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Acer buys Gateway, becomes 3rd largest PC maker
Venture Business News |
2007/08/27 08:36
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Taiwan-based Acer computers announced Monday it will buy U.S. company Gateway Computers for $710 million U.S., doubling its presence in the United States and becoming the third-largest PC maker in the world. Acer said the merger would create a multibranded PC company with more than $15 billion in revenue and at least 20 million PC units shipped each year. "This will be an excellent addition to Acer's already strong positions in Europe and Asia," J.T. Wang, Acer's chairman, said in a statement. "Upon acquiring Gateway, we will further solidify our position as No. 3 PC vendor globally." In the second quarter, Acer was the world's fourth-largest PC maker behind U.S.-based Hewlett-Packard, No. 2 Dell, and third-ranked Lenovo Group Ltd. of China, according to research company Gartner Inc. Gateway, based in Irvine, Calif., had the third-largest share of the PC market in the United States, but was well behind Dell and Hewlett-Packard. Under terms of the agreement, Acer will purchase all outstanding shares of Gateway for $1.90 a share — 57 per cent above Gateway's Friday closing price of $1.21. In 1999, Gateway traded at a high of $81.50. |
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Court affirms Prairie State EPA approval
Breaking Legal News |
2007/08/27 07:40
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Peabody Energy said Monday that the air permit for the Prairie State Energy Campus was unanimously affirmed by a three-judge panel from the Seventh Circuit of the U.S. Court of Appeals. The Prairie State Energy Campus is a $2 billion, 1,600-megawatt power plant and coal mine project in Lively Grove, Ill., being developed by a consortium of Midwest utilities, including St. Louis-based Peabody Energy. The court's decision means that Prairie State's advanced technologies will meet or exceed compliance with state and federal regulations to protect the environment. The decision ends a six-year regulatory review process that included approval by the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency. Prairie State will provide electricity to hundreds of communities from Missouri to Virginia. Equity partners include: American Municipal Power- Ohio; the Illinois Municipal Electric Agency; Indiana Municipal Power Agency; Kentucky Municipal Power Agency; Missouri Joint Municipal Electric Utility Commission; Northern Illinois Municipal Power Agency; and Prairie Power Inc. St. Louis-based Peabody Energy (NYSE: BTU) is one of the world's largest coal producers. |
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European giants in class action over BA cargo price-fixing
International |
2007/08/27 06:42
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BRITISH Airways could be forced to pay out hundreds of millions of pounds to settle a class action lawsuit relating to cargo price-fixing, it emerged yesterday. Several European blue-chip companies, including Ikea, Volvo and TNT, are said to have joined the lawsuit and noted that BA has set aside £350 million to pay fines. The airline has already paid out $300m (£174m) levied by the US department of justice (DoJ). Two thirds was related to cargo price-fixing and $100m concerned price-fixing related to passengers. According to documents filed to a US district court, the class action suit concerns shipments valued at $29 billion. Ten present and former BA executives, including the current director of operations, have not received protection from prosecution under a plea agreement between the airline and US prosecutors investigating the price-fixing conspiracy. BA said four of the ten still worked for the airline. Three weeks ago, Willie Walsh, BA's chief executive, assured customers and the media that only a "very limited number of individuals" were involved in the two illegal cartels through which BA had fixed the fuel surcharges. Yet papers released by the DoJ have confirmed that the corruption inquiry into BA went beyond Martin George, its former commercial director, and Iain Burns, its former head of communications, the only two named in the press before this weekend. The DoJ said it was "carving out" ten current and former senior BA executives from an immunity deal that will settle BA's criminal liability in the US. The individuals, who have yet to be charged, could face criminal prosecution and, ultimately, jail. |
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Vick may face long road back to the gridiron
Legal Business |
2007/08/27 04:40
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By agreeing to plead guilty for his role in an illegal dogfighting outfit, Atlanta Falcons quarterback Michael Vick took the first step toward putting 1915 Moonlight Road - the home of Bad Newz Kennels - behind him.
But getting back to the gridiron will be an uphill battle, even for a superstar who is one of the National Football League's top draws, analysts say. Although other NFL players have returned to the game after brushes with the law, Mr. Vick's involvement in dogfighting and allegations that he drowned underperforming dogs have repelled many Americans.
"The situation with Vick is about gambling, it's about cruelty, and it's coming at a time when there's a lot of focus on athletes' behavior," says David Carter, director of the Sports Business Institute at the University of Southern California. "I don't see how he's able to [come back] with all those things in mind."
A recent NBC poll found that 34 percent of respondents had a very negative perception of Vick, while only 1 percent had a very positive perception.
Vick's football career bloomed but never quite blossomed after he was picked first by Atlanta in the 2001 draft. His scrambling ability gave opposing defenses fits. Last year, he became the first NFL quarterback to rush for 1,000 yards in a season. Although the Falcons have had up-and-down seasons under his leadership, Vick became a serious NFL fan favorite. Only wide receiver Randy Moss sold more jerseys.
But the same year he joined the NFL, Vick opened Bad Newz, indictments say. Allegations say that, on at least three occasions, Vick traveled between Atlanta, South Carolina, and Virginia to fight the dogs for money, with some stakes rising to over $10,000 per fight.
A new federal law that makes it a felony to take fighting dogs across state lines carries a maximum sentence of five years in prison and a fine of up to $250,000. Vick's guilty plea most likely would reduce his jail time. Two of his codefendants in their plea agreements received sentences of 12 to 18 months. Theoretically, that length of sentence would allow Vick to return to the NFL for the 2009 season.
But Vick's admission of guilt also adds pressure to already stressed relationships with Falcons owner Arthur Blank, NFL commissioner and ?ber-disciplinarian Roger Goodell, and football fans - all of whom have previously heard Vick plead his innocence.
"Michael Vick is going to have to make a significant act of contrition and embrace a new way of life, and show that he's worthy of redemption to both the NFL and the fans," says Rich Hanley, a pop-culture expert at Quinnipiac University in Hamden, Conn.
To be sure, several other NFL players have come back from felony cases, to various levels of success. In return for testimony against the prime suspects, authorities allowed Baltimore Ravens linebacker Ray Lewis to plead guilty to a misdemeanor charge for obstruction of justice in a trial resulting from a double-slaying at an Atlanta Super Bowl party in January 2000. Mr. Lewis missed the Pro Bowl that year, but returned to not just rebuild his name, but bolster his profile and play in subsequent seasons.
Players like Bam Morris, Art Schlicter, Leonard Little, and Tamarick Vanover have all returned to play after facing serious criminal charges. Mr. Vanover got a second chance with the Chargers in 2002 even after admitting to undercover FBI agents that he set up a $40,000 drug deal.
"My cynical self says that you can do just about anything in the NFL as long as you perform on the field," says Stephen Mosher, a sports management expert at Ithaca College in New York.
In allowing such second chances, sports experts say, both the league and the fans implicitly acknowledge that players are sometimes recruited from the fringes of society and often from poor, rural areas in the South where activities such as dogfighting, while not legal, may be somewhat acceptable.
"You're not [always] going to get choirboys playing this game, it's that simple," says Mr. Mosher. "At the same time, Mike Vick touched the third rail: You don't mess with people's pets."
The NFL is conducting its own investigation. "We totally condemn the conduct outlined in the charges, which is inconsistent with what Michael Vick previously told both our office and the Falcons,"the league said in a statement. The Vick case is the biggest test yet of Commissioner Goodell's push to clean up the league.
The pigskin wunderkind from Newport News, Va., may have to go beyond contrition to win back his lost public - not to mention as much as $100 million in lost compensation and endorsements.
"I don't know of anything quite like this in sports history, so it's hard to say how the public will eventually react," says Mr. Hanley. "Coming back [for Vick] will be a process, not an event."
It's dubious that Vick will return to the Atlanta Falcons. Any general manager who considers Vick in the future will have to weigh his explosive abilities against a potential PR nightmare. And what city is looking for a quarterback? Jacksonville and Tampa might need someone in 2009, but could they find a role for a left-handed tosser with limited playoff experience, even if he came as a bargain?
"Mike Vick doesn't quite fit into that thuggish perception that we have of NFL players," says Alan Caruba, a public relations consultant in South Orange, N.J. "But will this episode sober him sufficiently to understand who he is and his place in this world? That's anybody's guess."
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Illinois court won't reopen Philip Morris case
Law Center |
2007/08/24 08:51
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The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc. Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971. The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year. In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments. But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion. Two Illinois Supreme Court justices, however, dissented. "The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent. |
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AG files friendly challenge of gambling law
Breaking Legal News |
2007/08/24 08:50
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Kansas Attorney General Paul Morrison has filed a lawsuit with the Kansas Supreme Court, challenging the constitutionality of a newly enacted state gambling law. At the request of Gov. Kathleen Sebelius, a gambling supporter, Morrison filed the lawsuit to obtain an opinion by the high court about whether the law is constitutional. Sebelius was seeking to remove doubt about the measure as casino developers put together plans in four areas of the state. The Legislature this spring passed the law, allowing casinos in four "zones" -- Wyandotte County, Ford County, either Sedgwick or Sumner counties and either Crawford or Cherokee counties. The bill also would allow slot machines at dog tracks in Wichita and Kansas City, Kan. But Sedgwick County this month rejected ballot initiatives on both the casino and slot machine questions. A casino is expected to be built in Sumner County. Morrison's lawsuit, meanwhile, will center on the definition of a "state owned and operated lottery," which is allowed under the Kansas Constitution. Questions exist about whether casinos under the new state law actually will be operated by the state. |
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SEC official with local ties to join California law firm
Legal Careers News |
2007/08/24 06:56
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Securities and Exchange Commission member Roel Campos will join the Palo Alto, Calif.-based law firm Cooley Godward Kronish when he leaves the SEC in September, the firm announced Thursday. Campos, 58, a Harlingen native and former Houston radio executive, will become partner-in-chief of the firm's Washington office. Campos, who has served on the commission for five years, announced Aug. 9 he would return to the private sector. Before joining the SEC, he was one of two principal owner/executives of El Dorado Communications, a Houston-based radio broadcasting company. In his new job, Campos will represent companies in SEC enforcement matters and internal investigations, advise corporate boards about governance issues, and counsel private equity, hedge and mutual funds on regulatory matters. "I look forward to advising companies on important issues related to SEC guidelines and corporate governance that will benefit the companies themselves, as well as continue to bolster investor confidence," Campos said in a prepared statement. |
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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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