Archive for the ‘Legal’ Category

February 14th, 2012

Simplifying No-Hassle Former Top DOJ Attorney Systems

Bass, Berry & Sims PLC is grateful to announce the introduction of John Kelly, a former top U.S. Department of Justice official, as a partner in the firm’s Compliance and Government Investigations Practice.

Mr. Kelly will constitute the handling business partner with the company’s fresh Washington, D.C. office. He has extensive experience with complex federal and state investigations and Litigation matters related to healthcare fraud and abuse, the False Claims Act, white collar crime, the Foreign Corrupt Practices Act, and regulatory and compliance issues.

Mr. Kelly joins Bass Berry following on from the notable track record of service as a criminal law attorney with the Department of Justice, and subsequently as a partner at Fulbright & Jaworski LLP. During his tenure at DOJ, Mr. Kelly supervised investigations and prosecutions in a broad range of healthcare fraud actions nationwide, including criminal law violations of the Anti-Kickback Statute, the False Claims Act, wire and insurance fraud, and anti-money laundering. He served in several prestigious positions including Assistant Chief for Health Care Fraud of the Criminal Division’s Fraud Section, and he led the Los Angeles Medicare Fraud Strike Force. He also served as Chief of Staff and Deputy Director of the Executive Office for U.S. Attorneys, where he worked closely with senior leadership within the 94 U.S. Attorneys’ Offices, the Department of Justice, and various federal agencies including HHS-OIG, FBI, and DEA.

“With increasingly significant regulatory and enforcement activity having such direct impact on our clients and the healthcare industry, we saw no better time than now to establish a presence in Washington, DC,” said Keith Simmons, Managing Partner of Bass, Berry & Sims PLC. “We are most fortunate to have John at the helm. He is deservedly regarded as one of the most capable healthcare fraud enforcement and compliance lawyers in the profession.

“The best way to build a practice in Washington is by recruiting the best lawyers in Washington, those who are firmly established and recognized in the marketplace,” added Mr. Simmons. “John brings an insider’s knowledge of the Beltway that will have a direct and beneficial impact on our clients who are so directly affected by legislative and regulatory decisions made at the federal level.”

“It is an honor to now be a part of this prestigious law firm,” said Kelly. “I particularly welcome the opportunity to build on Bass, Berry & Sims’ stellar client base and grow its Compliance and Government Investigations Practice here in Washington.”

About Bass, Berry & Sims

Coming from a prosperous historical past in capital markets activity in the southeast, the firm’s more than 200 attorneys now represent more than 40 public companies and have developed a national healthcare practice from Nashville, the hub of for-profit healthcare. Bass, Berry & Sims has distinguished itself for service to healthcare clients at every level, including service to hospitals, health systems, pharmaceutical companies and outpatient service providers. The healthcare practice, which includes an interdisciplinary team of more than 100 attorneys, provides unsurpassed depth in government investigations and enforcement, compliance, regulatory and operational matters, mergers and acquisitions, and joint ventures and syndications.

February 5th, 2012

Products For New Dallas Law Group Office – Some Insights

Talented Dallas attorney Charles W. “Trey” Branham III is delighted to express the launch of Branham Law Group, LLP, a client-focused law firm handling complex commercial litigation and disastrous personal injury claims specifically.

Mr. Branham, 41, is a veteran of nearly 50 courtroom trials and arbitrations, including more than 30 submitted to juries. His impressive track record has earned him selection to the 2011 Texas Super Lawyers list in addition to multiple appearances in the annual Texas Rising Stars listing. He has tried cases in state and federal courts throughout the country, including California, Massachusetts, Missouri, South Carolina, Florida and Illinois.

Formerly of Dallas’ Goldfarb Branham, LLP, Mr. Branham says he’s anticipating fresh new prospects at Branham Law Group.

“I am incredibly proud of the accomplishments of my former firm, and I am equally excited about the opportunity to forge a new path of quality and aggressive legal representation for both my corporate and individual clients,” Mr. Branham says. “I will continue to represent corporate clients with creative and aggressive litigation strategies, in addition to assisting homeowners associations with significant litigation issues, individuals whose employers have failed to comply with federal and state wage-and-hour laws, and individuals suffering from catastrophic injuries.”

Mr. Branham’s recent very successful representations comprise:

* A settlement on behalf of a Fortune 500 company in a breach of contract dispute with a former customer;
* An arbitration award in favor of a Dallas homeowners association against a homebuilder for allegations of breach of contract, breach warranties, fraud, violation of the Texas Deceptive Trade Practices Act, and fraudulent concealment;
* A Fair Labor Standards Act Collective Action Settlement on behalf of oilfield workers who were not paid for overtime, and;
* Significant settlements on behalf of clients diagnosed with malignant mesothelioma, a universally fatal disease caused by exposure to asbestos.
* Positive resolutions for shareholders and investors who suffered financial damages as a result of fraudulent and/or oppressive conduct by corporate officers and directors.

Dallas-based Branham Law Group is comprised not only of mesothelioma attorneys, but also represents corporate clients in a variety of commercial litigation matters, as well as helping individuals in catastrophic personal injury claims. Led by noted courtroom lawyer Trey Branham, the company offers substantial legal know-how and exceptional value for every single client.

January 31st, 2012

Compared – Rapid Systems Of Criminal Law Firm Attorney

Jones Walker is glad to announce that Michael W. Magner has joined the company’s New Orleans agency of criminal law attorneys as special counsel. Mr. Magner practices in the firm’s Business & Commercial Litigation Practice Group. His experience centers on preventative and litigation services for businesses and individuals in corporate and white collar criminal law matters. He likewise represents people and companies connected with grand jury and various other investigations.

Mr. Magner’s particular experience is in anti-corruption compliance and litigation matters on both a domestic and international level. He served as a federal prosecutor in New Orleans for 20 years where he was a key member of the team that successfully prosecuted former Louisiana Governor, Edwin Edwards, following a 5 month trial. He was also the lead prosecutor in the Department of Justice’s long term investigation and prosecution of judicial and related public corruption in Jefferson Parish, Louisiana known as “Operation Wrinkled Robe.” In recognition of his work, Mike was awarded the Department of Justice’s highest award for litigation, the John Marshall Award, as well as the Director’s Award for Superior Performance by a Litigative Team.

Mr. Magner stated, “Joining Jones Walker and being able to work with the Jones Walker white collar team is an exciting opportunity. Their law firm has a number of former U.S. Attorneys and Assistant U.S. Attorneys, all of whom have a stellar reputation in representing clients in the defense of government investigations and prosecutions.”

Mr. Magner also has functioned as a administrator of the U.S. Attorney’s Office‘s Anti-Terrorism/Crisis Response Unit, Organized Crime Strike Force, and Violent Crime Unit, and has tried over 40 jury trials to verdict, in virtually all sections of the United States District Court for the Eastern and Middle Districts of Louisiana. He specialized in long term, complex white collar investigations and trials, including export control, mail and wire fraud, government contract fraud, bribery, money laundering, police misconduct, civil rights violations, and RICO. In 2011, he served as the Federal Bureau of Investigation’s Advisor to the Kenyan Anti-Corruption Commission (“KACC”) in Nairobi, Kenya, where he was embedded in the KACC’s principal headquarters for nearly two months, and provided training to KACC’s investigators, auditors, and attorneys on corruption compliance, investigative, and prosecution matters. He has also trained foreign judges and prosecutors in Central Asia and Africa and has regularly trained federal prosecutors through the Attorney General’s Advocacy Institute.

Before working with the KACC, Mr. Magner was with the Department of Justice‘s first Counsel for Emergency Management and Crisis Response in the Office of Director, Executive Office for U.S. Attorneys in Washington, D.C. for 18 months, where he represented the DOJ at various White House level emergency exercises and planning meetings relating to the federal government’s response to major criminal events, natural disasters, and pandemics. While with DOJ, Mike was also selected as a trained evaluator of other U.S. Attorneys’ Offices throughout the country on various substantive legal areas as well as ethics and professionalism.

Mr. Magner obtained his juris doctor qualification via Tulane University School of Law, cum laude; and was Managing Editor of The Maritime Lawyer. His Bachelor of Arts in Political Science/International Relations was earned from The George Washington University.

January 28th, 2012

Picking out Swift Secrets For 9th Circuit Appeals

The law practice of Lee Tran & Liang has triumphed in yet a further 9th Circuit appeal; actually is its 4th consecutive win in the Ninth Circuit since 2009. On January twenty six, this year, the Ninth Circuit affirmed a grant regarding summary judgment which LTL attained for its client, the opponent in a copyright laws and industry dress legal suit. Firm teammate Enoch H. Liang – as well as lawyer Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The plaintiff has been represented by renowned intellectual property boutique Christie Parker & Hale.

As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”

After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Fewer than a couple weeks following the oral assertion, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”

This final decision reaffirms the importance of a two-pronged methodology in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.

Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). Specifically what sets the business apart is its end goal of aligning itself with its customers’ necessities, by delivering a number of innovative fee plans in suitable concerns.

January 26th, 2012

No-Fuss Alder Law Firm Plans

Through the wake of the sharpest court budget cuts in California‘s history, plaintiffs’ trial lawyer Michael Alder of AlderLaw, P.C. in Beverly Hills assumed the office of president of the Consumer Attorneys Association of Los Angeles (CAALA), the nation’s largest local association of plaintiffs’ attorneys, that’s consisted of almost 3,000 lawyers.

“Consumer lawyers are vital, now more than ever, to protecting the civil rights of people who’ve been left without access to judicial relief, which is just about everyone except the super-rich,” said Alder. “Legal bills add up to astronomical sums very quickly, because litigation is such an intensive process. Without lawyers who work on a contingency fee basis, which means they risk their own money instead of the clients’ and agree not to be paid unless they win the case, even people with big incomes quickly find their resources drained when faced with the large legal bills that result from a contested matter. Consumer lawyers must be prepared to provide leadership, vision and most of all integrity.”

Alder is seen as a steadfast supporter of plaintiffs’ practitioners, also called consumer lawyers, working to raise public awareness of their importance at a time of corporate fraud and abuse. He’s been a member of CAALA for 14 years and spearheaded a city-wide billboard campaign to fund billboards that highlight the good that consumer lawyers do for society. He also is one of five founding members of the Trial Lawyers Charities, a non-profit institution which gives finances and legal services to people in need throughout Los Angeles.

Alder is at the present time conducting some of the very most cutting-edge litigation efforts in the united states. He has tried at least seventy cases within his career and properly secured over $140 million in decisions and pay outs for his valued clientele this year alone. Recently, in December 2011 he won a nearly $33 million decision for Concept Chaser, Co., Inc. in the advertising fraud case Concept Chaser Co., Inc. v. Pentel of America Ltd.

CAALA officially installed Alder as its 2012 president on Jan. 21 at its 63rd Annual CAALA Installation & Awards Banquet at the Four Seasons Beverly Wilshire in Beverly Hills. The group also announced its new officers and Board of Governors. For more information, visit www.caala.org.

AlderLaw, P.C. is a Los Angeles criminal attorney and plaintiffs’ law firm that represents plaintiffs in personal injury, business tort and employment litigation nationwide. The firm was founded in 2000 by attorney Michael Alder, current president of the Consumer Attorneys Association of Los Angeles (CAALA) and past CAALA Trial Lawyer of the Year. Alder has tried more than 70 cases in his career, and works with a team of seven associate attorneys. AlderLaw, P.C. obtained more than $140 million in verdicts and settlements for its valued clients last year. For information, visit www.alderlaw.com.

January 18th, 2012

Deciding upon Trouble-Free Programs Of Phoenix Criminal Law Issues

During a recent South Carolina discourse, Texas governor Rick Perry debated that national boundaries crossings are near a new 40-year low mainly because the high-unemployment Obama economic climate has made the US a much less alluring destination for illegal aliens. Previously, migrants grabbed throughout Az received a bologna sandwich and also orange drink prior to being extracted once again to Mexico at the very same spot on the same day, Fisher stated. These days, they will often spend the night time in an immigration detention facility in the vicinity of Phoenix, Az and eventually return to Mexico by way of Del Rio, Tx, well over 800 miles off. This article provides a brief background about criminal law and Phoenix criminal lawyers. As far as the law is concerned, all details written in this article are imprecise in which readeare are reminded that this is not a legitimate legal opinion. It is suggested that all readers must consult their own criminal lawyers in order to obtain true legal fact and opinions.

The type of law that regulates the relationship of the state and its constituents is criminal law. A crime therefore is a violation of the rules and regulations created by the sovereign authority. The set of policies created by the house of congress has the objective of directing the activities of the members within its territory. All countries are strictly enforcing their own penal code which is also known as criminal law code.

Phoenix Criminal Lawyer Knowledge

Protecting the rights of assumed criminals are the specialization of a Phoenix criminal attorney. Even if a number of allegations are present, criminal lawyers frequently presume that you are innocent. Reduced criminal charges or dismissed criminal charges are the usual outcomes from gifted lawyers. The occupation of defending criminals either innocent or not is one of the most difficult branches of being an attorney since you have to protect a person’s rights despite the fact that other lawyers want to pin your client down.

Criminal law code could be separated nationally or internationally. National criminal law codes highly vary in terms of enforcement from one country to another while international criminal law codes are general laws being followed by all.

The elements of a violated law are composed of the principal suspect, the accessory, the accomplice and the victim. Being a victim, principal, accessory or an accomplice would be treated equally under the rule of law. The court of law has the tendency to look out for everybody no matter what you have done which is why Miranda warnings are usually being given to protect suspects. “Sir/Madam you have the right to remain silent. Anything you say or do can and will be held against you in the court of law,” is a part of the Miranda warning that should be given to every arrested victim.

Criminal Law Attorneys all through Phoenix Arizona

Don’t be ignorant about your rights. Disregarding the rights of an alleged suspect is a violation of the law. Everybody is considered innocent unless and until proven otherwise in court. If the need arises, immediately call your Defense lawyers.

Disparities with regards to national law are highly versatile because of the different culture each people have in common. Deciding the method of investigation, payment of criminal compensations, making disciplinary action and the like are some of the limited purposes of national law. Monetary compensation for the complainant so the necessary fines or corrective punishment for the defendant is being done in national law.

All of us have the right to call a lawyer no matter what role we are playing in the court of law. Telling all the details to the police as quickly as possible is a common mistake of persons that were considered as suspects. Only two types of law are seen in the court of law and they are the criminal Defense lawyers and the prosecutor lawyers. Always choose the lawyer who specializes in your problem since they will serve as a big factor in determining if justice that is being done is just or not.

Phoenix Criminal Attorney Hints

Attorneys who have chosen the path of a being a criminal defense lawyer must be able to remove all or least minimize to the fullest extent the criminal charges of their clients. Cross examining is the main specialization of these lawyers which may be anyone that includes everyone. Eliciting the positive response of witnesses to testify for the suspect is also a work related duty of a criminal defense lawyer. Lawyers of these types assure that their clients will be dealt with equally without violating their rights. Preparing the suspect in the court of law is one of the numerous objectives of a Defense lawyer.

Adolf Hitler, Osama bin Laden and Saddam Hussein were all punished because of their mischievous actions that lead to the violation of international law codes. International law codes aims to foster positive relationships and negate negative relationships among nations. The protections of overseas workers from one country to another so as the thwarting of weapons of mass destruction are some of the limited agreements being done with regards to international criminal law code.

January 17th, 2012

Vital Factors In Copyright Legislation

Wired.com is revealing how the Motion Picture Association of America doesn’t like Ars Technica on the dilemma regarding regulatory overreach. Wired reported that MPAA staffers may think along the following lines, “ars Technica opposes our attempt to gain ‘broadcast flag’ control over people’s digital devices,” they might say. “And it doesn’t appreciate our plan to censor the Internet.”

The U.S. Copyright Office shortly will have a look at a request which may essentially make content security on DVD immaterial. Just about every three years the Copyright Office listens to requests regarding exemptions towards the Digital Millennium Copyright Act, and this time around the general public electronic digital advocacy group Public Knowledge is asking about the government to legalize the capacity for customers to develop copies of Dvd disks secured with content scrambling system copy security software.

Wikipedia will go down just for 24-hours as a way to demonstrate the U.S. anti-piracy legislation – (SOPA) and Protect IP Act (PIPA). Worst-case scenarios of the planned new rules have been discussed. The Electronic Frontier Foundation speculates, “Instead of complying with the DMCA, a copyright owner may now be able to use these new provisions to effectively shut down a site by cutting off access to its domain name, its search engine hits, its ads, and its other financing even if the safe harbors would apply.”

January 13th, 2012

Programs For Recent Court Conclusions – An Update

Simply by disregarding each of the bilateral accords and international laws and conventions on the customary intercontinental law of Trans-boundary Waterways and Lakes, India has determined unilaterally to construct Tipaimukh Dam for “so-called hydro-electricity” on the Barak River in its north-eastern Manipur state; with out thinking about the damaging affect the Dam would produce upon the community along with bio-diversity of the lower riparian Bangladesh. If India would like to build offered the Tipaimukh Dam unilaterally in violation of the key points of justness, fairness with out harm approach to Bangladesh, then Bangladesh can be entitled to wage a major international legal battle towards India just before the International Court of Justice to refrain India from constructing such Dam on the Barak River.

The trustee supervising the liquidation of MF Global Holdings Ltd.’s brokerage is researching methods to recover more client assets, such as litigation, but claimed the magnitude of the shortfall will probably “substantially affect” the cabability to make customers whole. MF Global filed for bankruptcy shielding on Oct. thirty-one, leaving behind a shortcoming in clients cash which the trustee guesses as being roughly $1.2 billion. The complete extent of the actual deficiency won’t be discovered until the actual client statement forms activity is done, stated James Kobak, top lawyer for trustee James Giddens.

Within Vicksburg, Mississippi, Warren County Tax Assessor Angela Brown wishes to pull in various outside help to work on real estate reappraisal. The Vicksburg Post claims that Brown, who was elected in November, informed superiors that she needed the support to reappraise a quarter of Warren County’s real property the following 4 years. Brown desired supervisors Monday to hire Louisville, Miss.-based evaluator Wes Kight and Associates LLC to do state-mandated property roll updates for $135,000 per year through fiscal 2015.

Within a new court determination, an insurance representative, Ms. Arnold, for Defendant Mutual of Omaha, soon after terminating her agreement with Opponent, sued for unpaid employee entitlements within the Labor Code. Arnold claimed that the contract she acquired signed with Mutual had inappropriately categorized her as being an independent contractor, and that within pertinent law she was in truth a staff member. Arnold appealed, claiming that the trial court erred in concluding that the common law test regarding employment was relevant, instead of the broader statutory definition of employee under Labor Rule section 2750.

January 10th, 2012

Copyright Infringement Rule Changes In The USA

Owens Corning, a universal leader in construction supplies as well as efficiency methods, announced today that Owens Corning Roof covering and Asphalt introduced the brand new System Advantage Platinum Limited Lifetime Warranty exclusively available to Owens Corning Roofing Platinum Preferred Contractors. Beginning Feb. 1, 2012, the new Platinum Warranty provides Owens Corning Roofing Platinum Preferred Contractors the ability to provide people limited life time craftsmanship warranty coverage for roofing placed on single family unattached residences. This brand new superior offering will change the Platinum Promise Limited Warranty which presently covers craftsmanship for approximately 25 years.

The Phillipine Department of the Interior and Local Government just lately declared it is going after at the very least 10 law enforcement, armed forces, and civilians who presumably defied the campaign against indiscriminate firing of firearms over the holiday season. “I am not going to tolerate those who indiscriminately fired their guns before, after and during the holidays, particularly police officers who defied our ban. Once investigation results indicate we have prima facie cases against them, they will be dismissed from the service,” said Interior and Local Government Secretary Jesse M. Robredo, while he promised that troubled individuals will need to face the “full might of the law” regarding their activities.

While the Stop Online Piracy Act (often called SOPA) now pending in Congress has members of the technology and art community up in arms, a much more understated solution for small copyright claims is additionally discreetly being developed by the United States Copyright Office. At the conclusion of October, Congress questioned the office – a subset of the Library of Congress which retains records of U.S. copyright – to examine the problems surrounding small copyright disagreements, in addition to possible alternatives. The results, that entail the founding of a small claims court, may have significant ramifications regarding artists who make use of appropriated material along with individuals whose material is appropriated by others. Within the Copyright Act of 1976, all copyright infringement claims – whether they concern a smash Hollywood movie or even an individual picture – needs to be taken to federal court. The excessively high legal charges connected with the process often dissuade specific copyright owners from filing a lawsuit, and can bankrupt accused. In a preliminary notice on the situation, pulled mainly from the ’06 hearing on the same topic, the office set forth several choices to the present process that would offer artists and also other copyright holders the opportunity to go after a compensation claim with out hiring a law firm.