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Bizarre Legal Twist in Anna Nicole Custody Case
Breaking Legal News |
2007/02/09 09:00
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A bizarre twist in the bizarre life of Anna Nicole Smith was revealed today with a lawyer for the former Playmate's boyfriend seeking to have her body DNA tested before the family can claim it. Smith died suddenly on Thursday, aged 39.
Debra Opri represents photographer Larry Birkenhead, who claims paternity of Anna Nicole's four-month old baby Dannielynn.
Opri told Fox News: "Now it's time to put up or shut up," Opri said. "This is despicable what's been happening, and it's got to end. Anna Nicole Smith is dead at the age of 39 because of a lifestyle. I do not want that child anywhere near [Smith's partner] Howard K. Stern, and that's all I'm going to say about it."
It is anticipated that a paternity hearing set down for Friday would proceed. The battle, one of several for Anna Nicole Smith, who has been named in a class action weight loss lawsuit also, started after the baby was born in September. |
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Anna Nicole Legal Battle: What will happen?
Breaking Legal News |
2007/02/09 08:54
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Continually in the tabloids, actress and model Anna Nicole Smith continues to make headlines after her death, as her legal disputes remain undecided and U.S. authorities probe the cause of her sudden death. Authorities said she was rushed to hospital on Thursday afternoon after a private nurse found her unconscious and unresponsive at the Seminole Hard Rock Cafe Hotel and Casino in Hollywood, Fla. Smith, the 39-year-old former Playboy model, died Thursday. Deputy Police Chief Michael Browne said Friday that officials have interviewed everyone connected to the death and no one was under suspicion."Nothing about this death seems suspicious. We're not treating it that way," Browne said. "We're being very thorough. We're going to look at everything." The medical examiner's office also said it began conducting an autopsy on Friday morning. Dr. Joshua Perper, who was scheduled to perform the autopsy, had said Thursday that if Smith died of natural causes, the findings would likely be released quickly. However, definitive results could take weeks, he added. Legal IssuesSmith had been embroiled in several legal disputes prior to her death, including a paternity suit over her five-month-old daughter. Attorney Howard K. Stern, Smith's most recent partner, is listed as the baby's father on the birth certificate. However, her former boyfriend Larry Birkhead has claimed to be the infant's biological father. An emergency court hearing into the paternity suit was scheduled for Friday in Los Angeles. Just last week, Smith had been included in a class-action lawsuit against TrimSpa, which produces a weight-loss pill for which she served as spokesperson. The suit alleges the marketing of the weight-loss supplement was false and misleading. Most prominently, however, Smith — a former Playboy covergirl, playmate of the year and Guess model — was involved in a decade-long battle over the fortune of her former husband, J. Howard Marshall. The Houston-born Smith, a former topless dancer, was notorious for her relationship with the 89-year-old oil tycoon after meeting him at a Texas strip club. They had been married for 14 months when he died in 1995. A federal court in California initially awarded Smith $474 million US, but the decision was later overturned. However, in May 2006, the U.S. Supreme Court ruled that she could continue her fight for the Marshall fortune. |
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William Candelaria joins Gibson, Dunn & Crutcher
Law Firm News |
2007/02/08 15:15
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NEW YORK, Feb. 8 - Gibson, Dunn & Crutcher LLP is pleased
to announce William Candelaria has joined the firm's New York office as
partner. Previously a partner with Mayer, Brown, Rowe & Maw, Candelaria
practices in the areas of mergers and acquisitions, private equity and
capital markets, with a focus on emerging markets, and in particular, Latin
America and Mexico.
"We are pleased to welcome Bill to the firm," said Ken Doran, Managing
Partner of Gibson Dunn. "Our New York office has recently experienced
considerable growth. Bill's practice which combines capital markets and M&A
is complementary to our Latin practice led by Blake Franklin, Kevin Kelley,
Bill Campbell and Steve Guynn."
"Bill is a terrific addition to the firm," said Steven Shoemate,
Co-Partner in Charge of the New York office. "He is bilingual and has
strong credentials in M&A, private equity and capital markets in New York
and in Latin America, a combination that adds breadth and depth to our
team, which is critical as several Latin American markets are poised for
growth. In particular, his experience will be invaluable to our U.S.
private equity clients."
"Gibson Dunn offers a compelling and powerful platform for cross-border
investment and acquisition work," said Candelaria. "The firm is committed
to growing in New York and its corporate, Latin America and other emerging
markets practices. This is an ideal moment to be joining forces with this
dynamic group of lawyers."
About William Candelaria
Candelaria's practice focuses on corporate transactions and private
equity, including stock and asset acquisitions, joint ventures with an
emphasis on cross-border transactions, and private equity investments. He
also has significant experience in capital markets, including debt and
equity offerings by U.S. and foreign issuers, private placements and
off-shore offerings, and U.S. securities law compliance, as well as
corporate finance, including cross-border securitization transactions and
debt restructuring.
His clients have included Societe Generale, Sonangol, CEMEX, Empresa
ICA, Aeroinvest, Grupo Elektra and TV Azteca, as well as private Mexican
hedge funds and Latin American subsidiaries of Fleet Bank and BankBoston.
He is a native Spanish speaker.
He is currently a Board member of New York City Economic Development
Corporation and Lambda Legal Defense and Education Fund. Prior to joining
Gibson Dunn, Candelaria practiced since 2003 with Mayer Brown. Before that,
Candelaria was an associate with Cleary Gottlieb and O'Melveny & Myers.
Candelaria clerked for the Judge Harry Pregerson in the U.S. Court of
Appeals, Ninth Circuit after he received his law degree cum laude from
Harvard Law School in 1995; where he served as Supervising Editor for the
Harvard Law Review. He earned a masters in Latin American studies in 1993
from Stanford University.
About the Firm
Gibson, Dunn & Crutcher LLP is a leading international law firm.
Consistently ranking among the world's top law firms in industry surveys
and major publications, Gibson Dunn is distinctively positioned in today's
global marketplace with 800 lawyers and 13 offices, including Los Angeles,
New York, Washington, D.C., San Francisco, Palo Alto, London, Paris,
Munich, Brussels, Orange County, Century City, Dallas and Denver. For more
information, please visit http://www.gibsondunn.com. |
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PokerTek being sued by Tellis for Breach & Fraud
Court Watch |
2007/02/08 15:10
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AUSTIN, Texas- Barry & Loewy LLP today announced it has filed a multimillion-dollar lawsuit against PokerTek, Inc. (NASDAQ:PTEK) and its Chief Executive Officer, Lou White, for breach of contract and fraud.
The suit was filed on behalf of TELLIS Software, Inc. (“TELLIS”), a Texas software development company. The suit alleges that PokerTek contracted with TELLIS in 2004 to develop the software to run its PokerPro™ electronic poker tables. In exchange for the software, the contract required that PokerTek compensate TELLIS by granting it equity in PokerTek, and providing monetary compensation.
TELLIS fulfilled its contractual obligations and developed the software for PokerTek. However, once PokerTek received the software, the suit alleges it illegally breached its contract with TELLIS and refused to compensate the company for the software.
“In our view, PokerTek took TELLIS’ software without fully paying for it,” stated attorney Adam Loewy, of Barry & Loewy LLP. “With this lawsuit, we hope that PokerTek finally compensates our client for the software, as they originally promised to do.” The suit is seeking millions of dollars in actual and punitive damages. The suit is filed in the Galveston Division of the Southern District of Texas (case number: 3:07-cv-00072).
If you would like to discuss this action or receive a copy of the lawsuit, please contact attorney Adam Loewy via email at aloewy@barryloewy.com or via telephone at 800-892-5044.
Barry & Loewy LLP is a Texas-based trial law firm with offices in Austin, San Antonio and Houston. The firm is active in major litigations pending in federal and state courts throughout the United States. The Barry & Loewy website (http://www.barryloewy.com) has more information about the firm. |
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Industrial Nanotech retains Winston & Strawn
Law Firm News |
2007/02/08 15:07
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Naples, FL (PRWeb) February 8, 2007 -- Industrial Nanotech, Inc. (OTC: INTK), a Company that has developed the Nansulate line of nanotechnology based coatings and products, today announced that it has retained Winston & Strawn LLP as its legal counsel.
Winston & Strawn LLP is an international law firm with offices in Chicago, Geneva, London, Los Angeles, Moscow, New York, Paris, San Francisco, and Washington, D.C. "As we move forward with some of the world's largest companies, many headquartered in other countries, it is essential that we have a large and experienced firm protecting our interests. Winston & Strawn has extensive international contract and patent law experience, which in today's global economy and as we execute our company's strategic plan is becoming increasingly important," stated Stuart Burchill, CEO of Industrial Nanotech, Inc.
"Additionally, their highly capable litigators provide us with the resources necessary to protect our valuable intellectual property and their substantial securities practice can guide us through the intricacies of moving to broader stock exchanges in the future," continued Mr. Burchill.
Winston & Strawn LLP has 900 attorneys among nine offices worldwide. The firm has built its reputation over its 150 year history on the quality and character of its lawyers, past and present, many of whom are recognized leaders in the American legal community. For more information about Winston & Strawn LLP, visit www.winston.com.
About Industrial Nanotech Inc.
Industrial Nanotech Inc. is a global nanoscience solutions and research leader. The Company develops and commercializes new and innovative applications for nanotechnology that address real-world needs through its funding of and participation in research with world-leading scientists and laboratories, including the U.S. Center for Integrated Nanotechnology (CINT) and Princeton Polymers Laboratories. The Company's Nansulate (www.nansulate.com) is a product line of water-based translucent insulation coatings containing a nanotechnology-based material.
For more information about Industrial Nanotech, Inc., please visit www.industrial-nanotech.com. |
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Survey - Majority of Law Firms Lack Succession Plans
Legal Business |
2007/02/08 10:02
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TORONTO, Feb. 8 - Partners or senior lawyers depart from every law
office at one time or another, yet most firms don't plan for this eventuality.
In a recent survey, 53 per cent of lawyers polled said their law firm or legal
department does not have a formal succession plan in place for key positions.
The survey was developed by Robert Half Legal, a leading staffing service
specializing in lawyers, law clerks, paralegals and other highly skilled legal
professionals. It was conducted by an independent research firm and includes
responses from 300 lawyers among the 1,000 largest law firms and corporations
in the United States and Canada. All respondents have at least three years of
experience in the legal field.
Lawyers were asked, "Does your law firm/corporate legal department
currently have a formal succession plan in place for key leaders and
managers?" Their responses:
Yes.......................... 41%
No........................... 53%
Don't know................... 6%
----
100%
"It's understandable that succession planning may sometimes take a back
seat to billable work or urgent legal matters, but law offices should not wait
until a leader departs to begin the process," said Charles Volkert, executive
director of Robert Half Legal. "Creating and implementing a succession plan is
not a quick task - it can take many years to identify and groom a lawyer for
an advanced leadership role."
Volkert recommends that law offices begin by choosing high-potential
employees, providing them with ongoing mentoring and including them in
strategy discussions relating to the operation of the firm or department.
"Succession candidates must be given ample opportunity to build their
skills and leadership abilities in practice management, new business
development, marketing, strategic planning and client service," Volkert said.
About Robert Half Legal
Robert Half Legal is the legal staffing division of Robert Half
International. The company provides law firms and corporate legal departments
with highly skilled professionals, including lawyers, law clerks, paralegals
and legal support personnel, on a project and full-time basis. Robert Half
Legal offers online job search services at www.roberthalflegal.com. |
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Bribery, Fraud and Money Laundering In Iraq
International |
2007/02/07 16:40
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WASHINGTON – A federal grand jury in Trenton, N.J. has indicted three former U.S. Army officers and two U.S. civilians for their role in a bribery, fraud and money laundering scheme involving the theft of millions of dollars from the Coalition Provisional Authority (CPA) in Iraq, Deputy Attorney General Paul J. McNulty announced today. The 25-count indictment unsealed today charges U.S. Army Colonel Curtis G. Whiteford, U.S. Army Lt. Colonels Debra M. Harrison and Michael B. Wheeler, and civilians Michael Morris and William Driver with various crimes related to a scheme to defraud the CPA - South Central Region (CPA-SC) in al-Hillah, Iraq. Whiteford, once the second-most senior official at CPA-SC, was charged with one count of conspiracy, one count of bribery, and 11 counts of honest services wire fraud. Harrison, at one time the acting Comptroller at CPA-SC who oversaw the expenditure of CPA-SC funds for reconstruction projects, was charged with one count of conspiracy, one count of bribery, 11 counts of honest services wire fraud, four counts of interstate transport of stolen property, one count of bulk cash smuggling, four counts of money laundering, and one count of preparing a false tax form. Wheeler, an advisor for CPA projects for the reconstruction of Iraq, was charged with one count of conspiracy, one count of bribery, 11 counts of honest services wire fraud, one count of interstate transport of stolen property, and one count of bulk cash smuggling. Morris, a U.S. citizen in Romania who owns and operates a Cyprus-based financial services business, was charged with one count of conspiracy and 11 counts of honest services wire fraud. Morris was arrested by Romanian authorities on Feb. 6, 2007. The United States is seeking to have him extradited to New Jersey on these charges. Driver, Harrison’s husband, was charged with four counts of money laundering. Harrison and Wheeler, who were previously charged in criminal complaints, remain released on bond. “This indictment alleges that the defendants flagrantly enriched themselves at the expense of the Iraqi people – the very people they were there to help,” said Deputy Attorney General McNulty. “U.S. government officials working in Iraq are not for sale. We will prosecute anyone who attempts to exploit the reconstruction efforts in Iraq for their personal gain.” According to the indictment, from December 2003 through December 2005, Whiteford, Harrison, Wheeler and Morris conspired with at least three others—Robert Stein, at the time the Comptroller and Funding Officer for the CPA-SC; Philip H. Bloom, a U.S. citizen who owned and operated several companies in Iraq and Romania; and U.S. Army Lt. Colonel Bruce D. Hopfengardner—to rig the bids on contracts being awarded by the CPA-SC so that all of the contracts were awarded to Bloom. In total, Bloom received more than $8.6 million in rigged contracts. The indictment alleges that Bloom, in return, provided Whiteford, Harrison, Wheeler, Stein, Hopfengardner and others with over $1 million in cash, SUVs, sports cars, a motorcycle, jewelry, computers, business class airline tickets, liquor, promise of future employment with Bloom, and other items of value. The indictment alleges that Bloom laundered over $2 million in currency that Whiteford, Harrison, Wheeler, Hopfengardner, Stein and others stole from the CPA-SC that had been designated for the reconstruction of Iraq. Bloom then used his foreign bank accounts in Iraq, Romania and Switzerland to send some of the stolen money to Harrison, Stein, Hopfengardner, and other Army officials in return for them awarding contracts to Bloom and his companies. Morris allegedly assisted Bloom in making these wire transfers of stolen CPA funds and in funneling those monies to the co-conspirators. Harrison and her husband, William Driver, for example, allegedly received a Cadillac Escalade as a bribe and used tens of thousands of dollars for improvements to their home in Trenton. Whiteford allegedly received at least $10,000 in cash, a $3,200 watch, a job offer from Bloom, and other valuables. The indictment further alleges that during the course of the conspiracy, Whiteford, Harrison, Wheeler, Stein and Hopfengardner used U.S. currency stolen from the CPA-SC to funnel funds to Bloom for the purchase of weapons which they converted to their own personal use in the United States, including machine guns, assault rifles, silencers and grenade launchers. Stein was sentenced on Jan. 29, 2007, to nine years in prison. He previously pleaded guilty to conspiracy, bribery, money laundering, possession of machine guns, and being a felon in possession of a firearm for his role in the scheme to defraud the CPA-SC. On March 10, 2006, Bloom pleaded guilty to related charges of conspiracy, bribery, and money laundering in connection with the same scheme as Stein. Bloom is scheduled to be sentenced on Feb.16, 2007. On Aug. 25, 2006, Hopfengardner, pleaded guilty to charges of conspiracy to commit wire fraud and money laundering in connection with the same scheme as Bloom and Stein. Hopfengardner is scheduled for a status conference on March 23, 2007. These cases are being prosecuted by Trial Attorneys James A. Crowell IV and Ann C. Brickley of the Public Integrity Section, headed by Acting Section Chief Edward C. Nucci, and Trial Attorney Patrick Murphy of the Asset Forfeiture and Money Laundering Section, headed by Chief Richard Weber, of the Criminal Division. These cases are being investigated by the Special Inspector General for Iraq Reconstruction (SIGIR), Internal Revenue Service Criminal Investigations (IRS), the U.S. Immigration and Customs Enforcement at the Department of Homeland Security (ICE), Army Criminal Investigations Division, the U.S. Department of State Office of Inspector General, and the FBI’s Washington Field Office in support of the Justice Department’s National Procurement Fraud Task Force and the International Contract Corruption Initiative. The investigation has received substantial assistance from the ICE Cybercrimes Division. “These indictments not only serve as a deterrent to future crimes of this nature, but also demonstrate the direct benefits of independent oversight and interagency cooperation in guarding American tax dollars invested in Iraq,” said Special Inspector General for Iraq Stuart Bowen. “SIGIR’s investigative team, now in Baghdad for more than three years, should be proud of their significant contribution in bringing these individuals to justice.” “No matter how complex the fraud scheme, the individuals indicted today illustrate that even military officers are not above the law and will be brought to justice if they engage in procurement fraud in the Iraqi reconstruction. The FBI, in support of the National Procurement Fraud Task Force and the International Corruption Initiative, stands ready to work with our partners to investigate, as appropriate, and to eliminate contract bid rigging, bribery, fraud, and money laundering schemes that hinder the rebuilding efforts in Iraq,” said Assistant Director Michael A. Mason, Criminal, Cyber, Response and Services Branch of the FBI. “Criminals motivated by profit and greed don’t deserve to work alongside the brave men and women of our military serving in Iraq,” said Julie Myers, Assistant Secretary of Homeland Security for ICE. “These charges highlight the federal government’s commitment in targeting suspected bribery, fraud and money laundering involving Iraq reconstruction funds and the war in Iraq. ICE is proud to have contributed its financial investigative expertise to this important joint operation.” “The IRS will use the tax code and money laundering authorities to go after corrupt officials and contractors,” said IRS Commissioner Mark W. Everson. “Sometimes this is the fastest and most direct way to hold accountable those who abuse the public trust, as is clearly the case in this instance.” “We are committed to investigating and rooting out these types of crimes to the fullest, wherever the truth may lead us,” said Brig. Gen. Rodney Johnson, commanding general, U.S. Army Criminal Investigation Command and Provost General of the Army. “This goes against the very fabric of our values as an Army and we will continue to aggressively pursue individuals, in or out of uniform, and companies who commit crimes against the Army, the American taxpayer, and the people we serve.” An indictment is merely an allegation. Defendants are presumed to be innocent until proven guilty. Deputy Attorney General McNulty announced the creation of the National Procurement Fraud Initiative in October 2006, designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs. As part of this initiative, the Deputy Attorney General has created the National Procurement Fraud Task Force (www.usdoj.gov/criminal/npftf), includes federal prosecutors, the FBI, SIGIR, and the Offices of Inspectors General for key federal agencies, and is chaired by Assistant Attorney General Alice S. Fisher of the Criminal Division. The Task Force has formed regional working groups around the country and is addressing many important topics relating to procurement fraud, including international procurement fraud issues, training, potential legislation, and information sharing between agencies. Since the formation of the Task Force, federal prosecutors have brought or resolved 15 different criminal cases involving procurement fraud and have recovered more than $100 million through vigorous enforcement of civil remedies available in procurement fraud cases. Other examples of fraud and abuse cases prosecuted by the Department of Justice in recent months include the following: *On Feb. 2, 2007, former U.S. Army civilian translator Faheem Salam of Michigan was sentenced to three years in prison for offering bribes to a senior Iraqi police official, in violation of the Foreign Corrupt Practices Act; *On Jan. 30, 2007, Gheevarghese Pappen, a U.S. Army Corps of Engineers employee at Camp Arifjan in Kuwait, was sentenced to two years in prison for accepting $50,000 in illegal gratuities from a Kuwaiti contractor; *On Jan. 25, 2007, Peleti “Pete” Peleti Jr., a U.S. Army Chief Warrant Officer, was charged in the Central District of Illinois with receiving a $50,000 bribe in exchange for influencing a food supplies services contract. Peleti served as Army’s Theater Food Service Advisor and was stationed at Camp Arifjan in Kuwait; *On Nov. 13, 2006, four members of the California Army National Guard pleaded guilty to conspiracy charges related to their embezzlement from the U.S. Army while deployed in Iraq. |
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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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