Friday, February 8, 2013

Real Sentencing: Not Nearly As Interesting

At Popehat, Ken does something that needed to be done in his post delightfully entitled Crime: Whale Sushi. Sentence: ELEVENTY MILLION YEARS. A bit hyperbolic, since everyone knows that the sentence for whale sushi is never longer then 90,000,000 years, but Ken is allowed to stretch the truth a bit to make a point.

People reporting on federal criminal justice — whether journalists or bloggers — routinely report on the statutory maximum sentence that a defendant could hypothetically get, an oft-ridiculous figure calculated by taking all the charged crimes and adding up the maximum punishment for each. This is usually followed by some sort of pronouncement that THIS PERSON CHARGED OF MINOR CRIMES FACES MORE JAIL TIME THAN YOU'D GET IF YOU BEAT A TODDLER TO DEATH WITH AN UNCONSCIOUS NUN WHILE RAPING A BLIND LIBRARIAN, or words to that effect.

The problem is this number — the sum of the maximum sentence for all the crimes charged in a federal case — usually bears almost no relation to the sentence the defendant actually faces.

Ken goes on to provide a working explanation of the federal Sentencing Guidelines, which (according to the USSC, at least) still provide the starting point for federal sentences.  Every criminal defense lawyer who practices in federal court is well aware of the impact of the Guidelines. Indeed, one of the first things we do is get a working understanding of how the Guidelines would apply in a case, so that we can explain to our clients what they are facing. 

For those who think these stories of ELEVENTY MILLION YEARS influence plea decisions, they fail to comprehend that there are lawyers involved who, assuming they know their function, have provided a more accurate assessment. That said, the numbers under the Guidelines are often high enough to scare a defendant into a plea. The statutory maximums aren't needed for that, even if we didn't dispel the silliness off the top.

The fact is that stories of crime and punishment have long fascinated people, and so they are reported with abandon.  By abandon, I mean inaccurately. Repeating statutory max's is a common mechanism to catch people's interest, to take the story from the sublime to the ridiculous.  After all, who wouldn't be astounded that whale sushi could land a chef in prison for ELEVENTY MILLION YEARS!!!

The problem is that it makes people stupider.  This became painful during discussion of the Aaron Swartz suicide, where story after story recited that he faced decades in prison.  Of course, there was no potential of that ever happening, but this framed the discussion and skewed any potential for meaningful discussion of what was wrong with the system. It detracted from focus on the real problems by presenting an absurd strawman problem. So many fine minds lost to such nonsense.

Whether non-lawyer or lawyer who doesn't practice criminal law, the interest in the criminal justice system remains strong and broad.  This is a good thing, as the more people interested means the more people who will pay attention to the things that go horribly wrong and the need to change for the better.  But that positive is obscured when the wrong isn't real, but just a rhetorical trick played by the ignorant or deceitful. 

While many reporters simply don't understand that these numbers are a meaningless sham, some do and play them up anyway.  It creates controversy and gets them readers, and that's more important than illuminating.  Ironically, when a criminal defense lawyer tries to straighten out the misinformation, we're frequently told that we're the idiots who don't get it. After all, how can so many credible sources be wrong?

Since Ken's busy, I'm just writing to thank Instapundit, Boing Boing, Volokh, Will Wheaton, John Scalzi, Something Awful, Mark Cuban, Radley Balko, Gawker, Deadspin, Ars Technica, Hot Air, Zero Hedge, and James Taranto at the Wall Street Journal's Best of the Web Today for all the links to this post. We hope your readers will stick around.

Special thanks to Paul at the New York Times (you know who you are) and all the guys at Reddit who pushed this post to the front page. Keep rockin'.

Ken's post was a public service. I wish I had written it, but deeply appreciate that Ken did so.  If this takes some of the pizzazz out of the stories for you, and makes them a bit less fascinating, them's the breaks. From where I sit, the stories are harsh enough when based on reality rather than some statutory max flight of fantasy. Better we discuss the real issues than engage in fantasy.



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Source: http://blog.simplejustice.us/2013/02/06/real-sentencing-not-nearly-as-interesting.aspx?ref=rss

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The Path to Becoming a Solo Practitioner

New Solo host and solo practitioner, Attorney Kyle R. Guelcher, spotlights solo attorney Carl Irace and his path to becoming a successful solo practitioner. Carl discusses his career as an Assistant District Attorney in New York City and explains the challenges of moving from the public to the private sector. Carl also gives tips for marketing solo practices in small markets.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/06/the-path-to-becoming-a-solo-practitioner/

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Thursday, February 7, 2013

Lake and Cook latest courts to offer eFiling

Lake and Cook counties are the latest courts in Minnesota to offer eFiling and eService for family, civil, criminal and probate cases.

The two counties started offering the services this month as the state continues to expand the program.

Attorneys using eFiling can electronically file their case materials in Word document, or as a PDF or TIF, in to the state’s electronic case management system. It requires no special software to file cases and attorneys can file with the court without having to pay for postage. It will also help judges and court staff view and work from the most up to date documents from anywhere with Internet access.

More information on eFiling and eService, including what counties are participating in the program is available here.

 

Source: http://minnlawyer.com/minnlawyerblog/2013/01/30/lake-and-cook-latest-courts-to-offer-efiling/

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Supreme Court Watch: Employment law cases

We will be watching three pending cases at the US Supreme Court as the Court's session opens today:

Kloeckner v. Solis
Oral argument on October 2.

The Merit Systems Protection Board (MSPB) hears appeals by federal employees regarding certain adverse actions, such as dismissals. If the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."

Question Presented: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?

Vance v. Ball State Univ
Oral argument on November 26.

Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) held that under Title VII, an employer is vicariously liable for workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.

Question Presented: Whether the Faragher and Ellerth “supervisor” liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim.

Genesis HealthCare v. Symczyk
Oral argument December 3.

Symczk sued under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. This was a section 216(b) collective action. The defendants extended an offer of judgment under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and costs - prior to her moving for conditional certification and prior to other potential plaintiffs opting in.

Question Presented: Whether a case becomes moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims.

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Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html

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The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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Brainless Blunders in E-Discovery Searches

Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/04/brainless-blunders-in-e-discovery-searches/

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To lure students, public law school drops out-of-state tuition

As law schools nationwide scramble to fill their classes, the University of Akron School of Law has stepped up with a new carrot to lure applicants, offering in-state tuition rates to nonresidents who would normally pay higher rates. The school also will freeze tuition for the entering class of 2013 through graduation.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202587287831&rss=newswire

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The Latest in Court Technology for Paralegals

Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/02/the-latest-in-court-technology-for-paralegals/

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Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving Variable Life Insurance Policies

In Freeman Investments, LP v. Pacific Life Insurance Co., No. 09-55513, 2013 WL 11884 (9th Cir. Jan 2, 2013), the United States Court of Appeals for the Ninth Circuit held that the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) precluded plaintiffs’ class claims for violations of California Business & Professions Code § 17200, but did not preclude plaintiffs’ breach of contract claims. The Court held that the Section 17200 claims were predicated on alleged misrepresentations and omissions, whereas the contract claims were not. The Ninth Circuit’s holding reaffirms the courts’ broad application of SLUSA to class claims that are dependent upon allegations of misrepresentations or omissions.

Plaintiffs purchased variable universal life insurance policies from defendant Pacific Life Insurance Company (“Pacific Life”). Variable universal life insurance policies allow the policyholder to share in the gains, or losses, generated by the insurer’s investment of premiums. Plaintiffs alleged that Pacific Life’s levying of excessive “cost of insurance” charges in its administration of the insurance policies resulted in a decrease to the amount of money available for investments.

Plaintiffs filed a class action against Pacific Life on behalf of purchasers of Pacific Life’s variable universal life insurance policies. They asserted claims for breach of contract, breach of the duty of good faith and fair dealing and unfair competition under Section 17200, claiming that Pacific Life deviated from industry standards in calculating the “cost of insurance.” Plaintiffs alleged that “cost of insurance” was a term of art which they expected would be calculated “based on industry accepted actuarial determinations.” Instead, plaintiffs alleged, Pacific Life secretly debited an amount “in excess of true mortality charges.”

Pacific Life moved to dismiss under SLUSA. SLUSA generally precludes state law class actions that allege misrepresentations or misleading omissions in connection with the purchase or sale of covered securities. The parties here did not dispute that variable universal life insurance policies issued by Pacific Life constituted “covered securities” under SLUSA. At issue, however, was whether the plaintiffs’ Section 17200 claim and their claims for breach of contract and breach of the duty of good faith and fair dealing alleged misrepresentations or fraudulent omissions such that they would be precluded by SLUSA.

The United States District Court for the Central District of California dismissed. It agreed that the class action could not be maintained under state law because all of plaintiffs’ claims involved the omission of facts and possible misrepresentations in connection with the purchase of the insurance policies. Plaintiffs appealed.

The Ninth Circuit affirmed in part and reversed in part. The Court recognized that plaintiffs’ claim under Section 17200 was dependent upon allegations of misrepresentations and omissions in connection with the sale of the policies. Thus the Court held, consistent with the Supreme Court’s decision in in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 71 (2006) [blog article here], that the “in connection with” language of SLUSA should be construed broadly to cover plaintiffs’ allegation that Pacific violated Section 17200 by “engag[ing] in fraud or misrepresentation that drained their investments.” The Court thus affirmed the dismissal of the Section 17200 claim under SLUSA.

With respect to the contract claims, however, the Ninth Circuit reversed. The essence of plaintiffs’ contract claims was a “dispute about the meaning of a key contract term.” In order to succeed on their claim for breach of contract and breach of the duty of good faith and fair dealing, plaintiffs would need to “convince the court or jury that theirs is the accepted meaning in the industry,” not that “Pacific misrepresented the cost of insurance or omitted critical details.” Accordingly, the Court reversed the dismissal of the breach of contract claim and remanded it to the district court, requiring plaintiffs to amend their complaint to remove any allegations of fraud or active concealment.

Freeman Investments reaffirms that SLUSA should be applied broadly to class claims that are dependent upon proof of misrepresentations or omissions in connection with the purchase or sale of covered securities.

For further information, please contact John Stigi at (310) 228-3717 or Bridget Russell at (310) 228-2273.

Source:
http://www.corporatesecuritieslawblog.com/securities-litigation-ninth-circuit-applies-securities-litigation-uniform-standards-act-to-affirm-dismissal-of-section-17200-class-action-involving-variable-life-insurance-policies.html

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Solo Sanity: How to Control the Anxiety

The largest proportion of attorneys work as sole practitioners, or within small firms and chronic stress is rampant among these attorneys, who face stress from all sides. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins returning guest, Attorney Eric MacLeish, principal of MacLeish & Woolverton, to cite the major stress points for sole and small firm attorneys, steps attorneys can take to reduce the impact of acute and chronic stress, and the benefits of learning to manage stress.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/04/solo-sanity-how-to-control-the-anxiety/

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Wednesday, February 6, 2013

AG Holder slams S&P for 'egregious' conduct in ratings

Attorney General Eric Holder Jr., standing with a team of state attorneys general, announced Tuesday a civil suit against credit ratings agency Standard & Poor's that alleges the company essentially defrauded investors between 2004 and 2007, misrepresenting the soundness of products that were at the heart of the financial crisis. Also see: Sheen of Invincibility Dims for Rating Agencies With New DOJ Suit and Calif. AG Sues S&P Over Mortgage Securities' Ratings

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202587087232&rss=newswire

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Warnings to lie low supported retaliation claim

A female former fundraiser for Virginia Tech presented enough evidence to support a jury verdict that the university had retaliated against her in violation of Title VII, a federal appellate panel said on Jan. 31.

Shana Maron, one of three female fundraisers who sued, alleged that when she sought a promotion with a higher salary, a male supervisor suggested she was not eligible for the salary previously paid because the person she wanted to follow “was the head of his household and had mouths to feed,” and that’s why he had earned a higher salary. She also testified that the male supervisor told her that hiring someone like Maron, who was “young, newly married” and in “child-bearing years” would be a “liability” because she might be out of work for a “significant” time.

When the case went to trial the first time, a jury found for Maron and awarded her $25,000 on her wage claim and $61,000 on her retaliation claim. Senior U.S. District Judge James C. Turk set aside the verdicts, entered judgment for Virginia Tech on Maron’s retaliation claim and granted a new trial on two of the plaintiffs’ claims. They came up empty-handed after retrial, and appealed to the 4th U.S. Circuit Court of Appeals.

On appeal, the university argued that Maron had suffered only “petty slights.”

The 4th Circuit panel disagreed. Three sets of circumstances after Maron complained of sex discrimination supported the original jury decision for her on her retaliation claim, the panel said in its unpublished opinion in Maron v. Virginia Polytechnic Inst. & State Univ.

In February 2008, Maron said, her supervisor, university vice president Elizabeth Flanagan, told Maron she had “shown very poor judgment” and she needed to “stop pursuing the things” she was pursuing or Maron would “ruin” her career “in a very public way.” Maron said Flanagan warned her that if Maron wanted to keep her job, she “needed to become invisible” and “stay off the radar for the next six months at a minimum.”

Maron also testified that, at one point, she expected to receive a promotion and raise, based on her “benchmark” achievements, but those “benchmarks” were “spontaneously changed” without cause to new markers not required of other employees.

Finally, Maron testified that when she used Family & Medical Leave Act time after she contracted mononucleosis, her supervisors attempted to replace her.

Although there was conflicting evidence at trial, the appellate standard required the evidence to be viewed in favor of Maron, who won the first round before the jury.

The district court erred in entering judgment for Virginia Tech on Maron’s retaliation claim, the appellate panel said. It remanded the case so Turk could consider whether to grant a new trial on the retaliation claim.

Virginia Tech won in appeals by two plaintiffs of the wage claim decision, as the appellate panel said the university had shown the pay disparities were attributable to permissible distinctions, such as education, prior work experience and prior compensation. The third plaintiff’s claim under the Equal Pay Act was time-barred.
–Deborah Elkins

Source: http://valawyersweekly.com/vlwblog/2013/01/31/warnings-to-lay-low-supported-retaliation-claim/

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Paralegal Charged with Settling Cases and Stealing Proceeds

A legal assistant has been charged with embezzling more than $150,000 in client funds from a small personal injury law firm that shuttered last year when its founder, attorney Brian Ching, was disbarred for failing to prevent the fraud. Prosecutors claim Ana Reyes settled clients' suits without their or Ching's knowledge and then kept the proceeds for herself over a five-year period.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202586977711&rss=newswire

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Mark Woods: Do low taxes really attract businesses? (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video Stories, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/282986501?client_source=feed&format=rss

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Securing Electronic Law Firm Data for Big and Small Firms

Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program welcomes Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having inadequate security.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/01/securing-electronic-law-firm-data-for-big-and-small-firms/

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It’s a Blog Eat Blog World: Legal Blogs and the Solo Practitioner

Are you looking to start your own blog but don’t know where to begin? New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association joins legal blogger, legal technology guru and co-host of Legal Talk Network’s Lawyer2Lawyer, Attorney Bob Ambrogi, to offer tips to solos on starting your own blog. Bob talks about everything from which platform is best, to what type of information you should contribute as a blogger, to how to promote your blog and stand out from the others.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/03/its-a-blog-eat-blog-world-legal-blogs-and-the-solo-practitioner/

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Helpful Tips for Women Solo Practitioners

New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association is joined by Attorney Melissa Conner, from the Conner Law Offices out of Boston, Massachusetts, to spotlight women solos. Melissa shares her recommendations on everything from which organizations female attorneys can join when first starting their office, to the benefits of a women’s bar association to how to find a mentor.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/

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Judge Tosses RICO Claims over NPE's Patent Licensing Campaign

A federal judge has dismissed claims by Cisco Systems that Innovatio IP Ventures' patent licensing activities violated the Racketeer Influenced and Corrupt Organizations Act. The judge declined to dismiss Cisco's breach of contract claims, so the lawsuit isn't dead yet, but the ruling is a major vindication for Innovatio, a particularly controversial non-practicing entity.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.americanlawyer.com/digestTAL.jsp?id=1202587155016&rss=newswire

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Tuesday, February 5, 2013

Gone Clio with Attorney Bruce Godfrey

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Bruce Godfrey. Bruce covers everything from the similarities between his dad’s fishing tackle artisan shop and running his law practice, to Clio’s intuitive design, to the perks of going with a unified system for your practice.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/

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Legal Talk Network Live at LegalTechNY 2012-LexisNexis’ Loretta Ruppert on Launch of Firm Manager

Loretta Ruppert, from the Business of Law Software Solutions within LexisNexis, which represents software that helps law firms with their business challenges, talks about the launch of Firm Manager. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-lexisnexis-loretta-ruppert-on-launch-of-firm-manager/

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Gun Control Divides County Sheriffs

When President Obama announced new measures to prevent gun violence, one of the groups there to show support was the National Sheriffs' Association. But not all of its members agree with the national group's support for what it calls "common-sense steps."

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Source: http://www.npr.org/2013/02/04/171064219/gun-control-divides-county-sheriffs?ft=1&f=1070

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BP Settlement and the Plaintiffs' Steering Committee

In March of 2012, BP Oil reached a proposed class action settlement with the Plaintiffs' Steering Committee which BP has valued at about $7.8 billion. The court will consider final approval of the settlement at a Fairness Hearing scheduled for November 8, 2012. On Ringler Radio, host Larry Cohen and Ringler colleague, Wayne Wagner join guest, Attorney Paul Sterbcow from the firm Lewis, Kullman, Sterbcow & Abramson, to give a behind the scenes look at the Plaintiff’s Steering Committee and provide updates on a potential settlement for the worst oil spill in U.S. history.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/bp-settlement-and-the-plaintiffs-steering-committee/

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NLRB's recent significant decisions

The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.

The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.

Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.

Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.

Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.

Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.

United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.

WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.


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Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html

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The Controversial War on Drugs

Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/

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Legal Talk Network Live at LegalTechNY 2012-Burke & Company’s Christy Burke Talks About What’s New in Legal Industry

Christy Burke, from Burke & Company tells us about networking and shares the "latest and greatest" in legal technology. Christy also comments on exciting happenings within the legal industry including: convergence, mergers and acquisitions, and competition. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-burke-companys-christy-burke-talks-about-whats-new-in-legal-industry/

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Inside the Trayvon Martin Tragedy

The shooting death of 17 year old Trayvon Martin in Florida has sparked outrage across the country. On February 26, 2012, Trayvon died from a single gunshot to the chest. Police say neighborhood watch captain, George Zimmerman, fired that shot. Zimmerman is using Florida’s "Stand Your Ground" Law to justify the killing. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, welcome Professor Michelle Jacobs, from the University of Florida's Levin College of Law and Professor Kenneth Novak, Ph.D., Chair of the Department of Criminal Justice at the University of Missouri - Kansas City, to explore the legal issues surrounding the "Stand Your Ground" law, neighborhood watches, and the possibility of racial profiling.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/

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Monday, February 4, 2013

OMG! Lawyers Are Texting?

Twenty years ago, lawyers were debating whether to use email in their practices. It's now impossible to imagine lawyers practicing without using email. Studies indicate that eight trillion text messages were sent in 2011. Will we see texts and IMs becoming as integral to law practice as email has become? In this episode, Dennis Kennedy and Tom Mighell discuss the growing use of texts and IMs by everyone, how these technologies are starting to play a role in the everyday practice of law, and how lawyers should prepare for the use of these technologies in the future. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/04/omg-lawyers-are-texting/

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Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps

Eric Elfman spotlights "Onit Apps" for the legal marketplace which solve very specific problems for legal departments. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-onits-eric-elman-spotlights-onit-apps/

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The Regulation Agenda

At The National Law Journal's first-ever Regulatory Summit, Washington insiders made it clear: If the House and Senate are unable to overcome partisan gridlock, the president will almost certainly use executive orders and rulemaking at federal agencies to advance his second-term agenda.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585064766&rss=rss_nlj

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Securing Electronic Law Firm Data for Big and Small Firms

Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program welcomes Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having inadequate security.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/01/securing-electronic-law-firm-data-for-big-and-small-firms/

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Bill Carter on the Year Ahead

ALM CEO Bill Carter speaks with LTN Editor-in-Chief Monica Bay about new developments in the legal publishing industry.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202586192156&rss=newswire

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The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/10/the-only-constant-is-change-frcp-amendment-updates-and-departures-from-the-zubulake-gold-standard/

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OPINION: A political question imperative

The D.C. Circuit's ruling against NLRB recess appointments proves DOJ should rely on the political-question defense that was upheld by the Supreme Court in 'Goldwater v. Carter . '

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586633154&rss=rss_nlj

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Bill Carter on the Year Ahead

ALM CEO Bill Carter speaks with LTN Editor-in-Chief Monica Bay about new developments in the legal publishing industry.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202586192156&rss=newswire

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Sunday, February 3, 2013

Gone Clio with Attorney Joe Bahgat

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Joe Bahgat of Bahgat Law LLC. Jack and Joe talk about cost savings through Clio, hiring a virtual assistant, tools to help you stay organized and the capabilities of Clio’s document management and Clio Connect features.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/

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INTELLECTUAL PROPERTY: New act expands design-patent rights

Patent Law Treaties Implementation Act offers a unified procedure for obtaining design patents around the world.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586765400&rss=rss_nlj

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Best Billable Hour Practices for Paralegals

Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/07/best-billable-hour-practices-for-paralegals/

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Demystifying Technology Assisted Review; Taxation of Costs in Race Tires

Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, David D. Lewis, Ph.D., President of David D. Lewis Consulting and co-founder of TREC Legal Track and Kara M. Kirkeby, Esq., Manager of Document Review Services at Kroll Ontrack, Inc., to explore the exciting new developments in technology-assisted review, and how these developments are rapidly impacting the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, analyzes the March 16th 2012 appellate court decision in Race Tires America v. Hoosier Racing Tire.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/04/demystifying-technology-assisted-review-taxation-of-costs-in-race-tires/

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Language is Everything

We know oh so much more today than ever before. Technology, in particular, is changing our lives. Medical and nutrition advances are prolonging our lives. But, how did we ever succeed in getting to this point based on the way we grew up? Could our kids survive if they had to live our lives? See one perspective!

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/NGWCIyj1IiI/

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Gone Clio with Attorney Andrew Legrand

On Gone Clio, Clio co-founder Jack Newton talks with special guest, New Orleans lawyer, Andrew Legrand. Andrew discusses his method for being completely paperless, disaster recovery and cloud storage, Clio’s Maildrop feature and shares his thoughts on the online law practice model.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/

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Structured Settlements and NSSTA’s 2012 Mission

NSSTA stands for National Structured Settlements Trade Association - the largest gathering of top professionals in the country taking the a lead in the structured settlement industry. On Ringler Radio, host Larry Cohen welcomes Eric Vaughn, Executive Director of National Structured Settlements Trade Association, to discuss what’s ahead for NSSTA 2012. Eric addresses everything from NSSTA’s Annual Meeting to its Take the Hill initiative with Congress, and the steps individuals of retirement age should take to ensure a better financial future.

Click the link to see a video snippet of the podcast.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/03/structured-settlements-and-nsstas-2012-mission/

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Todd Stabelfeldt: Spinal Cord Injury Advocate, Entrepreneur, Inspiration

On this very special Ringler Radio, host Larry Cohen welcomes colleague, Tony Robinson and their guest, Todd Stabelfeldt, a spinal cord injury victim and an advocate for those who have suffered the same injury, to share his inspirational story. Larry, Tony and Todd discuss everything from spinal cord injuries and caregivers, to technology, to helping and educating others through The Todd Stabelfeldt Foundation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/04/todd-stabelfeldt-spinal-cord-injury-advocate-entrepreneur-inspiration/

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Saturday, February 2, 2013

NASDAQ Listed-Issuers Subject to New Rules Relating to Disclosure of Non-compliance with Listing Standards

Certain NASDAQ rules and interpretive material relating to the disclosure requirements surrounding a listed issuer’s non-compliance with the NASDAQ’s listing standards were amended effective December 3, 2012. Under the amended rules, an issuer that receives a notification of deficiency from the NASDAQ concerning non-compliance with continued listing standards must issue a more detailed public announcement. If an issuer fails to provide the required disclosure in a timely manner or if the disclosure is deficient or misleading, the NASDAQ is authorized to issue its own public disclosure.

Background

On October 3, 2012, citing inadequate public disclosure by some issuers following receipt of a notice of deficiency from the NASDAQ, the NASDAQ proposed amendments to its rules and interpretive materials designed to, among other things, provide the market with sufficient information to make informed trading decisions. The NASDAQ rules in effect at the time of the proposed amendments required a listed issuer to make a public announcement of the receipt of the notification of deficiency and identify the NASDAQ rule upon which the deficiency is based. Under those rules, an issuer could comply by merely disclosing the NASDAQ rule number and describing such rule. On December 3, 2012, the Securities and Exchange Commission approved the NASDAQ’s proposed rule change. The SEC did not receive any comments on the proposed rule change.

What is an issuer required to disclose now?

An issuer that receives a notification of deficiency from the NASDAQ concerning non-compliance with continued listing standards must:

  • ensure timely public announcement disclosing receipt of the NASDAQ notification and the rules upon which it is based by filing a Form 8-K, where required by SEC rules, or by issuing a press release, except that if the notification relates to a failure to meet the requirements of NASDAQ Rules 5250(c)(1) or (2), which relate to an issuer’s obligation to timely file periodic reports, the issuer must issue a press release;
  • publicly disclose in such Form 8-K or press release each specific basis and concern cited by the NASDAQ in its notification of deficiency; and
  • ensure that the information provided in such public announcement is not inaccurate or misleading.

Along with the above requirements, an issuer may now also provide its own analysis of the issues raised in the notice of deficiency. However, the SEC cautions that the appropriate forum for an appeal of delisting determination should be the adjudicatory process under the NASDAQ rules and that the issuer’s analysis should not be used “to litigate the issues”.

Under what circumstance can the NASDAQ issue its own public announcement?

The NASDAQ now has the authority to issue its own public announcement, if:

  • the issuer’s public announcement does not include all of the required information under the new rules or contains any misleading or inaccurate information, or
  • if the issuer does not make the public announcement within the prescribed time.

Can the NASDAQ halt trading in an issuer’s securities for inadequate disclosure?

Yes, the rules now allow the NASDAQ to halt trading of an issuer’s securities, if the issuer’s public announcement does not include all of the required information or if the issuer’s public announcement contains any inaccurate or misleading information. Trading will ordinarily resume after the NASDAQ makes its own public announcement, assuming that the issuer’s failure to make the announcement is the only basis for the trading halt. Previously, NASDAQ was authorized to halt trading of an issuer’s securities if the issuer failed to make the required public announcement within the prescribed time period.

When are the new rules effective?

The amended rules became effective December 3, 2012.

What should you do now?

Compliance and disclosure personnel of NASDAQ-listed issuers receiving a notice of deficiency should familiarize themselves with the current rules in order to prepare public announcements that satisfy the new requirements. Providing rule-compliant disclosures should avoid the NASDAQ from issuing its own public announcements thereby allowing issuers to retain control over the communications to the market regarding what can be a sensitive matter.

Issuer’s in receipt of a notice of deficiency and considering public disclosure of its own analysis of the issues cited by the NASDAQ should ensure that the issuer does not use the public announcement as a forum to litigate the issues and that the public announcement is not inaccurate or misleading. Any inaccurate or misleading analysis so disclosed by the issuer may result in the issuance of a separate public announcement by the NASDAQ clarifying the issuer’s announcement. The SEC expects the NASDAQ to actively monitor issuers’ analysis and for the NASDAQ to promptly issue a public announcement if it detects misleading or inaccurate information.

What if you have questions?

For any questions or more information on these or any related matters, please contact any attorney in the firm's corporate practice group. A list of such attorneys can be found by clicking "Lawyers" on this page. Edwin Astudillo and Yueting Liang participated in drafting this posting.

Disclaimer

This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.

Source:
http://www.corporatesecuritieslawblog.com/compliance-nasdaq-listedissuers-subject-to-new-rules-relating-to-disclosure-of-noncompliance-with-listing-standards.html

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A Look Back at 2011 E-Discovery News and Hot ESI Trends for 2012

In 2012, we anticipate a riveting period of progression and change in the rapidly evolving context of e-discovery. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes Magistrate Judge David Waxse from the U.S. District Court in Kansas and Alitia Faccone, partner at McCarter & English, to discuss the forecast for e-discovery in the new year and countdown to some of the hottest trends in this vibrant intersection of law and technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, looks back and navigates some of the biggest waves generated by e-discovery case law in 2011.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/01/a-look-back-at-2011-e-discovery-news-and-hot-esi-trends-for-2012/

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Maritime Injuries and Structured Settlements

You don't hear much about maritime law until a huge disaster like the Costa Concordia cruise ship, which ran aground off the coast of Italy earlier this year. But the fact is, maritime accidents happen frequently and people are often left severely injured. On Ringler Radio, host Larry Cohen and co-host, Keith Christie join guest, Attorney Charles Leche, a partner at Deutsch, Kerrigan & Stiles, as they take a look at maritime law and how injured parties can have a financially secure future through structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/maritime-injuries-and-structured-settlements/

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The Coming Fight Over Immigration Policy

President Barack Obama says he hopes that the immigration reform plan designed out by a bipartisan Senate committee will become a bill as soon as March. The president also warned, that this debate will become more heated and emotional as it moves ahead.

» E-Mail This     » Add to Del.icio.us

Source: http://www.npr.org/2013/01/31/170765389/the-coming-fight-over-immigration-policy?ft=1&f=1070

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IP Law Concentration

Professor Andrew Beckerman-Rodau discusses the Intellectual Property Law Concentration offered by Suffolk University Law School. To learn more about the program, please visit the Law School's website, http://bit.ly/JNtxXh.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/ip-law-concentration/

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Burn Injury Litigation

Millions of burn injuries are reported every year in the United States. When an individual is severely burned, they can be left scarred, endure severe emotional trauma and some often succumb to their injuries. On Ringler Radio, host Larry Cohen joins Attorney Marc Breakstone, founder and principal at Breakstone, White & Gluck, to talk about the various types of burn injuries litigation, liability and prevention.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/11/burn-injury-litigation/

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Friday, February 1, 2013

Ninth Circuit Reiterates that District Courts Must Analyze Allegations of Scienter "Holistically" In Determining Whether a Plaintiff Has Adequately Pleaded Securities Fraud Claims

In In re VeriFone Holdings, Inc. Securities Litigation, 2012 WL 6634351 (9th Cir. Dec. 21, 2012), the United States Court of Appeals for the Ninth Circuit reversed the dismissal of a securities fraud class action. Invoking the old adage that “the sum is greater than the parts,” the Court held that plaintiffs’ allegations of defendants’ scienter gave rise to a sufficiently strong inference of deliberate recklessness when considered “holistically.” In so holding, the panel seems to suggest that the long-standing “dual analysis” approach applied by courts in the Ninth Circuit when analyzing allegations of scienter under the heightened pleading requirements imposed by the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4 (“Reform Act”), should be applied less rigorously in light of the United States Supreme Court’s decision in Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309, 1324 (2011) [blog article here].

VeriFone designs, markets and services transaction automation systems that enable secure electronic payments among consumers, merchants and financial institutions. In November 2006, VeriFone acquired Lipman Electronic Engineering Ltd. (“Lipman”) and began integrating the two companies. VeriFone touted the merger as likely to improve its financial condition.

In the three quarters following the merger, VeriFone reported relatively high gross margins, allowing it to claim the merger was an immediate success. It was undisputed, however, that VeriFone’s reports were false. In three consecutive quarters, VeriFone’s preliminary internal reports showed it had fallen short of its earnings and gross margins projections. VeriFone’s CEO and CFO allegedly supervised accounting staff as they made baseless multimillion-dollar adjustments that brought reported results in line with expectations. Each time, the CEO and CFO allegedly accepted the adjustments without question, representing publicly that the Lipman merger was driving VeriFone’s success even as the adjustments grew in size and negatively impacted key metrics. Eventually, VeriFone was required to restate its financial statements. In response, VeriFone’s stock price fell.

Investors filed suit alleging that VeriFone, the CEO and the CFO violated Sections 10(b), 20(a) and 20A of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a) and 78t-1, and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. § 240.10b-5. To state a securities fraud claim under Section 10(b) and Rule 10b-5, plaintiffs are required by the Reform Act and prevailing Supreme Court authority to plead particularized facts giving rise to a strong inference that defendants acted with scienter, i.e., a mental state embracing intentional fraud or deliberate recklessness. A complaint adequately pleads scienter under the Reform Act “only if a reasonable person would deem the inference of scienter” from the complaint’s allegations “cogent and at least as compelling as any opposing inference one could draw from the facts alleged.” Tellabs Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 324 (2007) [blog article here].

Here, plaintiffs alleged that the CEO and CFO were aware through internal reports of the falsity of positive statements about the merger and VeriFone’s financial results. They characterized the alleged misconduct of the CEO and CFO as either intentionally directing a subordinate to make false adjustments or being deliberately reckless in failing to question and account for unsupported accounting entries. Defendants moved to dismiss, arguing that plaintiffs’ allegations of scienter gave rise only to an inference that VeriFone and its management were “victim[s] of a difficult acquisition complicated by incompatible [accounting] systems.”

The United States District Court for the Northern District of California agreed, holding that plaintiffs’ allegations failed to give rise to a strong inference of scienter. In reaching its decision, the district court followed the longstanding practice of courts in the Ninth Circuit of applying a two-step “dual analysis” to allegations of scienter. See, e.g., In Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 992 (9th Cir.2009) [blog article here]. The district court first analyzed the individual allegations of scienter separately by topic. After determining that the allegations associated with each grouping were insufficient on their own to give rise to a strong inference of defendants’ scienter, the district court then considered the allegations “holistically.” The district court concluded summarily that “[t]here are many allegations in this case, but they fare no better when read in combination than when read independently.” Plaintiffs appealed.

The Ninth Circuit reached a different conclusion. It held that even though when viewed in isolation any one allegation may not give rise to a strong inference of scienter, the court must consider the allegations “holistically” as the Supreme Court directed in Matrixx. Other than the general directive to “review all the allegations holistically,” however, the Supreme Court in Matrixx did not prescribe a particular method of analysis a court must undertake. Although Matrixx did not preclude a “dual analysis” approach, the Ninth Circuit observed that the risk from this long-standing approach is “that a piecemeal analysis will obscure a holistic view” and that “reviewing each allegation before reviewing them holistically ‘risks losing the forest for the trees’ and that such a method is unnecessarily inefficient.”

To avoid these “potential pitfalls,” the Ninth Circuit decided to analyze the allegations of scienter primarily through a “holistic review” to determine whether the they combined to create a sufficiently strong inference of intentional conduct or deliberate recklessness. The Court noted that in three consecutive quarters, the CEO and CFO allegedly received accurate reports at quarter-end indicating that VeriFone had not met its financial targets. Each time, they allegedly addressed these “unacceptable” results by providing VeriFone’s supply chain controller with accounting adjustments necessary to conform results to expectations — without allegedly asking the controller whether “whether the adjustments were based in fact or even why changes of that magnitude were necessary in the first place.” Thus, the Ninth Circuit held, “the logical inference” from these allegations was that VeriFone’s priority was meeting projections even at the expense of accuracy. The Ninth Circuit held that in the face of such repeated adjustments, the management “cannot simply close its eyes with a sigh of relief.” When viewed “holistically,” the Ninth Circuit concluded, plaintiffs’ allegations gave rise to a strong inference of scienter.

The Court’s decision could be viewed as relaxing the Ninth Circuit’s analytically rigorous two-step “dual analysis” approach to scienter. However, the Court was quick to confirm that the district court did not err as a matter of law by engaging in that approach. Rather, the panel held, district court’s error lied in its what it considered to be undue discounting of certain of the allegations and inferences to be drawn therefrom. In short, this decision turns less on differences in the analytical approach, and more on the simple fact that the Ninth Circuit panel drew inferences of scienter different from those drawn by the district court based upon the same allegations in the complaint.

For further information, please contact John Stigi at (310) 228-3717 or Taraneh Fard at (213) 617-5492.

Source:
http://www.corporatesecuritieslawblog.com/securities-litigation-ninth-circuit-reiterates-that-district-courts-must-analyze-allegations-of-scienter-holistically-in-determining-whether-a-plaintiff-has-adequately-pleaded-securities-fraud-claims.html

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BP Oil Spill Settlement Update

The BP oil spill created an environmental and economic disaster affecting the entire Gulf Coast region. On March 2, 2012, BP agreed to settle the class action of certain oil spill related claims with the plaintiff steering committee, representing the interests of individuals and businesses throughout the region. Ringler Radio host Larry Cohen talks with colleague, Robert P. Caples and guest, Attorney Rhon E. Jones from the Beasley Allen law firm, about the various aspects of the settlement, including the important major changes in how claims will now be administered.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/bp-oil-spill-settlement-update/

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The "Pink Collar" Profession: The Male Paralegal's Perspective

Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/06/the-pink-collar-profession-the-male-paralegals-perspective/

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Brewers Enlist DoJ Veterans

The lawyers representing Grupo Modelo SAB and Anheuser Busch InBev NV in their proposed tie-up have both spent time working for the agency now trying the block the deal: the Department of Justice’s antitrust division.

Source: http://blogs.wsj.com/law/2013/01/31/brewers-enlist-doj-veterans/?mod=WSJBlog

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Smartphone Security

Is your smartphone really secure? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, computer scientist, and certified forensic analyst Andrew Hoog, co-founder of viaForensics, to talk about the ins and outs of smartphone security. Andrew shares his insight on the most secure smartphone, whether mobile devices are really a target for sophisticated cyber-criminals and the policies corporations and law firms need to address mobile devices.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/01/smartphone-security/

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Feds Indict Nine Present and Former Traffic Court Judges

In one of the most sweeping criminal probes of Philadelphia judges, nine former and current Traffic Court judges have been charged by federal prosecutors with conspiring to manipulate cases "outside the judicial process, thereby achieving favorable outcomes on traffic citations for politically connected individuals, friends, family members, associates and others with influential positions."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202586474933&rss=newswire

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E-Discovery: What's Hot?

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586365589&rss=rss_nlj

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Michael Rothenberg, Public Interest Lawyer: In Memoriam

In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, recalls the life of Michael Rothenberg, a gifted public interest lawyer in New York City who died last week at the age of 47.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/michael-rothenberg-public-interest-lawyer-in-memoriam/

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