Former Twin Cities lawyer pleads guilty of cheating firm
Legal Topics | 2010/06/09 19:14

Former Twin Cities attorney Michael S. Margulies pleaded guilty in federal court Tuesday to wire fraud, admitting that he embezzled $2 million from his former law firm and its clients.

The plea was the result of a deal Margulies, 56, struck with federal prosecutors. U.S. District Judge David Doty accepted the plea and ordered a presentence investigation to help him decide what punishment the former real estate attorney should get when he's sentenced.

Federal sentencing guidelines call for a maximum of 20 years in prison on wire fraud.

Margulies was released until sentencing, with no date set.

The plea came 13 days after Margulies was charged with a single count of wire fraud. The felony charge was the most recent event in a fallen career.

Margulies had been a partner at Lindquist & Vennum, one of the Twin Cities' most prestigious law firms, and he lived in a $1.5 million mansion on St. Paul's Summit Avenue. He was a member of the St. Paul Planning Commission and served on the board of the Children's Theatre Company in Minneapolis.

But in March, his law partners determined he was taking money from the firm and some of its clients. They fired him and reported the alleged thefts to authorities. The Minnesota Supreme Court disbarred him in April.

The criminal charge said that from 1994 to this year, Margulies embezzled about $2 million through false documents, false expenses, false invoices and forged checks.



Weinberg Law Firm - Dallas Employment Law
Legal Topics | 2010/05/29 23:57
Overtime claims and compliance

Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work.  Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review.  This is especially true when it comes to overtime claims.

Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay.  Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime.  Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.   

If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors.  The employees may also be awarded double (liquidated) damages.  Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit.  If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.  

This is a predicament in which companies do not want to find themselves.  Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.


Stevens denies Blagojevich request for delay
Legal Topics | 2010/05/29 23:51

The Supreme Court on Friday refused to delay ousted Illinois Gov. Rod Blagojevich's trial on corruption charges, set to begin next week.

Justice John Paul Stevens rejected Blagojevich's request without comment. His decision came shortly after the Obama administration told the high court that it opposed Blagojevich's request.

The former governor's trial is scheduled to begin on Thursday.

In Chicago, Blagojevich attorney Sheldon Sorosky said after hearing about the decision that the former governor's legal team was ready for the trial to get under way.

"We didn't prepare presuming that the Supreme Court would rule in our favor — we prepared for the worst," Sheldon Sorosky said. "The Supreme Court has ruled and that's that."

Blagojevich had asked the high court to delay his trial until the justices rule first in pending cases about the constitutionality of the federal honest-services fraud law. Prosecutors have charged Blagojevich with violating the fraud law and other crimes.

Acting Solicitor General Neal Katyal said the evidence on the honest services charges "is the same as that underlying the bribery, extortion, and racketeering counts." That means the flow of the trial won't be affected by what the Supreme Court says about the honest services charges, Katyal said in court papers.



As immigration fades, Emanuel role under scrutiny
Legal Topics | 2010/05/24 16:23

Prospects for an immigration overhaul are fizzling this year and some Democratic lawmakers are focusing blame on the pugnacious Democratic operative who works just down the hall from President Obama.

Rahm Emanuel, White House chief of staff and longtime party strategist, has argued privately that it's a bad time for Democrats to push an immigration bill, a potential landmine in the midst of a crucial mid-term election.

Emanuel's stance, coupled with his long-held wariness about the politics of immigration, is emboldening key Democrats to come forward and ask that he step aside from the issue.

"There's always a sense that no matter how hard we work, to get through the White House, we have to get through Rahm,'' said U.S. Rep. Raul Grijalva. "I would like immigration not to be part of the chief of staff's portfolio. It would make our ability to convince and access decision-makers in the White House a lot easier.''

Emanuel has a complicated history with the immigration question, dating back to the 1990s. As a top aide to former President Bill Clinton, he stressed the message that Clinton was hardnosed about policing illegal immigration.



Starbucks Sued over "Unreasonably" Hot Tea
Legal Topics | 2010/05/17 16:05

Starbucks Corp has been sued by a customer who allegedly suffered second-degree burns after being served tea that was too hot.

According to the complaint, the plaintiff Zeynep Inanli was served tea that was "unreasonably hot, in containers which were not safe," at a Starbucks store at 685 Third Avenue in Manhattan.

As a result of Starbucks' negligence, the plaintiff suffered "great physical pain and mental anguish," including the burns, the complaint said.

The plaintiff seeks unspecified damages.

Starbucks, based in Seattle, did not immediately return requests for comment. The plaintiff's lawyer did not immediately return a call for comment.

Retailers periodically face lawsuits for serving beverages at temperatures that customers say are too high.

In one well-known case, a jury in 1994 ordered McDonald's Corp to pay $2.86 million to Stella Liebeck, an Albuquerque, New Mexico woman who claimed she scalded herself with the restaurant's coffee. The parties later settled.



WilmerHale moving support staff to Ohio
Legal Topics | 2010/05/03 15:25

WilmerHale announced last week it was relocating its administrative support base to a new campus in Dayton, Ohio, as it seeks to streamline internal business operations across its many offices.

When the business services center opens in September, it will house the majority of the firm's technical support, finance, document services, new business clearance and human resources staff. Firm officials expect the move will affect just over 100 employees who currently work in the firm's Boston, New York or Washington, D.C., offices.

"One of our goals was to try to have all of those functions located near each other rather than spread out among our three East Coast offices," said Co-Managing Partner William J. Perlstein.

In 2004, D.C.-based Wilmer, Cutler & Pickering merged with Boston-based Hale and Dorr to create the 1,100-attorney firm that is now called WilmerHale. The firm is jointly managed by two managing partners, one based in each of the firm's headquarters in Boston and the District. Perlstein said as the combined firm continued to grow, it made economic sense to streamline its support operations.



Court won't hear appeal on Boy Scouts land rental
Legal Topics | 2010/05/03 10:29
The Supreme Court will let stand a ruling saying the Boy Scouts cannot lease city-owned parkland in San Diego.

The court on Monday refused to hear an appeal from San Diego-area Boy Scouts who have traditionally leased Balboa Park camp space.

Federal judges have said the Scouts are a religious organization and the lease violated federal law that prohibits the government promotion of religion.

The American Civil Liberties Union sued San Diego and the Boy Scouts in August 2000 on behalf of a lesbian couple and an agnostic couple, each with scouting-age sons. They filed the lawsuit after the City Council voted to extend the group's 50-year lease for another 25 years.

The Boy Scouts say they have no theology and only hold the position that children should "do duty to God" to become productive citizens.



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