Court allows lawsuits over 'light' cigarettes

Headline Legal News 2008/12/15 09:16   Bookmark and Share
The Supreme Court on Monday handed a surprising defeat to tobacco companies counting on it to put an end to lawsuits alleging deceptive marketing of "light" cigarettes.

In a 5-4 split won by the court's liberals, it ruled that smokers may use state consumer protection laws to sue cigarette makers for the way they promote "light" and "low tar" brands.

The decision was at odds with recent anti-consumer rulings that limited state regulation of business in favor of federal power.

Altria Group Inc. argued on behalf of its Philip Morris USA subsidiary that the lawsuits are barred by the federal cigarette labeling law, which forbids states from regulating any aspect of cigarette advertising that involves smoking and health.

Justice John Paul Stevens, however, said in his majority opinion that the labeling law does not shield the companies from state laws against deceptive practices. The decision forces tobacco companies to defend dozens of suits filed by smokers in Maine, where the case originated, and across the country.

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NJ Sen. Lautenberg among potential fraud victims

Legal Business 2008/12/15 09:03   Bookmark and Share
New Jersey U.S. Sen. Frank Lautenberg is on the growing list of potential victims of what prosecutors are calling a multibillion-dollar Ponzi scheme run by New York money manager Bernard Madoff.

Lautenberg spokesman Scott Mulhauser says the senator was an investor in Madoff's investment fund — primarily in the form of the Lautenberg family's charitable foundation.

The 70-year-old Madoff was arrested Thursday in what prosecutors say was a $50 billion scheme by the Wall Street veteran to defraud investors.

Lautenberg is among a growing roster of potential victims. Those who have acknowledged potential losses so far include former Philadelphia Eagles owner Norman Braman, New York Mets owner Fred Wilpon and J. Ezra Merkin, the chairman of GMAC Financial Services, among others.

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Tina Stanford Joins Smith, Welch & Brittain, LLP

Law Firm News/Georgia 2008/12/14 14:58   Bookmark and Share
Smith, Welch & Brittain LLP, Attorneys at Law is proud to announce that Tina G. Stanford, a Carrollton native, has joined our firm as an associate. Stanford graduated from Mercer University’s Walter F. George School of Law.

Following law school, Ms. Stanford served as Law Clerk for the Ocmulgee Judicial Circuit and then opened her own law firm as a general practitioner.

Ms. Stanford has been a member of Phi Kappa Phi honor society since attending college and has been a member of numerous community service and professional organizations. She was the first President of the Columbus Association of Women Lawyers and served as President of the Board of the Association on Battered Women of Clayton County, Georgia. She is a member of the State Bar of Georgia, Henry County Bar Association, Clayton County Bar Association, Atlanta Bar Association and the Georgia Association of Women Lawyers.

Smith, Welch & Brittain, LLP was established in McDonough in 1873. The firm currently operates offices in McDonough, Stockbridge, Jackson and Barnesville. SWB includes 20 attorneys and more than 50 support staff.
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Court sides with NY Times in anthrax libel case

Court News 2008/12/14 09:04   Bookmark and Share
The Supreme Court has rejected a plea by former Army scientist Steven J. Hatfill to revive his libel lawsuit against The New York Times over columns falsely implicating him in the deadly 2001 anthrax attacks.

The justices did not comment Monday in turning down Hatfill's appeal of a unanimous ruling by the 4th U.S. Circuit Court of Appeals, based in Richmond, Va. A three-judge panel affirmed a lower court's dismissal of the libel claims on the grounds that Hatfill is a public figure and failed to prove that columns written by Nicholas Kristof were malicious.

Circumstantial evidence led the FBI to suspect Hatfill was involved in the anthrax attacks that killed five people and sickened 17 just weeks after the Sept. 11 terrorist attacks. Then-Attorney General John Ashcroft publicly identified Hatfill, who worked at the Army's infectious diseases laboratory at Ft. Detrick, Md., from 1997 to 1999, as a "person of interest" in the investigation.

In June, the Justice Department agreed to pay Hatfill $5.8 million to settle a lawsuit claiming officials violated his privacy rights by speaking with reporters about the case.

No one has been charged in the attacks, although the government now believes another Army scientist, Bruce Ivins, was responsible. Ivins killed himself in July.

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List of potential victims grows in NY fraud case

Headline Legal News 2008/12/14 09:01   Bookmark and Share
Investors who put their fortunes in the hands of arrested New York money manager Bernard Madoff are waiting to hear how much of their stake is left.

The roster of potential victims in what prosecutors said was a $50 billion Ponzi scheme has grown exponentially longer in the past few days.

Madoff, 70, said in regulatory filings that he only had around 25 clients, but it has become apparent that the list of people who lost money may number in the hundreds or even thousands.

Among those who have acknowledged potential losses so far: Former Philadelphia Eagles owner Norman Braman, New York Mets owner Fred Wilpon and J. Ezra Merkin, the chairman of GMAC Financial Services.

A charity in Massachusetts that supports Jewish programs, the Robert I. Lappin Charitable Foundation, said it had invested its entire $8 million endowment with Madoff. The organization's executive director said she doesn't expect it to survive.

Other institutions that believed they had lost millions included The North Shore-Long Island Jewish Health System and the Texas-based Julian J. Levitt Foundation.

Hedge funds and other investment groups looked like big losers too. The Fairfield Greenwich Group said it had some $7.5 billion in investments linked to Madoff. A private Swiss bank, Banque Benedict Hentsch Fairfield Partners SA, said it had $47.5 million worth of client assets at risk.

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Knobbe Martens Adds Partners in San Francisco

Law Firm News/California 2008/12/13 10:22   Bookmark and Share
Knobbe Martens, one of the leading intellectual property law firms in the nation, is pleased to announce the addition of two partners, Veronica Colby Devitt and Marlene J. Williams, to its San Francisco office.

“Knobbe Martens is pleased to welcome lawyers with such outstanding talent and reputation. Their history of success and expertise expands the capabilities of our San Francisco office,” said Steven Nataupsky, Managing Partner of the firm.

Both Devitt and Williams join Knobbe from Thelen LLP’s San Francisco office.

Devitt focuses her practice on trademark counseling, global trademark portfolio management, prosecution and litigation. She brings her expertise on trademark law, has practiced before the Trademark Trial and Appeal Board, and written and spoken on trademark law before numerous bar associations including the American Bar Association, the International Trademark Association, and the American Intellectual Property Law Association. Devitt is a graduate of Marquette University (M.A. and B.A.) and received her J.D. from the University of San Francisco School of Law.

Williams focuses her practice on trademark portfolio management, worldwide prosecution and policing of trademarks, dispute resolution, UDPR proceedings, litigation, copyright law, licensing, Internet law and rights of publicity. She brings over ten years of experience in assisting clients in the selection, creation and protection of brands. Williams advises clients in a variety of industries ranging from medical devices and software to apparel and consumer goods and services. Williams received her B.A. from the University of California, Berkeley and her J.D. from Georgetown University Law Center. 
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