Court hears Southern Union appeal of $18M fine

Headline Legal News 2012/03/20 09:42   Bookmark and Share
The Supreme Court indicated Monday that it could throw out an $18 million penalty against a natural gas company convicted of an environmental violation in Rhode Island.

In arguments at the high court, several justices sounded skeptical of the government's case for upholding the penalty against Texas-based Southern Union Co. over its improper storage of mercury in a building in Pawtucket.

The arguments focused on whether a line of Supreme Court cases limiting judges' discretion to increase prison sentences also should apply to criminal fines, as Southern Union says.

The Obama administration says judges have much more discretion to hand out fines.

Unlike other Supreme Court disputes involving corporations, this case does not appear to divide the justices along ideological lines. In the sentencing cases, conservative Justice Antonin Scalia has been the most forceful advocate for reining in judges and requiring juries to find any facts that could lead to a longer sentence.

Scalia said he sees the Southern Union case as a logical extension of the court's earlier rulings. He said it would be odd to require a jury to establish facts that lead to even the shortest jail term, yet give judges freedom to decide on fines that "will make a pauper of you."

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Law Offices of Howard G. Smith Announces Class Action Lawsuit

Headline Legal News 2012/03/19 09:55   Bookmark and Share
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed in the United States District Court for the District of Arizona on behalf of all persons or entities who purchased the securities of First Solar Inc. between April 30, 2008 and February 28, 2012, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934.

First Solar engages in the design, manufacture and sale of thin-film semiconductor solar modules and photovoltaic solar power systems in the United States and internationally. The Complaint alleges that defendants issued false and misleading statements and/or failed to disclose material adverse facts about the Company's business, operations and prospects. Specifically, Defendants misrepresented or failed to disclose: (1) the full impact of certain solar module manufacturing flaws on the Company’s earnings; (2) that the Company was improperly recognizing revenue concerning certain products in its systems business; (3) that the Company lacked adequate internal and financial controls; and (4), as a result of the foregoing, that the Company's statements were materially false and misleading at all relevant times.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased First Solar securities between March 31, 2011 and February 6, 2012, you have certain rights, and have until May 14, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, Toll Free at (888) 638-4847, or by email to howardsmith@howardsmithlaw.com, or visit our website at http://www.howardsmithlaw.com.

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US court looks at possible Edwards lawyer conflict

Headline Legal News 2012/03/15 09:17   Bookmark and Share
A federal judge planned to hear Thursday whether former North Carolina Sen. John Edwards would create problems for his upcoming trial by hiring lawyers who represented his mistress in a lawsuit over the couple's alleged sex tape.

The hearing scheduled in Greensboro aims to air whether lawyers Alan Duncan and Allison Van Laningham could use insider knowledge of Edwards' mistress Rielle Hunter at the former presidential candidate's trial beginning next month.

Duncan and Van Laningham represented Hunter in a lawsuit that ended last month with a settlement that ordered all copies of the tape destroyed.

Federal prosecutors have said they'll likely call Hunter as a witness at Edwards' trial on campaign finance charges that he used nearly $1 million from two wealthy donors to hide the pregnant Hunter as he sought the White House in 2008. He has pleaded not guilty.

"To whom would Mr. Duncan's and Ms. Van Laningham's allegiance lie? Their new client or the one they represented as recently as two weeks ago in a lawsuit seeking to enforce those very privacy rights?" federal prosecutors said in a court filing last week.

Because of their previous attorney-client relationship with Hunter, Duncan and Van Laningham might take it easy on her if they were questioning Hunter under oath, prosecutors said.

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New York Securities Industry Litigation Law Firm

Headline Legal News 2012/03/14 10:47   Bookmark and Share
We have an extensive track record of successful engagements that can be matched by few firms of our size. With a dedicated focus on the financial services arena, we represent broker-dealers, registered representatives and other industry participants in a broad spectrum of securities disputes in court and in FINRA arbitration. Our principal attorney has handled approximately 200 FINRA arbitrations and has a lengthy record of success in those matters that have been tried to verdict.

Securities Litigation and Arbitration

Our clients have entrusted us to litigate sales practice disputes of virtually every type, encompassing a wide variety of products. As a small law firm, we are free from the conflicts faced by many larger law firms. This flexibility enables us to represent investors with substantial claims, along with claims in which one broker-dealer is adverse to another. Our founding partner is a certified arbitrator for FINRA and the NFA and formerly served as in-house counsel for an NYSE-member broker-dealer. This in-the-trenches experience provides unique insight to our advocacy.

Herskovits Law is a New York based law firm and has expertise in defending clients facing allegations of market manipulation and assorted FINRA rule violations. Their experience consistently guides their approach to successfully help fight for the rights of the victims of industry allegations.
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Health care lawyer Clement as high court regular

Headline Legal News 2012/03/12 10:45   Bookmark and Share
Paul Clement used to argue for the federal government's power until he started arguing against it.

But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.

Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.

In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.

Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.

He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.
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Lawyer: Jackson theft accused will prove innocence

Headline Legal News 2012/03/07 09:25   Bookmark and Share
Two Michael Jackson fans accused of stealing unreleased music by the late King of Pop from Sony's computers are confident they can prove their innocence in court, their lawyer said Wednesday.

Solicitor Karen Todner said James Marks and Jamie McCormick "are eager to point out to Michael Jackson's fans and family that they would never do anything to harm the legacy that is Michael Jackson's music."

"As Michael Jackson has said," she added, "'Lies run sprints but the truth runs marathons.'"

The two British men were arrested last year after Sony Music Entertainment noticed a breach of its systems.

The entertainment company has a seven-year deal, worth up to $250 million, to sell unreleased recordings by Jackson, who died in 2009 at the age of 50.
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