. said Monday it's agreed to pay $80 million to end a patent dispute with Sprint Nextel Corp. and license its technology related to Internet-phone calling. Under the agreement, Vonage plans to pay $35 million for past use of Sprint's patented technology, plus $40 million for future licensing and a $5 million prepayment.

Two weeks ago, a federal jury in Kansas City, Kan. ruled that Vonage violated Sprint's patents and ordered the company to pay $69.5 million in damages.

Holmdel, N.J.-based Vonage is engaged in a similar patent dispute with Verizon Communications Inc. that could prove quite costly.

Battered by legal setbacks, Vonage stock has taken a nosedive since the company went public in May 2006 at $17 a share. Yet the Sprint settlement sent the company's stock up more than 40% to $1.67 in early trades.

In March, a federal jury in Virginia ruled that Vonage violated three Verizon patents related to technology used to link Internet calls to traditional phone networks and to retrieve voice mail. The company was ordered to pay $58 million in damages on top of a 5.5% royalty fee.

Just one day after the Sprint decision, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. upheld the earlier Verizon ruling. The court found that Vonage violated two of the three patents, but send the third patent back to the lower court for further review.

Vonage has developed and deployed technological fixes to get around the Verizon patents in question, but the courts have not ruled on whether the "workarounds" are valid.
"Vonage has taken steps to ensure that the workarounds do not infringe on the Verizon patents as construed by the court," spokesman Charles Sahner said.

Vonage provides inexpensive Internet-phone service to almost 2.5 million customers, although growth has slowed recently. The company has scaled back marketing expenses to save money while it sorts through its legal issues.



Democrats See Wedge Issue in Health Bill
Politics | 2007/10/08 06:15

Representative John R. Kuhl Jr. of New York received just his second telephone call ever from his state's Democratic governor, Eliot Spitzer, last week and was not surprised at the topic: children's health insurance.

"He said, 'I am calling you to come over to the dark side,' " said Mr. Kuhl, who was urged by the governor to drop his opposition to health care legislation and join the effort to override President Bush's veto of the bill.

Mr. Kuhl, a Republican who narrowly survived the Democratic sweep of 2006, said he was unlikely to budge. As a result, voters in his district will also be getting calls - from Democrats and advocacy groups who are planning a telephone, radio, television and even text-message barrage against Republicans over what is shaping up as a defining domestic policy issue of the 2008 campaign.

Democrats believe they have Republicans - short on campaign cash, contending with a spurt of retirements and quarreling - on the run over the legislation, the State Children's Health Insurance Program. Party leaders say the willingness of so many House Republicans to stick with Mr. Bush in the face of bipartisan backing for a $35 billion expansion of the program to provide insurance for poor children will prove costly as Election Day looms a year from now.

"They know they cannot sustain this vote in the fall of 2008 and they are praying it gets worked out before then," said Representative Rahm Emanuel of Illinois, chairman of the House Democratic Caucus.

The Health and Human Services secretary, Michael O. Leavitt, said Sunday that Mr. Bush was ready to work it out. "The president has already said, 'I want a compromise,' " Mr. Leavitt said on the ABC program "This Week." But Democrats say that they have already compromised with Senate Republicans and they are in no hurry to scale back the plan.

Republicans acknowledge they could suffer some short-term damage from an issue easily framed as either favoring health care for poor children - or not.

"Certainly in the immediate, superficial look, everybody is for covering kids who don't have health insurance," said Representative Adam H. Putnam of Florida, chairman of the House Republican Conference.

But he and other Republicans say they eventually can turn the issue to their advantage by making the case that Democrats are spending too much, taking a first step toward national health care and devoting tax money to coverage for some families who can afford insurance. They contend their stance could have special resonance with conservatives unhappy with the recent Republican reluctance to resist popular spending programs.

"If this was October of next year, I'd be really worried," said Representative Roy Blunt of Missouri, the second-ranking House Republican. "But this is October of this year and the beginning of us getting our credibility back by showing that we are willing to take principled stands on spending."

House Republican leaders are confident they can hold their forces together and sustain the president's veto in a vote scheduled for Oct. 18. But over the next two weeks, Mr. Kuhl and more than two dozen other Republicans will face an onslaught of advertisements and public activities intended to put pressure on them to vote to override it.

The Democratic Congressional Campaign Committee is taking on eight Republicans in competitive districts with a series of automated calls and radio advertisements that remind listeners that their lawmaker gets taxpayer-paid health care while opposing the expansion of the program administered by each state.

Beginning Monday, a coalition of liberal and labor groups will start a $1 million advertising effort, with a national advertisement to run on cable channels and local advertisements aimed at specific lawmakers. The national commercial shows a series of children beginning with a baby girl and states, "George Bush just vetoed Abby." It says Mr. Bush puts excessive war spending over health care at home.

"The president's 'yes men' in Congress need to stand up to Bush and stand up for families who work hard but simply can't afford insurance," said Brad Woodhouse, president of Americans United for Change, one group leading the effort.

The health care fight is coming at an inopportune moment for Congressional Republicans. In the Senate, a string of retirements has created openings for Democrats to increase their slim majority. House Republicans have had retirements of their own and party fund-raising is lagging behind Democrats by a wide margin.

The Republican targets of the advocacy campaign say they do not view it as much of a threat, saying many of their voters will not consider the advertisements credible and that tactics like robocalls can backfire.

"I don't worry about it," said Representative Steve Chabot of Ohio, who noted that he strongly supported the insurance program when it was created in 1997. "I am perfectly satisfied with my vote and there is a range of reasons why I think this is a bad bill."



Roe Vs. Wade For The Securities Industry
Legal Business | 2007/10/08 04:19

This Tuesday promises to be a historic day for the securities industry. At stake? The very integrity of our financial system, according to one pension fund manager. The dramatic verbiage is not misplaced. Without question, there's a lot riding on the outcome of StoneRidge Investment Partners LLC vs. Scientific Atlanta, the high-profile securities case scheduled to be heard by the Supreme Court this week.

Characterized by some as the "Roe vs. Wade for the securities industry" and others as "the most important securities case in a generation," the eventual decision will have a significant impact on whether investors in companies that commit securities fraud should be able to sue investment banks, accountants, lawyers and others who were direct "participants" in that deception. Current shareholders' rights for going after third parties that aid or abet corporate fraud are not as clearly defined as one would think.

First, a quick synopsis of the StoneRidge vs. Scientific Atlanta case: In 2000 to 2001, technology companies Motorola and Scientific Atlanta (now owned by Cisco Systems) allegedly agreed to supply cable TV provider Charter Communications with equipment at a $20 premium over the traditional cost with the knowledge that Charter intended to account for the transactions improperly as advertising revenues (the vendors used the extra funds to buy advertising space).

These "sham" transactions inflated Charter's revenue by $17 million. When the revenue inflation came to light in 2002, Charter's stock crashed from $26.31 to 76 cents, a $7 billion loss in market cap. StoneRidge, an institutional investor in Charter, accused the two vendors of participating in a "scheme to defraud" investors and now wants the right to sue them for remediation.

StoneRidge's ability to go after the tech companies remains thwarted, however, by the outcome of a 1994 Supreme Court case known as Central Bank vs. First Interstate. The Court held that while all "primary actors"--those who were directly part of a scheme (the emphasis is mine) to defraud investors--can be sued for federal securities fraud, the "secondary actors" who aided and abetted the fraud cannot be sued. This case once again raises this all-important issue of third-party liability in securities cases, settling it once and for all.

As an advocate for individual investors, it's not surprising, I'm sure, to hear me contend that all participants who directly engage in activities to deliberately defraud investors be held liable for their actions. Whether the Court will agree with me depends on their definition of the word "scheme" under the federal securities statute.

If you look it up in the dictionary, one definition for the word has it as a synonym for an underhand plot or conspiracy. Since it generally takes two or more to plot and conspire, it could be reasonably argued that the use of the word "scheme" in the statute should allow for more than just one party (such as the investment banks, accountants and lawyers) to be labeled the "participants" in the fraud and hence be held accountable.

If the Court's strict constructionists are to be intellectually honest in their interpretation of the meaning of "scheme" liability in StoneRidge next week, it would prove a revolutionary milestone in the saga of investor rights. Shareholders would be granted a much more level playing field to target for recourse those who had targeted them for fraud.

Sadly, smart money is probably better waged on the Court reaffirming the Central Bank decision from 13 years ago, thereby remaining consistent with its general pro-business stance and previous decisions that limit lawsuits against public companies. While such a toe-the-line decision would generate sighs of relief in the boardrooms of otherwise culpable investment banks, accounting firms and law firms, it is the groans of disappointment at the kitchen tables of victimized shareholders that should ultimately resonate more loudly.

The corporate scandals of recent years may have faded from the headlines, but they are still fresh in the minds of American investors. Their confidence in Wall Street already badly shaken, shareholders need more than empty "we've changed" promises from a mostly self-regulating Wall Street to restore their trust in the system. What they need is for the Court to hold all participants in a fraudulent "scheme" just as responsible as those considered the primary actors.



Bush defends US interrogation methods
Politics | 2007/10/07 11:06
President Bush defended his administration’s methods of detaining and questioning terrorism suspects on Friday, saying both are successful and lawful. "When we find somebody who may have information regarding a potential attack on America, you bet we’re going to detain them, and you bet we’re going to question them," he said during a hastily called Oval Office appearance. "The American people expect us to find out information, actionable intelligence so we can help protect them. That’s our job."

Bush volunteered his thoughts on a report on two secret 2005 memos that authorized extreme interrogation tactics against terror suspects. "This government does not torture people," the president said. Meanwhile, Senate Armed Services Committee Chairman Carl Levin, D-Mich., demanded a copy of a third Justice Department memo justifying military interrogations of terror suspects held outside the United States.

In a letter to Attorney General-nominee Michael Mukasey, Levin wrote that two years ago he requested - and was denied - the March 14, 2003, legal opinion. Levin asked if Mukasey would agree to release the opinion if the Senate confirms him as attorney general, and cited what he described as a history of the Justice Department stonewalling Congress.



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