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Russian court turns down Khodorkovsky parole bid
International |
2008/08/22 03:01
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A Russian court rejected jailed oil tycoon Mikhail Khodorkovsky's request for parole on Friday, ordering him to serve out the remainder of his sentence in a ruling his lawyer called politically motivated. Khodorkovsky — the former head of Yukos oil company, and once Russia's richest man — was sentenced to prison for eight years in 2005 on charges of tax evasion and fraud in what Kremlin critics slammed as a flawed trial. "Prisoner Khodorkovsky does not deserve conditional early release," Judge Igor Faliliyev said at the Ingodinsky regional court in the Siberian city of Chita, citing as reasons his refusal to take part in professional training in sewing while in prison, and an alleged misdemeanor dating back to October. Khodorkovsky showed little surprise at the decision, appearing calm as the judge finished speaking. As he was hustled out of the courtroom by guards, he said Russia's "legal system will not be reformed anytime soon." Detained since 2003, Khodorkovsky has served more than half of his sentence and has been eligible for parole for the past 10 months. Most of that sentence has been served in the remote Chita region, nearly 4,000 miles east of Moscow. In December 2006, he was moved from a prison camp to a pretrial detention center in the city after new charges were brought against him and his business associate Platon Lebedev. |
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As demand has grown, so has Eltingville law firm
Legal Business |
2008/08/21 07:45
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Similar to a retail shop that increases its product lines to meet customer demand, the law firm of Jonathan D'Agostino & Associates, has ventured into additional areas of jurisprudence. The expansion wasn't part of the original game plan for the 18-year-old firm, which began specializing in personal injury. "I never wanted to be that law firm that claims they do everything, because I do not believe you can do everything well," said founder Jonathan D'Agostino. But when his clients indicated a need for other legal services, D'Agostino didn't want to let them down. He brought legal experts, in a variety of specialties, on board. "We would settle large cases, and clients would ask us to help with estate planning," D'Agostino said. At other times, he said, personal-injury cases would involve clients who were so injured they didn't have the mental capacity to make decisions or handle their settlements, so the firm would be prompted to draft special-needs trusts. Today, in addition to personal injury, the Eltingville-based firm offers a range of legal services, including medical malpractice, estate planning, elder law, criminal defense and Social Security disability. "Rather than refer those types of matters to other firms, we brought in trained and seasoned attorneys to handle things. This also assured our clients the same exceptional service they were used to," D'Agostino said. The firm's Social Security department grew out of the need to service clients who, due to their injuries, could not return to work. Attorney Edward Pavia helps clients like these with Social Security paperwork, hearings and appeals.
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Judge libeled by Boston Herald agrees to step down
Breaking Legal News |
2008/08/21 05:42
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A judge who won a $2 million libel award from the Boston Herald, then sent threatening letters to its publisher, will step down from the bench, a court said Wednesday. Judge Ernest Murphy and the state Commission on Judicial Conduct have agreed Murphy is "permanently disabled" from performing his judicial duties, according to the order from the state Supreme Judicial Court. Murphy has said the libel case took a severe physical and emotional toll and he suffers from post-traumatic stress. The commission initiated a complaint in October, alleging that Murphy suffered from disabilities that affected his performance. The court sealed the complaint and most related documents because they contain personal medical information. Murphy's attorney, Michael Mone, said he was prohibited from commenting on the agreement. Howard Neff, a staff attorney for the commission, would not comment on details of the complaint, but said the court accepted the agreement and "ordered that Judge Murphy shall not sit again as a judge in Massachusetts." The Supreme Judicial Court hasn't decided yet whether to impose on Murphy the commission's recommendation for a 30-day suspension without pay, $25,000 fine and public censure for using court letterhead to write a threatening letter to the Herald's publisher, Patrick Purcell. The agreement allows Murphy to continue to receive his judicial pay for up to four months. During that period, he must use any accrued vacation and sick time. |
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Court says EPA air pollution rule is illegal
Breaking Legal News |
2008/08/21 05:42
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A Bush administration rule barring states and local governments from requiring more air pollution monitoring is illegal, a federal appeals court ruled Tuesday. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit threw out a two-year-old rule that may have allowed some refineries, power plants and factories to exceed pollution limits because the Environmental Protection Agency "failed to fix inadequate monitoring requirements ... and prohibited states and local authorities from doing so." Since 1990, the Clean Air Act has required permits granted to facilities releasing more than 100 tons of any pollutant a year to include enough monitoring to ensure the company is meeting its emissions targets. Approximately 15,000 to 16,000 permits have been issued under the program, mostly by state and local pollution agencies. "We can't have strong enforcement of our clean air laws unless we know what polluters are putting into the air," said Keri Powell, a staff attorney with Earthjustice, who sued the EPA on behalf of four environmental groups. The EPA said Tuesday that it was reviewing the court's decision. But an agency spokesman said the monitoring deficiencies should be remedied on the national level rather than on a case-by-case basis. Appeals court judge Brett Kavanaugh, a former attorney in the Bush White House, wrote the sole dissenting opinion. He said that while EPA and state and local governments may disagree about whether monitoring requirements will adequately measure compliance, he found "nothing in the statute that prohibits EPA's approach." |
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Court says Guantanamo documents should be released
International |
2008/08/21 04:41
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A British court on Thursday gave Foreign Secretary David Miliband a week to reconsider his decision to withhold secret documents that could prove that a man held in Guantanamo Bay was tortured. The High Court made the ruling in the case of Binyam Mohamed, who is accused of conspiring with al-Qaida leaders to attack civilians. Captured in April 2002 in Pakistan, he claims he spent 18 months in Morocco and was tortured there before being flown to an alleged CIA-run site in Afghanistan and later transferred to Guantanamo. The accusation is important in a legal context because evidence obtained by torture will not be admissible during military tribunals being conducted at the detention center at the U.S. Naval base in Guantanamo. "Compelling the British government to release information that can prove Mr. Mohamed's innocence is one obvious step towards making up for the years of torture that he has suffered," Clive Stafford Smith, director of the human rights charity Reprieve, said in a statement. In a statement, the Foreign Office said it is considering the implications of the judgment. The government has cited national security concerns in refusing to hand over documents. Mohamed, an Ethiopian refugee who moved to Britain when he was 15, is the 20th detainee selected for trial at Guantanamo. He has not yet entered a plea. The High Court heard the case over five days in August. Only some sessions were open to the public because of the sensitivity of the information. |
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Merrill, Goldman pressured by Cuomo on auction-rate debt
Business |
2008/08/21 01:43
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Merrill Lynch & Co. and Goldman Sachs Group Inc. face increased pressure by New York State Attorney General Andrew Cuomo to settle claims they misled investors on auction-rate debt as Wachovia Corp. agreed to buy back $9 billion of the bonds.
Merrill's prior offer to repurchase $10 billion of the securities was inadequate and the firm may face ``imminent'' legal action, Cuomo said yesterday. New York has subpoenaed about 25 firms involved in sales of auction-rate securities, including five that then settled. Goldman is among the firms being probed, he said. Wachovia joined Citigroup Inc., Morgan Stanley, JPMorgan Chase & Co. and UBS AG in settlements stemming from a nationwide investigation into why auction-rate securities were marketed as safe as cash until the $330 billion market collapsed. Regulators have sought auction-rate buybacks for customers, reimbursement for consumers forced to sell securities at prices below face value and relief for institutional investors.
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Darryl Snider Joins Sheppard Mullin LA
Law Firm News |
2008/08/20 08:46
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Veteran litigator Darryl Snider has joined the Los Angeles office of Sheppard, Mullin, Richter & Hampton LLP as a partner in the firm's Antitrust practice group. Snider most recently practiced in the Los Angeles office of Heller Ehrman.
Snider's practice focuses on complex litigation, particularly in antitrust, securities class actions, accountants’ liability, mergers and acquisitions, and bank litigation. He has successfully argued a case before the United States Supreme Court for Wells Fargo Bank and won numerous appeals in the Second, Ninth and Eleventh Circuit Courts of Appeals.
Snider has been lead trial counsel for many clients in state and federal courts throughout the country. His impressive list of antitrust representations includes clients such as Mercedes Benz of North America, Philip Morris U.S.A., Altria, Masco Corporation, Unocal, Cytec Industries, Western Refining, Lucky Stores, Medco, C&H Sugar, Tyler Pipe Industries and Pitney Bowes. Snider has also represented KPMG and Deloitte & Touche in civil securities litigation cases and regulatory investigations. In other complex litigation actions, he has represented ARCO, Citigroup, Merrill Lynch, Community Psychiatric Centers, Credit Suisse First Boston, Shell Oil Company and Chevron, among others.
"Darryl is a renowned antitrust attorney, whose brand name, reputation and credibility litigating large cases is unparalleled. With decades of high-profile litigation experience, he is a tremendous addition to the firm. He will be a valuable leader to our national antitrust practice," said Guy Halgren, chairman of the firm.
Commented Snider, "Sheppard Mullin is a growing firm with a strategic vision and excellent lawyers. I am looking forward to expanding its antitrust, securities and complex litigation capabilities in the Los Angeles office. With a practice group that handles a variety of antitrust matters and deep roots in this area of law, Sheppard Mullin offers a strong platform for my practice." Name partner Gordon Hampton helped develop the antitrust laws during the 1950s and was a founder of the ABA's Antitrust Section.
Irv Scher noted, "I have worked closely with Darryl Snider in a number of multi-party antitrust cases in which he usually was lead counsel and argued major motions on behalf of all defendants. Darryl is an outstanding antitrust litigator, great on his feet, and a consensus maker in multi-defendant cases. He should be a welcome addition to the Sheppard Mullin litigation team." Scher is a senior antitrust partner at Weil, Gotshal & Manges and former chairman of the ABA Antitrust Section.
Steve Patton of Kirkland & Ellis commented "I have known Darryl for a decade and have worked on several major antitrust cases with him. He is an outstanding litigator and antitrust lawyer."
Snider received a J.D., magna cum laude, from the University of Michigan Law School in 1974, and a both a Ph.D., with Highest Distinction, in Economics in 1975 and a B.A., Phi Beta Kappa, in 1971 from the University of Michigan.
Sheppard Mullin has more than 150 attorneys based in its downtown Los Angeles office, with close to another 40 based in its Century City office. The firm's Antitrust practice group includes 25 attorneys firmwide.
About Sheppard, Mullin, Richter & Hampton LLP
Sheppard Mullin is a full service AmLaw 100 firm with more than 520 attorneys in 11 offices located throughout California and in New York, Washington, D.C. and Shanghai. The firm's California offices are located in Los Angeles, Century City, San Francisco, Silicon Valley, Orange County, Santa Barbara, San Diego and San Diego/Del Mar. Founded in 1927 on the principle that the firm would succeed only if its attorneys delivered prompt, high quality and cost-effective legal services, Sheppard Mullin provides legal counsel to U.S. and international clients. Companies turn to Sheppard Mullin to handle a full range of corporate and technology matters, high stakes litigation and complex financial transactions. In the U.S., the firm's clients include more than half of the Fortune 100 companies. For more information, please visit www.sheppardmullin.com. |
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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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