Lawyer News
Today's Date: U.S. Attorney News Feed
U.S. top court rules for Tellabs on fraud suit
Lawyer Blog News | 2007/06/21 17:09

The U.S. Supreme Court on Thursday made it harder for investors to pursue securities fraud lawsuits, in a big victory for network equipment maker Tellabs Inc. At issue in the ruling is a class action lawsuit filed by Tellabs investors charging that the company and former Chief Executive Richard Notebaert misled investors in 2000 and 2001 in order to keep the company's stock inflated at a time when business was flagging.

A federal court in Illinois had dismissed the lawsuit, concluding the allegations were too vague and did not raise a "strong inference" that the company intended to deceive shareholders.

The "strong inference" requirement was laid out in a law adopted by Congress in 1995 designed to discourage frivolous securities fraud suits by making it easier for companies to get them thrown out of court.

The Tellabs lawsuit was subsequently reinstated by a U.S. appeals court. The Supreme Court, by an 8-1 vote, ruled the appeals court was wrong, with the majority opinion written by Justice Ruth Bader Ginsburg.

She said that to qualify as strong, an inference must be more than merely plausible or reasonable. It must be cogent and at least as compelling as any opposing inference of nonfraudulent intent, Justice Ginsburg said.

Tellabs had argued that under the 1995 reform law, federal courts must consider any facts that suggest any possible "innocent" motives, and that courts have to dismiss securities fraud cases that don't raise a "strong inference" of intentional wrongdoing.

Tellabs was supported by the U.S. Securities and Exchange Commission and the Justice Department.

Lawyers for the investor plaintiffs had argued that their lawsuit laid out enough specific facts to show that Tellabs knew its best-selling product, a piece of networking equipment known as a cross-connect system, was in decline, but misled investors anyway.

Justice John Paul Stevens dissented, saying he thought it clear that the plaintiffs established probable cause to believe that Mr. Notebaert acted with the required intent.



State Representative to Join Indianapolis Law Firm
Law Firm News | 2007/06/21 15:15



Ice Miller LLP is pleased to announce that State Representative Bob Kuzman has joined the Firm as a partner in its Public Affairs Group. Kuzman will focus on state, local and federal government issues and public affairs management including legislative monitoring and representation, administrative law and government procurement, campaign finance and election law compliance, grassroots programming and political strategy.


"Bob understands the concerns of Hoosiers, as well as Indiana businesses, and has served his constituents well," stated Byron Myers, Managing Partner, Ice Miller LLP. "His ability to navigate Indiana's legislative system and build consensus among his peers will be an asset to our clients," concluded Myers.


Kuzman is currently a State Representative for District 19 serving southern Lake, Porter and Newton counties. He is the Vice Chairman of the House Ways and Means Committee and was a key negotiator on the State Budget bill. He is also the former Chairman of the House Public Policy Committee and a member of the Rules Committee. Kuzman has been a state representative since 1996. He is expected to resign his office later this summer.


"I believe that every citizen should have an open door to government and those with interests before the Statehouse should be heard," stated Kuzman. "I look forward to helping the Firm's clients manage their legislative issues at the local, state and federal levels."


During the last legislative session, Kuzman introduced legislation aimed at upgrading tax assessment laws and creating greater uniformity in the Indiana tax code. He also sponsored legislation that improves retirement benefits for Indiana's Public Employees and sponsored legislation that modified Indiana's adoption laws.


Ice Miller's lawyers and business professionals, through their understanding of businesses, industries, and government entities, help simplify the complexities faced by its clients. Ice Miller is committed to helping its clients achieve their legal and business goals. The Firm has offices in Indianapolis, Indiana; Chicago, Illinois; Naperville, Illinois; and Washington, D.C. For additional information, visit www.icemiller.com.



Supreme Court Upholds High School Recruiting Limits
Legal Career News | 2007/06/21 15:09

The Supreme Court said Thursday that athletic associations can enforce limits on recruiting high school athletes without violating coaches' free speech rights. The high court ruled in a longstanding dispute between a Tennessee athletic association and a football powerhouse, the private Brentwood Academy near Nashville. The school challenged a rule of the Tennessee Secondary School Athletic Association, which governs high school sports in the state. The association bars schools from contacting prospective students about their sports programs.

In a unanimous ruling, the court said that "hard-sell tactics directed at middle school students could lead to exploitation, distort competition between high school teams and foster an environment in which athletics are prized more highly than academics."

Games have rules, Justice John Paul Stevens said for the court. "It is only fair that Brentwood follow them," Stevens said.

Brentwood argued that the restriction violated its free-speech rights, even though it voluntarily joined the association.

The dispute arose from a letter that Brentwood's football coach sent to a dozen eighth-graders in 1997, inviting them to attend spring training at Brentwood. The students already had been accepted and signed enrollment contracts for the fall.



Court Rules for Expectation of Privacy in E-mail
Attorney Blogs | 2007/06/21 14:12

The 6th U.S. Circuit Court of Appeals ruled Monday that the government must have a search warrant before it can secretly seize and search stored e-mails. People that use e-mail as a form of communication have a reasonable expectation of privacy. Although surveillance of in-transit e-mails is prohibited, the government has been using the Stored Communications Act (SCA) to search stored e-mails without having to use a warrant. This week the appeals court found that the act violated the Fourth Amendment of the Constitution.

"It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past," the appeals court said.

Steven Warshak, owner and president of Berkeley Premium Nutraceuticals, brought the case against the government to stop investigators from searching his stored e-mails using the SCA. The district court ruled in favor of Warshak, and the government appealed the ruling to the 6th Circuit, where they were ultimately defeated.

Warshak is in the middle of a fraud investigation. He has pleaded not guilty to charges that he and his business defrauded customers and banks out of at least $100 million in a scheme where they billed credit cards without authorization.



US chief negotiator on surprise NKorea visit
Legal World News | 2007/06/21 14:06

US negotiator Christopher Hill flew to North Korea at its invitation Thursday to push for swift progress on nuclear disarmament, but a Pyongyang official in Vienna hinted at a delay. Hill's mission, the highest-level US visit for nearly five years, follows an apparent breakthrough in implementing a February deal to scrap the communist nation's nuclear programmes. He has said that a row which had blocked progress for months, about North Korean funds frozen in a Macau bank under US-instigated sanctions, has been settled.

An International Atomic Energy Agency (IAEA) delegation plans to visit Pyongyang next week to discuss procedures for shutting down the North's Yongbyon reactor, which produces the raw material for bomb-making plutonium.

But a North Korean official in Vienna, where the UN nuclear watchdog is based, said his country had not yet given the formal go-ahead for the visit.

"The visit date of the delegation is not confirmed because the release of the frozen funds of DPRK (North Korea) at Banco Delta Asia in Macau has not been completed," embassy spokesman Hyon Yong-Man told reporters.

"Our side already informed the IAEA that we have no objections for the agency to prepare the visit as planned, but we are not ready to give our official confirmation for the scheduled visit of the agency due to the only reason of unfinished remittance."

The comments cast a cloud over apparent swift progress since Pyongyang said last Saturday the unfreezing of the funds "has reached its final phase," and invited an IAEA team to visit at an unspecified date.

The US envoy, arriving at the airport in steady rain, said his aim was to get the six-party talks process moving. The forum grouping the two Koreas, China, Russia, Japan and the United States reached a disarmament deal on February 13 but the cash row blocked any progress.

"We hope we can make up for some time we lost this spring," he said after being greeted by a smiling Ri Gun, director of the foreign ministry's America bureau.

China said its Foreign Minister Yang Jiechi would visit Pyongyang on July 2-4, with nuclear disarmament on the agenda. It described Hill's visit as positive.

"We hope it will be conducive to implementing the initial actions (of the February accord) and be of benefit to improving relations between North Korea and the US," said foreign ministry spokesman Qin Gang.

Choson Sinbo, a pro-North Korean newspaper published in Tokyo which often reflects official thinking, said the disarmament process may now speed up "if the US and the DPRK (North Korea) continue to build up mutual trust."

South Korea's foreign ministry said Hill would meet counterpart Kim Kye-Gwan, who extended the invitation, and vice foreign minister Kang Sok-Ju, who is close to reclusive leader Kim Jong-Il.

It said they would discuss a "road map" on implementing the February deal and the normalisation of bilateral relations.

The US State Department said Hill would leave Friday. He was to return to South Korea and go on to Tokyo on his way home.

In the February deal, the North agreed to disable its nuclear programmes in exchange for major aid and diplomatic benefits, including a possible normalisation of relations with Washington.

The pact followed a surge in tensions after the North carried out its first nuclear weapons test last October.

Four IAEA officials arrived in South Korea Thursday to discuss the mission scheduled for next week. A follow-up team will be sent to North Korea within weeks to verify the actual shutdown if it goes ahead.

It will be the inspectors' first visit since they were kicked out in late 2002.

Hill's trip is the first to North Korea by a top State Department official since October 2002, when his predecessor James Kelly confronted the North with alleged evidence of a secret nuclear programme using highly enriched uranium.

That accusation, and the North's denial, triggered off the latest nuclear crisis and the collapse of a 1994 bilateral denuclearisation accord.



Bush Remarks on Stem Cell Research
U.S. Legal News | 2007/06/21 14:04

Text of President Bush's remarks on stem cell research Wednesday, as transcribed by CQ Transcriptions.America is a nation that leads the world in science and technology. Our innovative spirit is making possible incredible advances in medicine that could save lives and cure diseases.America is also a nation founded on the principle that all human life is sacred. And our conscience calls us to pursue the possibilities of science in a manner that respects human dignity and upholds our moral values.

I appreciate the fact that we're joined by a lot of folks who share the deep desire to advance science and at the same time uphold our moral values.

I appreciate the fact that Mike Leavitt's here, secretary of the Department of Health and Human Services.

I want to thank the members of the United States Congress and Senate who have joined us. Thank you for taking your time to be here on this important announcement today.

I'm joined on stage by two good docs, really smart, capable people: Dr. Bill Hurlbut, professor of Stanford University Medical Center, Dr. Don Landry, professor at Columbia University Department of Medicine. Actually, he's the chairman of the department.

The reason they're here is these are brilliant biologists who are seeking new ways to develop stem cell lines without violating human life. And these are smart folks, and I cannot thank them enough for coming to Oval Office to share with me their wisdom and their _ and their vision.

I'm also up here with Carol Franz. She has whipped cancer twice by using stem cell _ adult stem cells. In other words, adult stem cells have saved her life.

She's a determined woman who believes strongly that there are different alternatives available to use stem cells other than that _ those which are created as the result of destruction of human life.

And finally, I'm up here with the McNamara family. Kaitlyne is with us. I'm going to talk about her in a second.

I do want to thank the other stem cell patients and researchers and advocates who are here with us today. If you're not in any of those categories, you're welcome, too.

In 2001, I announced a policy to advance stem cell research in a way that is ambitious, ethical and effective. I became the first president to make federal funds available for embryonic stem cell research, and my policy did this in ways that would not encourage the destruction of embryos.

Since then, my administration has made more than $130 million available for research on stem cell lines derived from embryos that had already been destroyed. We provided more than $3 billion for research on all forms of stem cells, including those from adult and other non-embryonic sources.

This careful approach is producing results. It has contributed to proven therapeutic treatments in thousands of patients with many different diseases. It's opening the prospect of new discoveries that could transform lives.

Congress has sent me a bill that would overturn this policy. If this legislation became law, it would compel American taxpayers for the first time in our history to support the deliberate destruction of human embryos.

I made it clear to Congress and to the American people that I will not allow our nation to cross this moral line.

Last year, Congress passed a similar bill. I kept my promise by vetoing it. And today I'm keeping my word again: I'm vetoing the bill that Congress has sent.

Destroying human life in the hopes of saving human life is not ethical. And it is not the only option before us.

We're already seeing remarkable advances in science and therapeutic uses of stem cells drawn from adults and children and the blood from umbilical cords with no harm to the donor.

Researchers value embryonic stem cells because they are pluripotent, which means that they have the potential to develop into nearly all the cell types and tissues in the body. Researchers are now developing promising new techniques that offer the potential for new pluripotent stem cells without having to destroy human life.

For example, several new studies released earlier this month showed the potential of reprogramming adult cells, such as skin cells, to make them function like embryonic stem cells.

It's exciting new research taking place in the United States of America.

Scientists from all over the country hail this as an important breakthrough. And I'm pleased to report to you that my administration and the NIH helped fund this exciting work.

The taxpayers' dollars are going to new kinds of therapies, new kinds of science, new kinds of work that do not cross a moral and ethical line.

A few months earlier, scientists discovered that cells extracted from amniotic fluid and placentas could also provide stem cells that seem to do what embryonic cells can.

Still other researchers are investigating how to combine reprogramming and other innovative techniques to produce stem cells with the abilities of embryonic stem cells, without creating or destroying embryos.

There's a lot of interesting work going on that's ethical and moral.

Scientists are exploring ways to collect stem cells in the same manner that doctors now rescue organs from patients who have died.

With us today are patients who are benefiting from ethical stem cell research, including Kaitlyne McNamara.

Kaitlyne was born with spina bifida, a disease that damaged her bladder. None of the treatments her doctor tried had worked. She was in danger of kidney failure.

Then her doctors took a piece of her bladder, isolated the healthy stem cells, and used them to grow a new bladder in a laboratory, which they then transplanted into her. And here she stands, healthy.

Scientific advances like this one are important and should give us hope that there's a better way forward than scientific advances that require the destruction of a human life.

The researchers pursuing these kinds of ethically responsible advances deserve our support. And there is legislation in Congress to give them that support.

Recently, the United States Senate passed a bill, sponsored by Norm Coleman and others, that would authorize additional federal funding for alternative stem cell research. The bill was approved with the backing of 70 United States senators.

The House leaders need to pass similar legislation that would authorize additional funds for ethical stem cell research. It would be an important advancement. It would be an important statement, because we can't lose the opportunity to conduct research that would give hope to those suffering from terrible diseases and help this country move beyond the controversies over embryo destruction.

We have a good chance to put aside all the politics, focus on a good piece of legislation that advances science and doesn't cross an ethical line.

Norm, I want to thank you and Johnny Isakson for sponsoring that piece of legislation.

In the meantime, my administration is taking immediate action to increase our support for researchers and their vital work. Earlier today, I issued an executive order to strengthen our nation's commitment to research on pluripotent stem cells.

This order takes a number of important steps.

The order directs the Department of Health and Human Services and the NIH to ensure that any human pluripotent stem cell lines produced in ways that do not create, destroy or harm human embryos will be eligible for federal funding.

The order expands the NIH embryonic stem cell registry to include all types of ethically produced human pluripotent stem cells.

The order renames the registry, calls it this: the Pluripotent Stem Cell Registry. So it reflects what stem cells can do, instead of where they come from.

The order invites scientists to work with the NIH so we can add new ethically derived stem cell lines to the list of those eligible for federal funding.

Direct Secretary Leavitt to conduct an assessment of what resources will be necessary to support this important new research. This science that does not cross ethical lines requires money. I believe it is a good use of taxpayers' money to spend money on this kind of science and research, and Michael's going to expedite it. That's what that means: That's a fancy paragraph for saying he's going to get it done.

With these steps, we'll encourage scientists to expand the frontiers of stem cell research. We want to encourage science. We want to say, 'We stand on your side in an ethically responsible way.'

Scientists have recently shown they have the ingenuity and skill to pursue the potential benefits of pluripotent stem cell research. Here's two of them right here. That's why they're standing here; they have showed what's possible. I have confidence in their abilities to continue to develop new techniques.

With our expanded support of nondestructive research methods, we will make it more likely that these exciting advances continue to unfold.

Technical innovation in this difficult area is opening up new possibilities for progress without conflict or ethical controversy. So I invite policymakers and scientists to come together to speed our nation toward the destination we all seek, where medical problems can be solved without compromising either the high aims of science or the sanctity of human life.

Thank you all for coming. May God bless.



[PREV] [1] ..[1105][1106][1107][1108][1109][1110][1111][1112][1113].. [1259] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Supreme Court will weigh ban..
Judge in Trump case orders m..
Court makes it easier to sue..
Top Europe rights court cond..
Elon Musk will be investigat..
Retired Supreme Court Justic..
The Man Charged in an Illino..
Texas’ migrant arrest law w..
Former Georgia insurance com..
Alabama woman who faked kidn..
A Supreme Court ruling in a ..
Denying same-sex marriage is..
Trump wants N.Y. hush money ..
China’s top court, prosecut..
Supreme Court restores Trump..
Supreme Court casts doubt on..
Donald Trump appeals $454 mi..
Alabama hospital pauses IVF ..
Ken Paxton petitions to stop..
Attorney Jenna Ellis pleads ..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design