A prominent Breckenridge lawyer missing for more than a week may have fled to Brazil, and authorities are trying to account for money that he controlled, according to two sources close to the investigation into his disappearance.
One source said between $1 million and $1.5 million of money from several property sales is unaccounted for.

Breckenridge police are expected to issue an arrest warrant for Royal "Scoop" Daniel III as early as Wednesday, the sources said.

Daniel, 61, was last seen in his Breckenridge law office, located at 130 Ski Hill Road, early the morning of April 27. Later that day, after Daniel missed appointments, his office staff called police.

They found his glasses broken on the floor of his office, near one of his favorite pens, but no sign of the popular attorney. His beloved Golden Retriever, Ben — identified on his law firm's website as his "official greeter" — was also in the office, as were his keys. His car was parked outside.

The state Supreme Court's Office of Attorney Regulation Counsel, which regulates lawyers in the state, has filed a petition for Daniel's immediate suspension today to protect the public, said John Gleason, the head of the regulation office.

Breckenridge Police Chief Rick Holman declined to comment on the status of the investigation this afternoon.

One source said investigators had many questions about how Daniel handled his clients' money. A forensic auditor was brought in to examine the accounts that Daniel controlled or to which he had access.

Another source said investigators were trying to locate between $1 million and $1.5 million that was generated by a series of real estate transactions known as "1031 exchanges" or "like-kind exchanges." Also known as "Starker exchanges," the sales are governed by section 1031 of the Internal Revenue Service code. They allow real estate investors to sell property and defer paying capital gains taxes by rolling the money into a new purchase within six months.

The exchanges are common, and the primary requirement is that the new piece of property cost as much, or more, as the one that was sold. But they do not have to be similar — and investor can sell a condominium complex and buy a warehouse, for example.

The law requires that the second purchase be made within 180 days of the sale.

Daniel acted as a fiduciary — the person who controlled the money between the transactions — in several recent sales, one of the sources said.

The website for Daniel's firm includes a section explaining his expertise in hanlding 1031 exchanges: "The Daniel Law Firm LLC is experienced and capable in acting as a Qualified Intermediary for taxpayers for so long as they are not already clients of the firm."

A divorced father of eight children, Daniel was well known in Breckenridge. He has been a memmber of Father Dyer United Methodist Church and sang in the choir. Friends said the lawyer often had financial problems because he didn't like to charge clients for work. He's also been known to help West Africans who work in the community obtain legal residency, and he has volunteered with a jail inmate ministry.

Daniel's disappearance sparked a massive search involving at least 100 volunteers who joined about 30 members of the Summit County Rescue Group. But neither they, nor bloodhounds, found any sign of him.

However, friends noted in the days after he vanished that he loved Brazil.

"He said many times that if he disappeared he'd go to Brazil," said Nancy Lovell, a former girlfriend, told the Summit Daily News.

Holman, the police chief, would not answer questions about Daniel, his whereabouts, or the status of the investigation.

"We are doing everything we can think of, and I think we owe that to the community, and we owe that to Mr. Daniel," Holman said. "Not for one minute do we think we have all the answers."

Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Northern District of California on behalf of all common stock purchasers of Cutera, Inc. (NASDAQ: CUTR) ("Cutera" or the "Company") from January 31, 2007 to May 7, 2007, inclusive (the "Class Period").

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin Barroway Topaz & Kessler, LLP (Darren J. Check, Esq. or Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbtklaw.com.

The Complaint charges Cutera and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Cutera is a global medical device company specializing in the design, development, manufacture, marketing and servicing of laser and other light-based aesthetics systems for practitioners worldwide. More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the Company's sales force expansion, specifically with regard to the development of the junior sales program, was unsuccessful; (2) that the Company was experiencing unusually high employee turnover in its sales force; (3) that, as a result of the foregoing, the Company's sales force in North America was under-trained and ill-equipped to sell the Company's products in the marketplace; (4) as such, and contrary to earlier representations, the Company was not going to experience a 25 percent revenue growth and was going to experience a dreadful quarter of revenue generation; (5) that the Company lacked adequate internal and financial controls; and (6) that, as a result of the foregoing, the Company's financial and operational projections were lacking in a reasonable basis when made.

Throughout the Class Period, the Company continued to issue press releases that highlighted positive news, although the Company failed to disclose any problems that it was experiencing. Therefore, investors were shocked on April 5, 2007, when the Company issued a press release stating that the Company expected revenue of only $23 million for the first quarter of 2007, significantly below the Company's earlier guidance of $26 million, provided months earlier. On the release of this news, shares of the Company's stock immediately declined $11.72 per share, or over 30.5 percent, to close on April 5, 2007 at $26.67 per share, on unusually heavy trading volume. The value of the Company's shares continued to decline over the following two trading days, eventually closing on April 10, 2007 at $24.85 per share. The cumulative effect of the Company's shocking news over this three day trading period was a total decline of $13.54 per share, or a loss of over 35 percent of their value.

Then on May 7, 2007, the Company finally disclosed that its dismal operating and financial results for the quarter was primarily due to the unsuccessful implementation of a junior sales program and extremely high employee turnover in the Company's sales force. Upon the release of this news, shares of the Company's stock declined 19.97 percent to close on May 8, 2007 at $23.40 per share.

Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz & Kessler which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz & Kessler is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world.

For more information about Schiffrin Barroway Topaz & Kessler or to sign up to participate in this action online, please visit www.sbtklaw.com

If you are a member of the class described above, you may, not later than June 18, 2007, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Schiffrin Barroway Topaz & Kessler or other counsel of your choice, to serve as your counsel in this action.

CONTACT:
Schiffrin Barroway Topaz & Kessler, LLP
Darren J. Check, Esq.
Richard A. Maniskas, Esq.
280 King of Prussia Road
Radnor, PA 19087
1-888-299-7706 (toll free) or 1-610-667-7706
Or by e-mail at Email Contact

Gibson, Dunn & Crutcher LLP is pleased to announce that Eric M. Feuerstein is joining the firm as partner in New York.  Previously a partner with Fried, Frank, Harris, Shriver & Jacobson, Feuerstein has a practice that focuses on high-end, capital-market driven real estate transactions.

"We're delighted to have Eric join the firm," said Ken Doran, Managing Partner of Gibson Dunn.  "A rising star in New York's real estate bar, he will significantly help us expand our national and international real estate practice."

"Eric is highly regarded not only by the New York real estate bar, but also by brokers, owners, developers and bankers," said Steven Shoemate, Partner in Charge of the New York office.  "Eric is a talented and experienced lawyer, who will be a dynamic addition to the firm.  We look forward to working with him as we continue to expand our presence and build on our success in New York."

"I'm very excited about the opportunity that Gibson Dunn has extended to me," Feuerstein said. "My practice fits in nicely with the firm’s real estate practice in New York, nationally and internationally, and I look forward to working together with my new colleagues."

About Eric M. Feuerstein

Feuerstein's real estate practice focuses on acquisitions, joint ventures, leasing, development and financing.  His clients have included landlords, developers and institutional investors.

He recently represented Jamestown Properties in the $1.5 billion sale of its 1121 6th Avenue property (the Fox News building), as well as the $300 million sale of 620 6th Avenue (the Bed, Bath and Beyond building in Chelsea) and in the sale of its condominium interest in the Random House building to The Witkoff Group for $510 million.  He has also recently represented Apollo and Vantage in purchasing $1 billion of residential properties in New York City.

He received his law degree from Benjamin N. Cardozo School of Law in 1995 and his bachelor’s degree, cum laude, from Cornell University in 1991.

About Gibson Dunn’s Real Estate Practice

Gibson Dunn’s Real Estate Group represents, in the United States and Europe, a variety of sophisticated participants in real estate, including institutional debt and equity providers, public companies and privately held entrepreneurial developers, owners and operators.

The lawyers in the Real Estate Group are skilled in a broad spectrum of real estate matters including, among others:

Real estate debt and equity finance
Development
Sales and acquisitions
Land use and environmental
Leasing
Workout transactions
The firm's unique expertise in specialized areas of real estate transactions is supplemented with a full scope of related legal capabilities, including tax, corporate, bankruptcy, environmental and litigation.

http://gibsondunn.com

Alan Lowenstein, a civic leader and founder of one of the state's largest law firms, Lowenstein Sandler, died today. He was 93.

Born in Newark, Lowenstein chaired the city's charter reform movement, which restructured city government during the 1950s to root out corruption. In 1961, he founded his own law firm in Newark and saw it grow from five lawyers to 250, with offices in Roseland and New York City.

In 1999, he founded the New Jersey Institute for Social Justice, which works through the courts and the Legislature to rebuild cities, help prison inmates rejoin society, fight poverty and discrimination and assure equal access to the courts.

Lowenstein also was active in the Essex County Council of Jewish Agencies, the Welfare Federation of Newark and the New Jersey Symphony Orchestra, on whose board he served.

"Alan Lowenstein's vision and leadership helped to create the firm that we are today: one that embraces the ideals of professional excellence, commitment to its clients' interests, civic duty and diversity,'' managing director Michael Rodburg said in a statement posted on the firm's Web page.

Assistant U.S. Attorney Andrew L. Fish asked the judge to delay a prior court session because "the parties are very close to completing plea negotiations."

"The Government anticipates that both defendants will be ready to enter guilty pleas on May 10, 2007," Fish wrote.

The case is the largest yet in a renewed effort by the Justice Department and the Securities and Exchange Commission to root out fraud that puts average investors at a disadvantage in the stock market.

Securities enforcers are probing unusual trading patterns in many companies' stock and options shortly before merger and buyout offers. Dow Jones said last week that it had received inquiries from regulators interested in trades preceding News Corp.'s recent bid for the company.

The Collottas are among more than a dozen defendants nabbed in a widespread insider-trading ring in March. Law enforcement authorities singled out the Collottas because of their special role in protecting the integrity of investment banks and the market as a whole.

Randi Collotta once served as an associate in Morgan Stanley's global compliance division, where she had access to secret information about pending deals involving such clients as Macromedia, Catellus Development, and PacifiCare Health Systems, according to the grand jury indictment against her.

Rather than safeguard the information, however, Collotta passed it along to her husband, also a lawyer, who shared it with co-conspirators, prosecutors said.

Kenneth Breen, a lawyer for Randi Collotta, said yesterday that she would "address these charges in court." Brian Rafferty, a lawyer for Christopher Collotta, declined to comment.

In a joint report released by UN Watch and Freedom House, the organizations outlined a review of candidates to serve on the council, and listed candidate nations Angola, Belarus, Egypt, and Qatar as "not qualified" to serve based on the inadequate human rights records of the countries.

Belarus was included on Freedom House's 2007 list of "The Worst of the Worst", a report detailing the human rights records of the most repressive societies. Last month, UN Secretary-General Ban Ki-moon pressed member nations to work with the council, expressing hope that cooperation would help to end human rights abuses. The Human Rights Council was criticized for its limited successes in Israel and Sudan last year, when both countries refused to accept UNHRC investigative teams. In February, a UNHRC probe to the Darfur region was canceled when Sudan refused to grant a visa to one of the members of the investigation team. In September 2006, the US expressed disappointment with the work of the UNHRC for failing to adequately address violations in Darfur, North Korea, and China and has since refused for a second year to run for election to the body, created last year to replace the largely-discredited UN Human Rights Commission.

Attorney Judson A. Waltman of The Lanier Law Firm represented plaintiff George Coley along with co-lead counsel Chris Carver of Lubbock, Texas-based Gibson Carver, L.L.P.

Mr. Coley, 51, was severely injured on Dec. 31, 2003, when he was struck by an 800-pound casing pipe that had fallen from 30 feet above. The impact crushed his left elbow and caused multiple fractures in his left arm. Doctors say Mr. Coley will have limited use of the arm for the rest of his life.

Witnesses testified during trial that the pipe came loose from a nubbin that was being used to lift the pipe before striking Mr. Coley, a subcontractor employed by Lewis Casing Crews of Odessa, Texas.

In the lawsuit against Big Dog Drilling and Endeavor Energy Resources, Mr. Coley's attorneys said that managers with the two Midland, Texas, companies ignored Mr. Coley's concerns about the condition of the nubbin and told him to go back to work.

"This jury sent a clear message that worker safety comes first," says Mr. Waltman of The Lanier Law Firm. "The first response from the drilling company was to get the drilling operation restarted before caring for Mr. Coley's injuries. That kind of attitude is unacceptable in any work environment, and the jury felt compelled to react accordingly."

The verdict was reached on May 1 before state district judge Jay Gibson in Wood County. The award includes $1.58 million in actual damages and $4.92 million in punitive damages. Jurors assessed $420,000 in punitive damages against Big Dog Drilling and $4.5 million against Endeavor Energy.

With offices in Houston and New York, The Lanier Law Firm is committed to addressing client concerns with effective and innovative solutions. The firm is composed of outstanding trial attorneys with decades of experience handling cases involving pharmaceutical liability, asbestos exposure, business fraud, serious personal injuries, product liability, and toxic exposure.

Lanier Law Firm

CONTACT: Kevin Roberts of Lanier Law Firm, +1-713-659-5200