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Phila. smoking ban excluded from court ruling
Lawyer Blog News | 2007/05/24 12:25

A court ruling that struck down a smoking ban in Allegheny County does not affect Philadelphia's anti-smoking ordinance. The Commonwealth Court decision this week dealt with whether municipalities have a legal right to limit smoking in restaurants, workplaces or other indoor areas, and concluded that the state Legislature assumed jurisdiction over smoking when it enacted the Commonwealth Clean Indoor Act in 1988. A section of that law said its provisions would supercede local regulations, but the law specifically exempted Philadelphia, allowing the City Council to regulate smoking inside city limits.

"I'm confident that the Commonwealth Court decision does not affect the authority of the city of Philadelphia to enact a smoking ban," City Solicitor Romulo L. Diaz Jr. said.



Apple, labels slapped with class action suit
Class Action News | 2007/05/24 09:28

A small record label has filed a class action lawsuit against Apple and other digital music stores as well as the major record labels that carry its catalog of tracks. Dawg Music, which is run by bluegrass musician David Grisman and his partner Craig Miller, claims that entities carrying Grisman's musical tracks are knowingly selling his works with poor or nonexistent compensation without his consent. Represented by Strange and Carpenter from the Law Offices of Jeffry L. Graubart, the suit makes a two-part complaint implicating both labels and their online digital retail partners. The complaint states that Universal and Warner have neglected Daw Music's copyrights and royalties when signing deals with online stores -- including Apple's iTunes service.

The two large record companies agreed to online distribution of Grisman's library without first acquiring permission from Dawg Music, according to AppleInsider, and by doing so both labels made unauthorized hard copies of the music while also usurping control of royalties due for each album. That lack of communication resulted in "gross underpayments," claims Dawg Music, and online retail efforts such as the iTunes Store are guilty by association because they agreed to host and sell the unsanctioned tracks.

The suit claims that AOL Music Now, Buy.com, Apple's iTunes, MSN.com, Napster, RealNetworks' Rhapsody, Wal-Mart.com, and Yahoo Music are guilty of trading songs without genuine consent because they send money to the intermediate labels but not the copyright holders.

Dawg Music also states that this evasion of copyrights has caused "irreparable injury" to the music label, and that the agreements will continue to damage the company as long as the present contracts for online music remain. All defendants named in the suit would be forced to pay Dawg Music for damages if the small label manages to prove its case in a central California court hearing.

Additionally, the court could order each defendant to pay $150,000 for each work whose copyright was violated if the case finds the labels and online music retailers guilty, adding up to millions of dollars in payments to Dawg Music.

Strange and Carpenter on behalf of Dawg Music will need to prove that none of the existing clauses in Dawg Music's contracts with Universal and Warner already cover the online distribution of their content if they are to win the case and recieve damages.



Court rejects Exxon appeal on damages
Court Feed News | 2007/05/24 03:21

A federal appeals court on Wednesday rejected Exxon Mobil Corp.'s request to reconsider its earlier decision that cut nearly in half a $4.5 billion jury award punishing the company for the 1989 Valdez oil spill that fouled 1,500 miles of Alaskan coastline. In December, the 9th U.S. Circuit Court of Appeals reduced the punitive damage award to $2.5 billion in a case that began with a 1994 decision by an Anchorage jury siding with 34,000 fishermen and other Alaskans. The plaintiffs said they were hurt when Exxon's oil tanker struck a charted reef and spilled 11 million gallons of crude oil.

An Exxon spokesman said the Irving-based company, which still sees the award as excessive, would appeal the decision to the U.S. Supreme Court.
 



Gallop, Johnson & Neuman Names General Counsel
Law Firm News | 2007/05/23 18:32



John W. Traeger, a law partner at Gallop, Johnson & Neuman, L.C. in St. Louis with extensive experience dealing with federal, state and local environmental regulatory authorities, has been named internal General Counsel with oversight responsibilities regarding ethics, compliance, client service excellence, legal training and professional conduct issues for the firm.

As General Counsel, a newly appointed professional position at Gallop, Johnson & Neuman, Mr. Traeger is responsible for addressing potential issues regarding professional responsibility and legal compliance, mentoring, continuing legal education and attorney recruiting practices, as well as internal matters of attorney-client privilege and confidentiality.

Mr. Traeger is a member of Gallop, Johnson & Neuman’s Real Estate Practice Area and chairman of the firm’s Environmental Law Practice Area. He has extensive experience in areas of environmental, administrative and corporate law. He also serves on the firm’s Ethics Committee, Mentoring Committee and Lateral Committee, the latter of which focuses on attorney recruiting. Mr. Traeger will continue to serve clients of Gallop, Johnson & Neuman and to chair the firm’s Environmental Law Practice Area.

Thomas J. Campbell, Managing Partner of Gallop, Johnson & Neuman, said, “The appointment of John Traeger as General Counsel strengthens our firm’s commitment to client service excellence, mentoring and professional responsibility in the legal profession.”

Before joining Gallop, Johnson & Neuman in 2000, Mr. Traeger served as internal corporate counsel at Ralston Purina Co. and Continental Baking Co in St. Louis. His legal experience in environmental areas includes matters of mergers and acquisitions, Superfund litigation, the Clean Air Act and Clean Water Act, environmental site assessments, wetlands and hazardous waste issues. Mr. Traeger also serves clients regarding business and real estate issues, and electronically stored records management programs to assure compliance with federal and state regulations.

Mr. Traeger is a member of The American Bar Association, The Missouri Bar, The Bar Association of Metropolitan St. Louis, and the St. Louis Regional Chamber and Growth Association. He earned a J.D. degree from St. Mary’s University School of Law and a Bachelor of Sciences degree from Colorado College.

Gallop, Johnson & Neuman has served clients in St. Louis and around the world for more than 30 years. The law firm and its attorneys are distinguished by a Commitment to Excellence. The firm serves public and privately held corporations, small companies, start-up enterprises, entrepreneurs and non-profit entities, as well as individuals and families. Gallop, Johnson & Neuman is one of the ten largest law firms in St. Louis. Offices are located at 101 South Hanley Road, Suite 1700, Clayton, Missouri, 63105.



Shutts & Bowen LLP Launches Complex Loan Group
Law Firm News | 2007/05/23 17:35



Shutts & Bowen LLP has launched a complex loan workout practice group to focus on clients who are grappling with the effects of a slowdown in the real estate market.

For the new group, the law firm said it will use lawyers from its South Florida, Tampa and Orlando offices who are experienced in the fields of bankruptcy, creditors' rights, real estate, receiverships, taxation and litigation.

"We are anticipating increased demand for workout advice as Florida's economy faces headwinds from residential overbuilding, shifting market demands and soaring construction, insurance and other costs," said Shutts & Bowen Chairman Bowman Brown.

Lee D. Mackson, a partner in the firm's Miami office, is to lead the new practice group. Mackson represents financial institutions and other companies in real estate and banking litigation, multimillion-dollar commercial foreclosures, and complex workouts.

He said the firm's statewide complex loan workout practice group will work with investment banks, pension funds, insurance companies, lending institutions, developers, investors, landlords and private equity funds.

"The collapse of the subprime mortgage market is creating a ripple effect on other sectors of the U.S. economy," Mackson said. "Foreclosure rates and mortgage fraud claims are rising and excess liquidity in the capital markets has been keeping borderline companies afloat. As these stresses mount, we anticipate that companies in a wide range of industries will be seeking our advice on restructuring loans, reorganizing business ventures and addressing complex contract disputes."

The practice group is to advise clients on loan workouts and modifications, restructurings, bankruptcy alternatives, reorganization, capital infusion and strategic and development alternatives for real estate in all stages of distress.

Other members of the new practice group include partners Don Wasil, Peter Levitt, and Bob Fracasso in Miami; Peter Shapiro in Fort Lauderdale; Art Menor in West Palm Beach; Rob Soriano in Tampa; and Andrew Brumby and Michael Gore in Orlando.



Pelo hires new lawyer; defense starts over
Lawyer Blog News | 2007/05/23 17:30
Defense work on behalf of a Bloomington police sergeant accused of rape will start over with a new lawyer hired by Pelo’s family.

Sgt. Jeff Pelo, 42, was in court Thursday with Glenview attorney Michael Rosenblat, the third attorney to sign on with the case since Pelo’s arrest last summer. The defense team of Jay Elmore and Michael Costello, attorneys from Springfield, asked to withdraw from the case because of financial difficulties the family experienced with legal bills.

Bloomington attorney Steve Skelton left the defense effort in February because of health concerns.

After Thursday’s hearing, Rosenblat said Pelo is anxious for the case to move forward.

“Obviously we want to get to the trial soon so Mr. Pelo can get back with his family and get back to work,” said Rosenblat.

Pelo is charged with a series of sexual assaults against four women in Bloomington between December 2002 and January 2005. The foundation for the prosecution’s case is identification of the police officer in photo and voice recordings by several of the rape victims, Skelton said previously.

The tab for legal fees could easily amount to six figures, according to estimates from defense attorneys.

Rosenblat declined to answer questions about the arrangements he made with the Pelo family for his services. The attorney met with Pelo before Thursday’s hearing.

Assistant State’s Attorney Mark Messman said investigators will continue to development information in the case.

An August jury calendar setting scheduled by Judge Robert Freitag seems unlikely in light of the voluminous discovery materials and the fact that Roseblat said he has not started his review of the documents and other materials.

A June 21 status hearing is scheduled.

Pelo is on paid administrative leave from his $81,000-per-year position with the police department. He must raise $200,000 to be released on a $2 million bond set in the case.


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