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Google presses for wireless changes
Venture Business News |
2007/07/21 05:52
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If Google has its way with federal regulators, it could change the way millions of Americans use their cell phones and how they connect to the Internet on their wireless devices. In the Internet giant's view of the not-so-distant future, consumers would buy a wireless phone at a store, but instead of being forced to use a specific carrier, they would be free to pick anyone they want. Instead of the wireless carrier choosing what software goes on their phones, users would be free to put any software they would want on it.
Google sees the cost of voice calls and data connections to the Internet being subsidized by advertisements brought to users by Google's powerful online advertising machine. There might even be a Google phone. That vision, according to several analysts, is the reason Google said Friday that it would bid upwards of $4.6 billion for a swath of the nation's airwaves, which are set to be auctioned by the federal government next year -- as long as certain conditions are met. But Google's efforts to position itself on the side of the consumer are also part of a fierce lobbying battle that pits it and other technology companies against wireless carriers, who oppose conditions that Google wants to set on the winners of the auction. Verizon Wireless has called the conditions "corporate welfare for Google." And AT&T rejected Google's latest effort, calling it an "all or nothing ultimatum." Federal Communications Commission Chairman Kevin Martin has come out squarely against two of Google's four proposed conditions. The FCC's rules governing the auction could shape the landscape for the next generation of mobile telephones and wireless Internet use. "When you go to Best Buy to buy a TV, they don't ask whether you have cable or satellite," said Blair Levin, former FCC official who is now an analyst at Stifel Nicolaus & Co. "When you buy a computer, they don't ask what kind of Internet service you have, and the computer can run any application or Google's set of proposed rules would have the FCC require that any devices and any application could be connected to the wireless network using the auctioned spectrum. Further, they would require whoever wins the spectrum make a portion of it available to third parties who want resell it on a wholesale basis, which Google and other Internet companies like eBay, which owns Skype, the Internet phone service, believe is necessary to promote broadband competition. "I want people to have the choice to use our service," said Chris Sacca, head of special initiatives at Google. "That is something that I fear won't exist in this space." Even if Google's service was not blocked outright, an open network would be favorable to Google's business. In an open network, Google would not have to contract with carriers to insert ads into the service, said Paul Kedrosky, executive director of the William J. von Liebig Center for Entrepreneurism and Technology Advancement at the University of California, San Diego. So what would Google do if it actually the rules were put in place and it actually won the auction? Sacca said that Google was not likely to build a wireless network or get into Internet service business itself. "We could offer it to anyone who wants to collaborate with us who embraces our principles of openness," Sacca said. The licenses, considered the beachfront property on the electromagnetic spectrum, are in the 700 megahertz band of radio frequencies which are being surrendered by television stations as they convert to digital broadcasting. The auction, to be held early next year, is expected to raise more than $10 billion in revenues for the government. The FCC has been heavily lobbied in recent months about devising auction rules. It is expected to issue the rules in the coming weeks. Any rules can be adopted only by a majority of the five commissioners. Martin's draft proposal contains some elements of Google's plan but not others. It proposed, among other things, that about one-third of the spectrum being auctioned be available for a so-called "open network" that could be used by any mobile device or service. It also proposed no limits on the software applications used over that network. "We're trying to ensure that we develop a wireless broadband provider who has a more open platform," he said in an interview on Friday. He said he wants the terms of the auction set so the winners invest in upgrading wireless networks. But he also emphasized that his proposed rules permit the winners to resell spectrum. "If you want to be the winner of the auction, we are proposing open handsets and open applications," he said. "If you win, you can be a wholesale supplier. Nothing prevents that." On Thursday, AT&T said it represented a fair compromise. But on Friday, after Google said the Martin's proposal didn't go far enough, AT&T reacted swiftly. "This is an attempt to pressure the U.S. government to turn the auction process on its head by ensuring only a few, if any, bidders will compete with Google," said James W. Cicconi, AT&T, a senior executive vice president, in a statement. "If Google is serious about introducing a competing business model into the wireless industry, Chairman Martin's compromise proposal allows them to bid in the auction, win the spectrum, and then implement every one of the conditions they seek." Verizon was similarly critical. "Google's filing urges the FCC to adopt rules that force all bidders to implement Google's business plan - which would reduce the incentives for other players to bid," said Tom Tauke, Verizon's executive vice president of public affairs, policy and communications, in a statement. Martin is expected to testify about the auction and the proposed rules at a congressional hearing next Tuesday. Some commission officials and telephone industry executives have expressed concern that Google was seeking the imposition of a wholesale requirement so that it could purposefully lose the auction, but still have access to a network at lower cost. Levin, the former FCC official, suggested that Google's latest move may simply be part of the lobbying battle. "There is a significant difference between saying you are going to bid and actually bidding," Levin said. "Lots of people in the context of an auction policy make promises," he said. "Whether they follow through is a different matter." |
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Sony Wants Class Action in Federal Courts
Class Action |
2007/07/20 16:04
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The Sony Electronics Corporation "removed" a class action lawsuit from California state court to federal district court on Tuesday. The lawsuit concerns defects to Sony's "Trinitron" televisions. Sony refuted the complaint but admitted that the amount in controversy exceeds $5 million. "Removal" is a legal term allowing a defendant to move a case from state court to federal court if it believes (and defends a challenge from the plaintiff) that federal court is the correct venue in which to try the suit. The Class Action Fairness Act of 2005 requires that all class actions involving damages exceeding $5 million be brought in federal district courts rather than state courts. In this case, Sony is arguing that because the damages sought will likely exceed $5 million dollars, federal court, rather than state court, is the proper venue.
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Chiropractor sues insurer for discounting bills
Insurance |
2007/07/20 16:02
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A lawsuit that charges Zenith National Insurance Corp. with improperly discounting medical bills that were submitted for payment has been filed in federal court in Los Angeles by an Illinois chiropractor. Woodland Hills, Calif.-based Zenith said Friday that the complaint, which seeks class action status, was filed by Kathleen Roche, a Belleville, Ill.-based chiropractor who conducts business as Back Doctors Chiropractic. The insurer said it has not yet been served with a copy of the complaint. "The company believes that the complaint is without merit and intends to defend the litigation vigorously," Zenith said in a statement. |
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Neely, Callaghan open new law firm
Legal Marketing |
2007/07/20 16:01
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CHARLESTON - What do you get when you combine a former state Supreme Court justice and a former federal prosecutor?
In Charleston, you get Neely & Callaghan, a new law firm opened July 1 by Richard Neely and Mike Callaghan.
"We had known each other for years, of course," Callaghan said of his new partner. "He was working with Roger Hunter, who does business law. But he joined Spilman (Thomas and Battle). So, Richard and I decided to go into business together."
Callaghan said the firm primarily will practice in several areas, with a focus on federal criminal defense, environmental and regulatory law and civil litigation. Callaghan also served as the state Department of Environmental Protection under Gov. Bob Wise, and he was chairman of the state Democratic Party.
"With my experience as a federal prosecutor and with environmental issues and Richard's broad base of experience, we think we've got something pretty good here," he said. "With both of our pasts, we know everybody."
Callaghan described the firm's approach to practicing law.
"We're not specializing in one certain field," he said. "We'll do plaintiff work, defense work. We're like an old-style firm. If someone needs help, we'll be there."
Callaghan did say the firm plans to maintain a small caseload and work with a high-end clientele on complex litigation.
"Clients need to be able to rely on a lead partner," he said. "We'll provide that. We're not going to be a volume firm. We'll be much more personal."
In the office at 159 Summers Street, Callaghan and Neely are the only attorneys, and they have two support staff members.
"Our doors have only been opened since July 1, but things are going really well," said Callaghan, who was with the Tinney Law Firm in Charleston before joining Neely. "Basically, we are two highly experienced and qualified lawyers.
"Richard's experiences in the legal field are very different than mine, and that broad experience helps us bring a level of expertise that is unique."
Callaghan had been as a potential candidate for state Attorney General or state Supreme Court justice in 2008. He lost as the Democratic candidate against Shelley Moore Capito for a House seat in 2004.
He said now simply isn't the time for another run.
"It's flattering to have people holding you in high enough regard to be considered as a potential candidate for those positions," he said. "Truth be told, my focus right now is just building my law practice. So, that's what I see in my future for the time being."
Neely, who also is a former House of Delegates member, was out of town on vacation, but said in a press release that he's excited about working with Callaghan.
"I look forward to this new phase of my life," he said. "Mike and I plan to organize our practice around a small number of difficult cases that clients believe justify the personal attention of senior, experienced lawyers from start to finish."
To learn more about the firm, visit www.neelycallaghan.com. |
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US court suspends Shell Beaufort Sea oil drilling
Environmental |
2007/07/20 15:57
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U.S. federal appeals court has ordered Royal Dutch Shell Plc to suspend drilling operations on offshore oil blocks in the Beaufort Sea off the north coast of Alaska pending a legal challenge being brought by environmental activists and Alaska Native groups. The Alaska North Slope Borough has been leading a legal fight against Shell's drilling plans, arguing that environmental impact assessments prepared by the company are inadequate.
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Court: Judges Need All Detainee Evidence
Law Center |
2007/07/20 11:02
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When Guantanamo Bay detainees challenge their status as "enemy combatants," judges must review all the evidence, not just what the military chooses, a federal appeals court ruled Friday. The U.S. Court of Appeals for the District of Columbia Circuit rejected the Bush administration's plan to limit what judges and the detainees' attorneys can review when considering whether the Combatant Status Review Tribunals acted appropriately. "Counsel for a detainee has a 'need to know' the classified information relating to his client's case," the appeals court ruled. "The government may withhold from counsel, but not from the court, certain highly sensitive information." The appeals court decision is likely to be considered by the Supreme Court as it decides whether detainees should have greater access to U.S. civilian courts. When detainees are brought before military CSRTs, they are not allowed to have lawyers with them and the Pentagon decides what evidence to put forward. Unlike in criminal trials, there is no obligation for the government to turn over evidence that the defendant might be innocent. If the military reviewers determine a prisoner is an enemy combatant, he can challenge that designation in the U.S. Circuit Court of Appeals for the District of Columbia. During that appeal, government attorneys argued, federal judges have the authority only to review the evidence the Pentagon had chosen to put forward during the CSRT hearing. Without all the information, the appeals court said, deciding whether the military reviewers acted appropriately would be like trying to figure out the value of a fraction without knowing both numbers. "The court has resoundingly rejected the government's effort to control the record and to limit an investigation into the truth," said attorney Sabin Willett, who argued the case. Washington, D.C., attorney David Remes said, however, that the court's decision "will turn out to be a prescription for endless litigation in these cases." "The court said that its review goes beyond the information presented to the Combatant Status Review Tribunals, but the court never explains how it can determine what that information might be," said Remes, who represents 17 Guantanamo Bay detainees. Remes also said that "it's clear from the decision that the review under the Detainee Treatment Act falls short of constitutionally required habeas corpus review." The Supreme Court will soon consider whether detainees have the right to challenge their detention in federal courts. That right was stripped away by the most recent terrorism law. Remes said the ruling contains restrictions that "will seriously cripple the lawyer-client relationship." Under the decision, detainees and their lawyers must limit communications to events leading up to a detainee's capture and the conduct of CSRT proceedings relating to the detainee. Jonathan Hafetz, an attorney involved in other detainee cases, said Friday's court ruling is only a minor improvement in a seriously flawed process. "It's definitely better than what the government had proposed but it still doesn't provide for a meaningful process," Hafetz said. The Justice Department argues that the detainees are being afforded more rights than required by law. The government argues that it cannot bring the detainee cases in civilian courts without jeopardizing national security. Friday's unanimous decision was issued by Judges Douglas Ginsburg, Judith Rogers and Karen Lecraft Henderson. Rogers is a Clinton appointee. Ginsburg, the chief judge of the appeals court, is a Reagan appointee. Henderon was appointed by President Bush's father, George H.W. Bush. |
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Ga. Supreme Court Hears Teen Sex Case
Court Watch |
2007/07/20 11:01
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The Georgia Supreme Court heard arguments Friday morning on a pair of appeals in the closely watched Genarlow Wilson case, though no ruling was expected immediately. The courtroom was packed for the hearing, and arguments were broadcast live over the Internet. The hearing came after justices decided earlier this month to speed up the process in the case of Wilson, the Douglas County man imprisoned for receiving oral sex from a 15-year-old girl when he was 17. Wilson's attorneys arguing his 10-year prison sentence is cruel and unusual punishment. The justices are considering two appeals in the case. Georgia Attorney General Thurbert Baker is appealing a Monroe County Superior Court judge's decision to reduce Wilson's felony conviction to a misdemeanor and free him from prison. Baker said the judge overstepped his authority when he granted Wilson's motion last month. Following the Monroe County judge's decision, Wilson's attorneys requested he be released on bond pending Baker's appeal, but on June 27, the trial court in Douglas County denied the request. Wilson's attorneys have appealed that decision. B.J. Bernstein, Wilson's attorney, addressed the bond issue first at Friday's hearing, arguing for 10 minutes that her client should be granted bond while his case is under appeal. "Every day that a defendant spends in jail is a precious day in their life," Bernstein told the justices. Bernstein said that in the past 10 days, "two clients of mine died in prison." Bernstein argued that the trial court, in refusing bond, improperly applied the criminal appeal bond statute when it should have applied the habeas bond statute, since the Monroe County judge had ruled on a writ of habeas corpus, determining that Wilson had the right to make a claim of cruel and unusual punishment. However, Douglas County District Attorney David McDade, the original prosecutor on Wilson's case, countered in his time before the justices that state law is clear that "no appeal bond shall be granted to any person who is convicted of a list of crimes, and aggravated child molestation is included in that list." "It's not vague. It's not gray. It's not subject to interpretation," McDade said. "It is the plain letter of the law that applies in this case." In its appeal of the reduction of the felony conviction to a misdemeanor, the state has argued that the ruling could open the door for many other sexual criminals to have their sentences reduced. Wilson's attorneys argued that such fears are invalid and do not justify maintaining such a harsh sentence for consensual teen sex. Video cameras and still photographers lined the walls well before the arguments began. Outside, satellite trucks and Georgia State Patrol cars were parked all along the street, and security was high. Officers were posted all around the building and on the floor where the Supreme Court meets. Former state Rep. Matthew Towery, the author of the 1995 law Wilson was charged with violating, submitted a friend of the court brief supporting his release. "The General Assembly never intended for the Child Protection Act's harsh felony sentences designed to punish adults who prey on children to be used to punish consensual sexual acts between teenagers close in age," Towery's brief said. The state Legislature in 2006 changed the law, making oral sex between teens close in age a misdemeanor. The state Court of Appeals ruled that the new law could not be applied retroactively and the state Supreme Court upheld that ruling. Bernstein argued in her legal brief that the move by state lawmakers to change the law marked a "tectonic shift in how Georgia views voluntary consensual teen sex and its punishment." "The new reality is that teen sexual experimentation is commonplace in an era where the media bombards teens with sexual imagery," she wrote. Bernstein said it is extremely rare in Georgia for lawmakers to pass legislation softening punishment, especially for an emotionally charged crime like child molestation. But the state countered that it is well established that criminals are subject to the penalty that is in place when they violate the law. To begin to apply legislative changes retroactively would invite chaos and have a far-reaching effect throughout the criminal justice system, Baker argued. |
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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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