Friday, December 20, 2013
Affirmative action foe wins California court fight
In a bitter fight over the effects of affirmative action, the California Supreme Court ruled Thursday that law school data on race, attendance and grades should be available to the public.
The unanimous decision represents a legal victory for a law professor seeking to test his notion that minority students are actually harmed by preferential admissions policies.
University of California, Los Angeles law professor Richard Sander created a firestorm when he published his "mismatch theory" in the Stanford Law Review in 2004.
Critics swiftly attacked his conclusions, saying Sander understated the positive effects of affirmative action and based his thinking on inadequate statistics.
To further his research, Sander sought data on ethnicity and scholastic performance compiled by the State Bar of California with a public records request in 2008. The state bar denied the request, prompting the lawsuit.
Information compiled by the bar, a branch of the state judiciary responsible with licensing and disciplining lawyers, is "unparalleled," Sander said after the ruling Thursday.
Wednesday, November 6, 2013
German Court Begins Hearing Afghan Airstrike Case
A court in Germany has begun hearing a civil case brought by relatives of some of the 91 Afghans killed in a NATO airstrike four years ago.
Bonn regional court spokesman Philipp Prietze said Wednesday that the court reviewed video recorded by two U.S. fighter jets involved in the airstrike in the Afghan province of Kunduz on Sept. 4, 2009.
The strike was ordered by a German colonel fearful that insurgents would use two stolen fuel tankers to attack his troops.
Germany paid $5,000 each to victims' families, but some are seeking additional compensation. Most of the dead were civilians.
Separately, Germany said it would offer refuge to 182 Afghan translators and drivers who could face persecution after Western troops leave Afghanistan because they worked for the German military.
Wednesday, August 28, 2013
Judge denies motions in WVU media rights laws
A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.
Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.
The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.
The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.
Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.
The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.
The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.
Tuesday, June 25, 2013
McKennon Law Group - Insurance Bad Faith
Newport Beach's McKennon Law Group are experts at litigating and resolving bad faith insurance claim disputes. With extensive years of professional work in this area of practice, our law firm is one of the leading insurance litigation firms who can advocate for your case.
Our insurance bad faith attorneys are able to achieve the best settlement and verdicts when at court. California law imposes on every insurance contract a duty of good faith and fair dealing, based on fundamental fairness. The duty requires both parties to the insurance contract to conduct themselves in a manner which is fair and reasonable. Having worked with hundreds of bad faith insurance cases, we can get the success and best outcome for your bad faith insurance claims.
Our insurance bad faith attorneys are able to achieve the best settlement and verdicts when at court. California law imposes on every insurance contract a duty of good faith and fair dealing, based on fundamental fairness. The duty requires both parties to the insurance contract to conduct themselves in a manner which is fair and reasonable. Having worked with hundreds of bad faith insurance cases, we can get the success and best outcome for your bad faith insurance claims.
Thursday, May 23, 2013
Los Angeles jeweler pleads guilty in KPMG case
The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
Monday, April 8, 2013
High court poised to upend civil rights policies
Has the nation lived down its history of racism and should the law become colorblind?
Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.
In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.
The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.
The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory.
Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.
In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.
The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.
The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory.
Tuesday, February 5, 2013
Riley Bennett & Egloff - Bankruptcy & Reorganization
Our Indianapolis attorneys have substantial experience collecting monies owed to our business clients, in amounts ranging from thousands of dollars to hundreds of millions of dollars, in Indiana state courts and in federal bankruptcy courts. Our focus is on maximizing our client’s recovery in a timely and cost-effective manner.
Creditor’s Rights
The Firm’s creditors’ rights experience also includes such areas as foreclosures and deeds-in-lieu of foreclosure; appointment of receivers; replevin, garnishment and attachment proceedings, pre-judgment and post-judgment; suits on guaranties, Uniform Commercial Code issues, and other commercial litigation matters.
http://www.rbelaw.com/practice-areas/bankruptcy-reorganization
Creditor’s Rights
The Firm’s creditors’ rights experience also includes such areas as foreclosures and deeds-in-lieu of foreclosure; appointment of receivers; replevin, garnishment and attachment proceedings, pre-judgment and post-judgment; suits on guaranties, Uniform Commercial Code issues, and other commercial litigation matters.
http://www.rbelaw.com/practice-areas/bankruptcy-reorganization
Thursday, January 3, 2013
Ex-hedge fund manager pleads not guilty in NYC
A former hedge fund portfolio manager charged with engineering a record-setting inside trade scheme has pleaded not guilty to insider trading charges.
Authorities say Mathew Martoma persuaded a medical professor to leak secret data from an Alzheimer's disease drug trial. Investigators say it helped him earn more than a quarter-billion dollars in illegal profits.
Martoma appeared Thursday in federal court in Manhattan. He remains free on bail.
He was arrested in November at his $2 million Palm Beach County, Fla., home on securities fraud and conspiracy charges.
He is a former portfolio manager at an affiliate of a Stamford, Conn.-based firm owned by Steven A. Cohen, one of the world's richest men.
Martoma is the fourth person associated with SAC Capital to be arrested on insider trading charges in the past four years.
Authorities say Mathew Martoma persuaded a medical professor to leak secret data from an Alzheimer's disease drug trial. Investigators say it helped him earn more than a quarter-billion dollars in illegal profits.
Martoma appeared Thursday in federal court in Manhattan. He remains free on bail.
He was arrested in November at his $2 million Palm Beach County, Fla., home on securities fraud and conspiracy charges.
He is a former portfolio manager at an affiliate of a Stamford, Conn.-based firm owned by Steven A. Cohen, one of the world's richest men.
Martoma is the fourth person associated with SAC Capital to be arrested on insider trading charges in the past four years.
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