Obama administration: Toss wiretap lawsuit
Headline Legal News | 2009/11/02 17:39
Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out.

In making the argument, the Obama administration agreed with the Bush administration's position on the case but insists it came to the decision differently. A civil liberties group criticized the move Friday as a retreat from promises President Barack Obama made as a candidate.

Holder's effort to stop the lawsuit marks the first time the administration has tried to invoke the state secrets privilege under a new policy it launched last month designed to make such a legal argument more difficult.

Under the state secrets privilege, the government can have a lawsuit dismissed if hearing the case would jeopardize national security.

The Bush administration invoked the privilege numerous times in lawsuits over various post-9/11 programs, but the Obama administration recently announced that only a limited number of senior Justice Department officials would be able to make such decisions. It also agreed to provide confidential information to the courts in such cases.

Under the new approach, an agency trying to keep such information secret would have to convince the attorney general and a panel of Justice Department lawyers that its release would compromise national security.

Holder said that in the current case, that review process convinced him "there is no way for this case to move forward without jeopardizing ongoing intelligence activities that we rely upon to protect the safety of the American people."

The lawsuit was filed by a group of individuals who claimed the government illegally monitored their communications. To proceed with the case, Holder said, would expose intelligence sources and methods.


Nokia’s lawsuit against Apple over iPhone likely a negotiating tactic over licensing fees
Headline Legal News | 2009/10/26 16:33
CrunchGear's Jeremy Kessel recnetly spoke with "Barry L. Cohen, Esq.,who specializes in commercial and business litigation and intellectualproperty litigation and licensing at Thorp Reed & Armstrong,[regarding] his thoughts on the Nokia v. Apple matter at large.According to Mr. Cohen, because Nokia has been successful in licensingthe patents at issue with dozens of other companies, the Finnishcompany most likely felt confident that it would be able to reach anagreement with Apple as well. When the negotiations reached an impasse,Nokia was essentially left with no other choice but to pursue legalrecourse."

"Filing the lawsuit against Apple is most likely, at least in part, adeliberate strategy to put more pressure on Apple to agree to the termsthat Nokia has requested with regards to licensing the patentedtechnologies," Kessel reports. "Because the 10 patents at issue include'fundamental' cellular technologies, the lawsuit may also have beenmotivated by some (or many) of the other companies who are alreadypaying licensing fees to Nokia and want Apple to do the same."


Chavez says Obama did "nothing" to deserve Nobel
Legal Topics | 2009/10/12 17:07
CARACAS (Reuters) - Venezuela's socialist leader Hugo Chavez said on Sunday that U.S. President Barack Obama had done nothing beyond wishful thinking to earn the Nobel Peace Prize.

Chavez, who has mixed praise for Obama personally with criticism of his government's "imperialist" policies, said he thought it was a mistake when he read the U.S. leader had won.

"What has Obama done to deserve this prize? The jury put store on his hope for a nuclear arms-free world, forgetting his role in perpetuating his battalions in Iraq and Afghanistan, and his decision to install new military bases in Colombia," Chavez wrote in a column.

"For the first time, we are witnessing an award with the nominee having done nothing to deserve it: rewarding someone for a wish that is very far from becoming reality."

Chavez said giving Obama the Nobel award was like giving a baseball pitcher a prize simply for saying he was going to win 50 games and strike out 500 batters.

Although mild compared to some of the virulent rhetoric he often uses against the United States, Chavez's criticism contrasted with the assessment of his mentor, Fidel Castro.

Read more...


LAs leave 25% of class action settlements unclaimed
Legal Interview | 2009/10/05 22:32
UK – Local authority pension schemes could be losing up to £125m (€136m) by not participating in class actions, a report from the Goal Group has claimed.

The firm, which provides specialist class action services, calculated that between 2007 and 2008 UK local authority pension schemes lost almost £8.5bn on their investments, of which around £140m could be recovered through legal action.
Article continues below

Between 2008 and 2009, however, it revealed the losses by UK local government pension schemes (LGPS) increased to £22.5bn while the potentially recoverable funds from class actions more than doubled to £370m, because the financial crisis is likely to create a "far more sustainable stream of cases, albeit at less inflated settlement values".

In total, this means LGPS' lost around £31bn between 2007 and 2009 but have the potential to recover £500m. Goal Group claims, however, that £125m, or 25% of potentially recoverable funds, could be left unclaimed if local authorities do not start to increase their participation in legal actions.

Goal Group quoted statistics from Nera Economic Consulting stating the number of federal class action filings in US courts, the main location for these cases, peaked at 258 in 2008. This was the highest level since 2002, but the report noted the first half of 2009 has already seen 127 cases filed, of which 67% named at least one financial company as the primary or co-defendant.

Read more...


Madoff trustee sues Madoff family for almost $200M
Headline Legal News | 2009/10/02 22:58
Bernard Madoff's brother, sons and a niece used the family finance business like a "piggy bank," a court-appointed trustee charged Friday as he demanded in a lawsuit that they return almost $200 million in money to be distributed to cheated investors.

The trustee, Irving Picard, sought $198.7 million from Madoff's brother, Peter, who had worked at Madoff's Manhattan investment company since 1965, and sons, Mark and Andrew.

Also sued was Shana D. Madoff, Bernard Madoff's niece and Peter Madoff's daughter.

Lawyers for the Madoff's brother and sons did not immediately return a phone call for comment. A message for comment left at Shana Madoff's East Hampton home was not immediately returned.

Lawyers for Picard said in papers filed in U.S. Bankruptcy Court in Manhattan that Madoff's family-run business "was operated as if it were the family piggy bank."

They said each of the family members withdrew huge sums of money to fund personal business ventures and to pay for expenses ranging from multimillion dollar homes, cars and boats to monthly credit card charges for restaurants, vacations and clothing.

The lawyers said $141 million identified as fraudulent proceeds were received by the family members in the six years before Madoff surrendered and revealed his plot last December while at least $58 million was received in the last two years.

Peter Madoff was the company's senior managing director and chief compliance officer while Mark and Andrew shared the title of co-director of trading.

Mark had worked with his father at the company since 1986 while Andrew had been there since 1988.

Shana Madoff, a lawyer, had worked there since 1995 as compliance counsel and in-house counsel, the court papers said.



Obama's nominees for federal court vacancies
Legal Topics | 2009/10/02 22:58

A look at President Barack Obama's nominees to fill federal court vacancies:

___

NOMINEES CONFIRMED

_ Sonia Sotomayor, Supreme Court, nominated June 1, confirmed Aug. 6.

_ Gerard Lynch, 2nd Circuit, nominated April 2, confirmed Sept. 17.

_ Jeffrey L. Viken, district judge-South Dakota, nominated June 25, confirmed Sept. 29.

___

APPEALS COURT NOMINEES AWAITING CONFIRMATION

_ Joseph A. Greenaway, 3rd Circuit, nominated June 19.

_ Thomas I. Vanaskie, 3rd Circuit, nominated Aug. 6.

_ Andre M. Davis, 4th Circuit, nominated April 2.

_ Barbara Milano Keenan, 4th Circuit, nominated Sept. 14.

_ Jane Branstetter Stranch, 6th Circuit, nominated Aug. 6.

_ David F. Hamilton, 7th Circuit, nominated March 17.

_ Beverly Baldwin Martin, 11th Circuit, nominated June 19.

___

DISTRICT COURT NOMINEES AWAITING CONFIRMATION

_ Irene Cornelia Berger, district judge-West Virginia, nominated July 8.

_ Louis Butler Jr., district judge-Wisconsin, nominated Sept. 30.

_ Edward Milton Chen, district judge-California, nominated Aug. 6.

_ Charlene Edwards Honeywell, district judge-Florida, nominated June 25.

_ Dolly M. Gee, district judge-California, nominated Aug. 6.

_ Abdul K. Kallon, district judge-Alabama, nominated July 31.

_ Roberto A. Lange, district judge-South Dakota, nominated July 8.

_ Jacqueline H. Nguyen, district judge-California, nominated July 31.

_ Richard Seeborg, district judge-California, nominated Aug. 6.



Comic Artie Lange pleads guilty to DUI in NJ
Areas of Focus | 2009/10/01 22:56
Comedian and radio personality Artie Lange has pleaded guilty to driving under the influence of a habit-producing drug in a minor traffic accident in New Jersey.

The 41-year-old Lange was charged following the July 10 accident in Toms River, about 40 miles southeast of Trenton. He entered his plea Wednesday in municipal court.

Judge James Ligouri revoked his driving privileges for seven months.

Lange, a regular on radio's "Howard Stern Show," said he was under the influence of prescribed sleeping pills, which he had last taken the night before the crash.



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