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Charge dropped against SoCal pedophile
Court Watch |
2007/08/22 07:19
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A self-described pedophile was released from jail after prosecutors dropped a criminal case accusing him of violating a judge's order prohibiting him from being within 30 feet of children anywhere in California for three years. Prosecutors could not pursue the case against Jack McClellan, 45, after they determined the order was invalid because the judge failed to schedule and give McClellan proper notice of a hearing required to argue the merits of imposing such a long-lasting order before it is issued. McClellan was released from jail Tuesday. He was arrested Aug. 13 for investigation of violating the order when he was found near a child care center at the University of California, Los Angeles. He had a camera with him at the time, but he told a local TV station that there wasn't any film in it. McClellan was arrested again — several hours later — this time for trespassing after he did an interview with the TV station on university grounds. He had been told not to return to the campus after his first arrest. Prosecutors did not pursue the trespassing charges. Superior Court Judge Melvin Sandvig issued the order Aug. 3 requiring McClellan to stay at least 30 feet away from every person under age 18 in California for a three-year period, said Nick Velasquez, a spokesman for the Los Angeles city attorney's office.
A three-year order amounts to what is termed a preliminary injunction, and cannot be issued without the statutory hearing and notice requirements, according to the city attorney's office. Superior Court spokeswoman Pat Kelly said Sandvig could not comment because the case is pending. A call to his chambers went unanswered late Tuesday. A cellphone message left for McClellan was not returned. McClellan is unemployed and has been living out of his car. He stirred controversy in Southern California when he arrived this summer from Washington state, where he had lived with his parents. McClellan maintained a website in Washington where he posted photos of children he had taken in public places. He also discussed how he liked to stake out parks, public libraries, fast-food restaurants and other areas where little girls, or "LGs," congregated. His server took his website down more than a month ago. McClellan, who said he lives on supplemental security income and suffers from depression, has maintained that he launched the site as a form of therapy and wouldn't do anything illegal. McClellen also has a hearing set for Friday on a temporary restraining order preventing him from coming within 10 yards of children in the city of Santa Clarita in northern Los Angeles County, authorities said. |
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Womble Carlyle named one of top law firms for women
Law Firm News |
2007/08/22 06:22
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Womble Carlyle Sandridge & Rice has been named as one of the Best Law Firms for Women by Working Mother magazine and Flex Time Lawyers LLC. Best Law Firms for Women honored 50 firms for their commitment to the retention and advancement of female talent.
Working Mother and Flex-Time Lawyers selected law firms based on survey data collected earlier this year measuring a variety of factors, including the number of women in leadership positions, parental leave, child care, flexibility options and programs to help train, retain and advance women. Womble Carlyle will be profiled in the August/September issue of Working Mother magazine. Flex-Time Lawyers is a consulting firm that advises law firms on work/life balance.
http://www.wcsr.com
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TD Ameritrade, E-Trade hold merger talks
Business |
2007/08/22 06:18
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Online brokerage giants TD Ameritrade Holding (AMTD) and E-Trade Financial (ETFC) have been holding talks for weeks about a possible merger, The Wall Street Journal reported Wednesday.
The discussions currently are focused on making sure both companies agree on strategy, and the companies aren't yet close to a deal, the Journal reported, citing unnamed people familiar with the matter. A spokeswoman for E-Trade said the firm's management team believes there is "tremendous value in consolidation that aligns business strategy and operational synergies and will do what is in the best interest of its customers." A spokeswoman for Omaha-based Ameritrade said the company has talked to and continues to talk to industry peers. The companies previously have discussed an alliance but never reached a deal. This time, however, there is the added pressure of two hedge funds with big stakes in Ameritrade that have publicly urged the two companies to talk. Jana Partners and S.A.C. Capital Advisors, which claim to collectively own 8.4% of Ameritrade shares, have been urging Ameritrade to join forces with a major competitor such as E-Trade or Charles Schwab (SCHW) in the interests of the majority of shareholders.
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Lawsuit filed over alleged rape by officer
Court Watch |
2007/08/22 05:38
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A 23-year-old Florida woman who said she was raped last December by an on-duty Inglewood police officer filed a federal lawsuit Tuesday, charging that the department's policies contributed directly to the attack.
The suit, which names as defendants the officer, his partner and the department's top brass, alleges that the Inglewood Police Department's hiring, training and retention policies created an "unrestrained, undisciplined and out of control" atmosphere in which some officers thought that they could "get away with anything and everything." It also contends that the woman was sexually assaulted and falsely imprisoned, and that her civil rights were violated.
Her attorney, Dylan Pollard, said the lawsuit comes many frustrating months after he and his client participated in a private meeting about the allegations with the U.S. attorney's office, the FBI, the Los Angeles County district attorney's office and Inglewood police.
No charges have been filed in the eight-month criminal investigation.
Inglewood police officials said the sexual assault case was still being investigated. They would not say whether that investigation was connected to a separate departmental inquiry into accusations that department employees, during work hours and off duty, have had sex with female masseuses.
Last month, the department announced that it had fired two officers in connection with the masseuse inquiry. Officials declined to name the officers or describe the scope of the investigation other than to say that an unspecified number of employees received "intent to discipline" notices.
Department officials had no immediate comment on the lawsuit.
A spokeswoman for the Los Angeles County district attorney's office said it is still investigating the alleged rape.
The 26-page lawsuit graphically describes what the woman calls a terrifying assault on Dec. 15. It says that she was followed by an Inglewood officer to her Econo Lodge motel room, raped and then forced to give the officer oral sex. Although the woman's identity is revealed in the lawsuit, The Times generally does not identify alleged victims of sex crimes without their permission. The lawsuit also gives the last names of two police officers -- the alleged perpetrator and his partner -- but The Times could not confirm their full names.
Recounting allegations that the newspaper first reported late last year, the lawsuit alleges that the woman was stopped by the two officers as she walked to a fast-food restaurant about 10:30 p.m. on a Sunday to get a late dinner. She was in town with her boyfriend, according to the lawsuit, to visit relatives for the holidays.
As she walked along Century Boulevard, a thoroughfare known for the presence of streetwalkers, the officers stopped her and accused her of being a prostitute, according to the lawsuit.
She denied the accusation and was followed back to her motel, where a night manager confirmed that she was a registered guest.
Nevertheless, the suit contends, one officer insisted that the woman take him to her motel room, where he again accused her of being a prostitute and then, with one hand on his handgun, forced her to have sex.
After the alleged attack, the lawsuit says, the officer left with his partner, who had been waiting downstairs in their patrol car.
Pollard said his client later provided a DNA sample from her alleged attacker to a rape treatment center and that the sample was turned over to the FBI.
The suit also names as defendants Capt. Eve Irvine, who heads the department's detective bureau, and former Chief JuliusDavis.
Loyola Law School professor Laurie Levenson, a former federal prosecutor, said she was not surprised that authorities are still investigating the case and said it did not indicate whether the allegations will lead to a criminal prosecution.
"These cases take some time to wind their way through the system because there is a constant prioritization of investigations," Levenson said. "On the federal side, the priority is terrorism cases, and in the D.A.'s office they have other types of crimes -- murder, serial violent offender -- that are the priority."
Delaying a resolution of such cases, Levenson said, can "be very frustrating for the victim." But barring more information, she said, it was impossible to know whether authorities are moving slower than they should.
"The fact is, they may be taking it seriously," Levenson said. "We have to remember that [the woman's] statement starts the process . . . it doesn't end the investigation." |
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Motorola Faces Purported Class-Action Suit
Class Action |
2007/08/22 05:26
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Motorola Inc. (MOT) faces a purported class action lawsuit alleging it made material misrepresentations to the market, artificially inflating its stock price, attorneys from Brodsky & Smith LLC of Bala Cynwyd, Pa., said Tuesday. The suit was filed in U.S. District Court for the Northern District of Illinois on behalf of shareholders who purchased shares of Motorola, a Schaumburg, Ill., telecommunications company, between July 19, 2006, and Jan. 4. A spokeswoman for Motorola said the company is reviewing the complaint and will respond at the appropriate time. She also said Motorola plans to vigorously defend itself against the allegations. |
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KPMG Defendant to Plead Guilty
Corporate Governance |
2007/08/21 08:49
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One of the five remaining defendants in the government's high-profile tax-shelter case against former KPMG LLP employees is expected to plead guilty ahead of a criminal trial set to begin in October, according to a person familiar with the situation. The defendant, David Amir Makov, is expected to enter his guilty plea in federal court in Manhattan this week, this person said. It is unclear how Mr. Makov's guilty plea will affect the trial for the remaining four defendants. Mr. Makov's plea deal with federal prosecutors was reported yesterday by the New York Times. A spokeswoman for the U.S. attorney in the Southern District of New York, which is overseeing the case, declined to comment. An attorney for Mr. Makov couldn't be reached. Mr. Makov would be the second person to plead guilty in the case. He is one of two people who didn't work at KPMG, but his guilty plea should give the government's case a boost. Federal prosecutors indicted 19 individuals on tax-fraud charges in 2005 for their roles in the sale and marketing of bogus shelters. The government billed the case as the largest tax-fraud case in U.S. history. But last month the federal judge overseeing the case dismissed the charges against 13 of the defendants after finding that prosecutors violated their constitutional rights by pressuring KPMG to cut off payment of their legal fees. The government denies using any undue influence in KPMG's legal fee decision and plans to appeal. If the judge's ruling is reversed, the 13 former defendants could be indicted again. For now, opening statements in the trial against the remaining defendants is scheduled for Oct. 16. Two of the defendants -- John Larson and Robert Pfaff -- left KPMG and formed Presidio Advisory Services, where Mr. Makov worked. Prosecutors allege the firm earned fees helping to sell bogus tax shelters. The other defendants are R.J. Ruble, a former law partner at Sidley Austin LLP, and David Greenberg, a former partner at KPMG. Each of the remaining defendants has pleaded not guilty and is fighting the charges. KPMG admitted to criminal wrongdoing but avoided indictment that could have put the tax giant out of business. Instead, the firm reached a deferred-prosecution agreement that included a $456 million penalty. Last week, the federal court in Manhattan received $150,000 from Mr. Makov as part of a bail modification agreement that allows him to travel to Israel.
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Mattel hit with lead paint class action suit
Consumer Rights |
2007/08/21 08:39
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A class-action lawsuit was filed Monday against Mattel related to its recent recall of more than 1 million lead-tainted toys. The suit seeks money to be used to pay to test for lead in the blood of plaintiffs' children. Last week, Mattel recalled 436,000 "Sarge" lead-painted die-cast vehicles and, earlier in the summer, the toy manufacturer recalled about a million other toys. Jeffrey Killino, of the Philadelphia firm of Woloshin & Killino, filed the lawsuit in Los Angeles Superior Court -- near the company's El Segundo, Calif., headquarters -- to compel the toy giant to set up a fund to test kids who may have been exposed to the recalled products for lead poisoning. Each test, he said, would cost about $50. "The numbers are staggering," he told CNN in a telephone interview. "We need to act fast. The sooner these kids are identified, the better." If a significant number of children were identified as having been poisoned by the heavy metal, Killino said he would consider expanding his suit "to a mass tort action." He acknowledged, though, that it may not be possible to determine whether the exposure was related to the Mattel products or to another potential source of exposure. The Sarge recall affected toys made between May 2007 and July 2007 that contained lead paint. That followed the August 1 recall of 976,000 toys from Mattel's Fisher-Price division -- including Dora the Explorer and Sesame Street characters. Mattel (Charts, Fortune 500) said it subcontracted the work to companies that failed to follow its strict guidelines. Lead is particularly toxic to the bodies and brains of children under the age of seven. Even small amounts can cause learning disabilities and brain damage that may not be diagnosed until years after the exposure. |
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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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