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New head of FOIA office appointed
Legal Business | 2007/04/10 20:12

Attorney General Alberto R. Gonzales today appointed Melanie Ann Pustay as Director of the Office of Information and Privacy. Pustay is a 24-year career civil servant at OIP, starting in the Department in 1983 as an attorney advisor. She has served as Acting Director since January 2007 and replaces Daniel J. Metcalfe as Director.

Pustay manages the Department's responsibilities related to the Freedom of Information Act (FOIA), which include developing policy guidance and ensuring compliance with the FOIA, responding to initial information requests made to the senior leadership offices, adjudicating all appeals from denials by any Department component under the FOIA, and handling FOIA litigation matters. "Melanie brings more than two decades of highly relevant experience and a record of both accomplishment and leadership to this position," said Attorney General Gonzales. "OIP and the Department of Justice will continue to benefit from her insight, expertise and dedication to public service. I'm pleased she has agreed to serve in this critical role."

During her tenure as Acting Director, OIP updated and completed the Department's March 2007 FOIA Guide, compiled the Department's report on compliance with Executive Order 13,392, and issued guidance for other agencies on proper reporting.

Before becoming Acting Director, Pustay served for eight years as Deputy Director of OIP. In that capacity, she oversaw the handling of responses to initial requests made under the FOIA for records of the senior leadership offices of the Department. Additionally, beginning in 2003 and continuing today, she has worked with government officials in China, Argentina, Chile and other countries to assist in implementing guidance for openness-in-government initiatives.

Pustay has extensive FOIA litigation experience and has argued cases before the District Court for the District of Columbia and the Court of Appeals for the D.C. Circuit, including handling a case in 1998 involving access to former FBI Director J. Edgar Hoover's official and confidential files. In 1992, she was responsible for the Department's senior leadership compliance with the President John F. Kennedy Assassination Records Collection Act, which required the federal government to make records of President Kennedy's assassination publicly available.

In 1987, Pustay was given primary responsibility for drafting Executive Order 12,600, which established procedures to provide notice to businesses when their information is sought under the FOIA.

Pustay has received the Attorney General's Distinguished Service Award for her role in providing legal advice, guidance and assistance on records disclosure issues. Pustay worked briefly at a Washington-area law firm before coming to the Department in 1983. She graduated from American University's Washington College of Law in 1982, where she served on Law Review. Pustay received her B.A. from George Mason University in 1979, graduating summa cum laude.

http://permanent.access.gpo.gov/lps9890/lps9890/www.usdoj.gov/ag/foia.htm



Howard K. Stern hires Atlanta lawyer, law firm
Legal Business | 2007/04/09 08:59

Powell Goldstein LLP lawyer L. Lin Wood released a statement Monday saying he will represent Howard K. Stern, an attorney who claims to be the father of Anna Nicole Smith's newborn girl.

Wood, a partner with Atlanta-based Powell Goldstein LLP, was the lead civil attorney for Richard Jewell related to reporting about Jewell in connection with the 1996 bombing of Centennial Olympic Park in Atlanta; the attorney for John and Patsy Ramsey and their son in matters relating to the 1996 murder of JonBenét Ramsey in Boulder, Colo.; the attorney for former U. S. Congressman Gary Condit over the May 2001 abduction and murder of Chandra Levy in Washington; and co-counsel in the civil action in Colorado against NBA star Kobe Bryant.

Stern claims to be the father of Dannielynn Hope Marshall Stern. Celebrity photographer Larry Birkhead, Zsa Zsa Gabor's husband Frédéric Prinz von Anhalt, actor and a former Smith bodyguard Alexander Denk and former Smith boyfriend Mark Hatten all also claim to be the girl's father.



Charter Communications sues law firm for $150 million
Legal Business | 2007/04/07 01:41

Charter Communications Inc. filed a $150-million lawsuit Friday against Irell & Manella, accusing the prominent Los Angeles law firm of "critical errors" in completing a 1999 cable TV acquisition.

Charter's suit, filed in U.S. District Court in Santa Ana, also alleges that Irell concealed its mistakes for as many as nine months in 2002 after learning about them.

Irell has been the longtime counsel for St. Louis-based Charter and its controlling chairman, Paul G. Allen, on a variety of deals, including recent refinancings.

Charter spokeswoman Anita Lamont said Friday that the malpractice claims could not be resolved short of a lawsuit.

Irell partner David Gindler accused Allen of failing to "honor the intent" of the deal that Charter's board approved.

"If Charter suffered any loss at all, our firm was not the cause," Gindler said. "We are confident that we will prevail as the whole story emerges in court."



New Hampshire House passes civil union bill
Legal Business | 2007/04/05 20:24

New Hampshire's House of Representativespassed a bill Wednesday to allow civil unions for gay and lesbian couples, placing the state in line to become fourth in the country to allow such relationships. The large Democratic majority in the House propelled the 243-129 vote, but Democrats hold only a narrow majority in the state Senate. Experts believe that the bill will pass there as well, but it must also be approved by New Hampshire Governor John Lynch, a Democrat who opposes gay marriage and has not publicly indicated if he will sign the bill into law. Lynch's press secretary told Reuters that the governor will discuss the bill with lawmakers before taking any action.

Last month, Washington's State Senate passed a domestic partnership bill, but that state's governor has indicated more enthusiasm about signing it into law.



Lawmakers: Tax increase needed at the pump
Legal Business | 2007/04/04 09:54

Some Michigan lawmakers think a gasoline tax increase is needed to improve the state's roads.

A campaign by Drivemi.org encourages an increase in transportation spending, with a backing from AAA, construction companies, labor groups and chambers of commerce.

A bipartisan bill to increase the gasoline tax nine cents per gallon over the next three years has been introduced in Lansing. But as gas prices increase, are motorists willing to pay more at the pump?

"I think it's necessary. The roads are really bad. I don't know if I'm willing, but I will," motorist Barb Fles told 24 Hour News 8.

"If it will surely help with road repair, I'm for it. But if gas goes up any higher, we're all going to be walking or riding together," adds fellow motorist Mitchell Robertson.

The president of the Michigan Infrastructure & Transportation Association tells us they have analyzed federal and state transportation statistics.

"We've identified the need - $2.7 billion. And that's not paving the streets in gold. That's just getting it to the point of being adequate," said Brian Slagter.

The gas tax currently brings in about $931 million each year distributed six ways - $300 million used by the Michigan Department of Transportation; $300 million distributed among 83 counties; cities and villages receive $170 million; public transit gets $100 million; $37 million goes toward road projects critical to economic development; and $24 million supports bridge, railroad and recreation areas.

It has been ten years since the gas tax was raised. Supporters argue a transportation fund increase would put Michigan on par with surrounding states.

At 19 cents per gallon, Michigan's current gas tax is one of the lowest compared with Illinois and Indiana. The highest is in Pennsylvania, Wisconsin and Ohio - 32 cents, 30 cents, and 28 cents respectively.

24 Hour News 8 spoke with MDOT officials who tell us they prioritize need, and this year everything on their list will get done.

Plus, numerous West Michigan county road commissions have taken a hit when it comes to funding projects.

Supporters of the proposal say if the measure is approved, not only will road conditions improve, but 50,000 new jobs will be created in the process.



US audit panel proposes financial statement rule
Legal Business | 2007/04/03 00:09

U.S. audit authorities on Tuesday proposed auditors specify whether a company's financial restatement is due to an error or a change in accounting principles.

The Public Company Accounting Oversight Board (PCAOB) said the change to their auditing standards would help investors clearly distinguish when a company restated their results to comply with a different interpretation of accounting rules, or made an actual mistake.

"The proposal would specifically focus auditors on ensuring that disclosures about those changes are accurate," board member Charles Niemeier said in a statement.

The standard, however, would not distinguish between different types of mistakes such as the misapplication of accounting rules, mathematical errors or fraud.

The audit watchdog also proposed it align its standards on how auditors evaluate the consistency with which a company applies U.S. accounting rules with a standard released by the Financial Accounting Standards Board, which writes U.S. accounting rules.

The board also asked for public comment on a "concept release" that discusses whether an accounting firm that performed tax services for a company executive should be able to act as that company's auditor later in the same year.

The board said it wanted to hear comments on whether those services would compromise the firm's independence or if prohibiting those services would jeopardize a company's ability to switch auditors.

The financial statement proposal and the "concept release" are available for public comment through May 18.



Study shows $865B/year in U.S. Legal Expenses
Legal Business | 2007/03/30 10:02

The U.S. legal system imposes a cost of $865 billion a year on the U.S. economy, or $9,800 a family, a San Francisco "free-market" think tank reports. The costs associated with civil lawsuits, and the fear of them, is 27 times more than the federal government spends on homeland security; 30 times what the National Institutes of Health dedicates to biomedical research; and 13 times the amount the U.S. education department spends to educate children, the Pacific Research Institute says.

The institute's "Jackpot Justice" study is the first to calculate both the U.S. legal system's direct and indirect costs, study author Lawrence McQuillan says.

Direct costs refer to damage awards, lawyer fees and defense costs -- as well as administrative costs from lawsuits arising after someone breaks a contract or violates a trust resulting in injury to another's person's body, property, reputation, legal rights and the like.

Indirect costs refer to the legal system's impact on research and development spending, the cost of so-called defensive medicine and the related rise in healthcare spending and reduced healthcare access, McQuillan says.

Lost sales of new products "from less innovation" amounts $367.1 billion, the study concluded.



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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 and help you redesign your existing law firm site to secure your place in the internet.
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