Tuesday, June 30, 2009

Court Rules Franken Has Won Senate Seat

The Minnesota Supreme Court on Tuesday issued its long-awaited judgment in the Senate race, declaring that the Democrat, Al Franken, is the winner.

Monday, June 29, 2009

Justices Rule for White Firefighters in Bias Case

The Supreme Court ruled on Monday that white firefighters in New Haven were subjected to race discrimination when the city threw out a promotional examination on which they had done well and black firefighters poorly.

Read the whole article at http://bit.ly/fGdiT

Is this a fair ruling?

Bernard Madoff Gets 150-Year Prison Term

Bernard Madoff was sentenced to 150 years in federal prison for masterminding the largest Ponzi scheme in history, a penalty six times longer than those meted out to the chief executives of WorldCom Inc. and Enron Corp.

Was his sentence too harsh or too lenient? Comment below...

It’s Now Legal to Catch a Raindrop in Colorado

It's Now Legal to Catch a Raindrop in Colorado

As amazing as that sounds, it was illegal to catch water from the gutters of your home to water your garden...until now. Check out http://bit.ly/7MBvR

McKenna argues against federal preemption of consumer laws

OLYMPIA, Wash. (Legal Newsline)-The federal government should be careful not to fetter efforts by state attorneys general to go after consumer frauds in the banking industry, Washington Attorney General Rob McKenna said.

In an interview with Legal Newsline, McKenna said states ought to be able to pursue banking and financial services companies who break state laws.

"We need to be able to enforce our consumer protection laws without being preempted by the federal government," said McKenna, a Republican.

On Monday, the U.S. Supreme Court ruled that state attorneys general can investigate national banks but they cannot on their own subpoena financial institutions that have branches in other states.

The nation's highest court did say, however, that national banks are subject to some state laws under the National Banking Act. Given the federal law, the high court said that attorneys general may seek a court's help to enforce those state laws.

On whether state attorneys general should have more power over banks and the financial industry, McKenna said there is a balance that ought to be struck between state and federal oversight.

"It's important to have a national bank regulatory system," McKenna said. "I don't think that we should have 50 different state systems."

The attorney general added that there has been significant cooperation between the states and the federal government in addressing the subprime mortgage meltdown and the ensuing tide of home foreclosures.

McKenna, a member of the State Foreclosure Prevention Working Group, said the federal government is now "emulating" AGs' settlement with Bank of America's Countrywide Financial Corp.

The $8.4 billion multistate settlement ended some AGs' claims of predatory lending practices by Countrywide. The settlement, among other things, called for loan modifications.

"There is plenty of room for cooperation if the federal government wants to cooperate with the states," McKenna said. "Now we are seeing that interest in cooperation."

From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.

A securities class action has been filed against Oppenheimer Rochester National Municipals Fund

A securities class action has been filed against Oppenheimer Rochester National Municipals Fund (N.D.FLA) (ORNAX, ORNBX, ORNCX) (the "Fund") on behalf of all purchasers of shares in the Fund in the United States District Court for the Northern District of Florida.

The complaint alleges that in public filings and in annual and semi-annual reports to the Fund's shareholders, defendants made omissions and misstatements of material fact concerning the Fund and its assets, and failed to accurately describe the risks involved in owning shares of the Fund, including the risks posed by illiquidity and uncertain valuation of the Fund's assets. The annual and semi-annual reports to the Fund's shareholders also failed and continue to fail to disclose the true illiquidity of the Fund's assets and overstated and continue to overstate the true value of its municipal bonds or "special assessment" bonds and the fact that a great portion of the "special assessment" bonds are in default and/or are involved in foreclosure proceedings.
OppenheimerFunds, Inc. ("Oppenheimer") managed the Fund and owed duties to the Fund's shareholders and the investing public with respect to its activities as the Fund's manager and investment advisor. Had Oppenheimer carried out its duties properly in connection with the management of the financial statements of the Fund, it would have ascertained that the Fund was not properly pricing the securities contained in the Fund's portfolio and was engaged in prohibited transactions. As a result, Oppenheimer violated its duties to the Fund's shareholders with respect to the management of the Fund's assets.


Class Period: On behalf of all purchasers of shares in the Oppenheimer Rochester National Municipals Fund
Lead Plaintiff
Deadline: TBD
Date Filed: June 26, 2009
Court: USDC Northern Florida
Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

Thursday, June 25, 2009

Hedge Fund Managers Twitter To Gain Advantage

The Daily Telegraph reports that traders at certain hedge funds are using technology to monitor 'tweets' on Twitter to capture and analysis 'event based' information which is fed into automated trading platforms.

And Reuters reports that Mount Kellett Capital Management, a private equity firm run by former Goldman Sacher Mark McGoldrick (known as 'Goldfinger' because of his earnings power) is said to have raised $2.5bn for a new fund to be invested in opportunities in Asia, especially China.

Zhao Danyang, the hedge fund manager who paid last year's record $2.11m to lunch with Warren Buffett (all for charity), told Bloomberg TV that he owed the 600% return his firm has generated over the last 6 years to the Sage. 'Buffett is my teacher', he said. 'In my heart, I am really thankful to him'.

The New York Times reports that convicted fraudster Bernie Madoff is hoping to be let-off with a 12-year jail sentence when he comes before a judge later this month. Madoff's lawyer, Ira Sorkin, wrote to the judge, pointing out that his client 'is currently 71 years old, and has an approximate life expectancy of 13 years.....A prison term of 12 years - just short of an effective life sentence - will sufficiently address the goals of deterrence, protecting the public, and promoting respect for the law'. Bernie faces a maximum sentence of 150 years.

Finally, The Times reports that billionaire financial Sir Allen Stanford has now returned to Texas under the custody of US Marshals, after being arrested by the FBI last week. Stanford, who (with others) has been accused of engaging in a $7bn Ponzi scheme, will appear at a bail hearing in Houston Thursday.

5 Easy Steps to Create Your Law Firm Marketing Plan

5 Easy Steps to Create Your Law Firm Marketing Plan

http://bit.ly/kAE5T

Comment from Ramakant Gaur:
"It's really an enlightening effort. Business plan or law firm marketing are the alien words for the lawyes..."

Is Poor Information Management Putting Your Firm and Attorneys at Risk?

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A securities class action has been filed against Nortel Networks Corp.

A securities class action has been filed against Nortel Networks Corp. (Ticker: NRTLQ) ("Nortel" or the "Company") on behalf of all common stock securities purchasers from May 2, 2008 through September 17, 2008 (Class Period) in the United States District Court for the Sourthern District of New York.

The Complaint alleges that throughout the Class Period, defendants failed to disclose material adverse facts about Nortel's true financial condition, business and prospects. Specifically, defendants failed to disclose the following adverse facts, among others: (i) that demand for the Company's products was declining as carriers cut back their capital expenditures and other customers deferred purchase decisions; (ii) that the Company's financial results were materially overstated as the Company was failing to properly write-down its goodwill; (iii) that the Company's restructuring was not meeting with success as the Company was struggling to cut costs and improve profitability; (iv) and as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company, its business, operations, earnings and prospects.

On September 17, 2008, Nortel issued a press release announcing its "preliminary view on certain third quarter results." The Company also announced that it was engaging in a "comprehensive review" of Nortel's business and that "planning" was "underway for further restructuring and other cost reduction initiatives. . ." In response to the Company's announcement, the price of Nortel stock declined from $5.30 per share to $2.68, on heavy trading volume.


Class Period: May 2, 2008 - September 17, 2008
Lead Plaintiff
Deadline: July 20, 2009
Date Filed: May 18, 2009
Court: US District Court, Southern District
Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

A securities class action has been filed against Raymond James Financial, Inc.

A securities class action has been filed against Raymond James Financial, Inc. (RJF) ("Raymond James") on behalf of securities purchasers from April 22, 2008 through April 14, 2009 (Class Period).

The Complaint alleges that defendants repeatedly touted its supposedly conservative management practices and avoidance of risky assets associated with subprime residential mortgages. Defendants, however, failed to disclose that RJF understated the credits risks of its wholly-owned subsidiary's commercial and residential loan portfolios, and failed to set aside adequate reserves for the losses that RJF knew, or recklessly disregarded, were forthcoming. On April 14, 2009, RJF shocked investors when it announced that results for the second fiscal quarter ended March 31, 2009, would be well below the consensus analysts' estimates. RJF also announced that both its commercial and residential portfolios would require higher loss reserves, with the loan loss provision tripling from the previous quarter. In response to such an unexpected sharp increase in loan loss provisions, investors sent RJF shares plummeting. RJF closed down $2.57 per share, or 13.48%, to close at $16.49 per share on April 15, 2009 on unusually high volume. Over the next few days, RJF's stock price traded as low as under $15 per share, well below its Class Period highs of over $38 per share.

Class Period: April 22, 2008 - April 14, 2009
Lead Plaintiff
Deadline: August 10, 2009
Date Filed: June 9, 2009
Court: USDC, New York (Southern District)
Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

securities class action has been filed against Shearson Financial Network, Inc.

A securities class action has been filed against Shearson Financial Network, Inc. (Ticker: SHSNQ) ("Shearson Financial" or the "Company") on behalf of all common stock securities purchasers from May 7, 2009 through May 12, 2009 (Class Period) in the United States District Court for the Eastern District of Arkansas.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding Shearson Financial's emergence from bankruptcy. The Company caused a press release to be issued on May 7, 2009, that stated the Company had emerged from bankruptcy. In the press release, the Company used the ticker symbol, SHSNQ to identify itself, which was the ticker symbol belonging to the Company's old stock which would ultimately be cancelled. However, at the time the Company issued the press release the stock listed under the ticker symbol SHSNQ was still trading and had not been cancelled. As a result of defendants' false and misleading statements, Shearson's securities traded at artificially inflated prices during the Class Period, reaching a high of $.039 on May 8, 2009.

On May 11, 2009, the Company issued a press release stating among other things that the stock trading under the ticker symbol SHSNQ would be cancelled and that Shearson's new stock would trade under a different ticker symbol.

Class Period: May 7, 2009 - May 12, 2009
Lead Plaintiff
Deadline: August 17, 2009
Date Filed: June 18, 2009
Court: USDC, Arkansas (Eastern)
Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

securities class action has been filed against OPNYX

A securities class action has been filed against Oppenheimer Amt- Free New York Municipals Fund (OPNYX) ("The Fund") on behalf of all securities purchasers from May 21, 2006 through October 21, 2008, inclusive ("Class Period") in the United States District Court for the Southern District of New York.
The complaint alleges that the Fund, Oppenheimer Funds, Inc., and certain of its officers and directors, are in violation of the Securities Act of 1933 for failing to properly disclose the Fund’s investments in inverse floaters and the attendant risks.
Contrary to the disclosures made by the Fund to the investing public in its Securities and Exchange Commission (the "SEC") filings and other public disseminations during the Class Period, the Fund employed strategies designed to enhance its reported returns while, at the same time, these strategies exposed the Fund to a much greater risk of price declines in the value of its portfolio securities in the event of illiquidity in the market for municipal securities. However, the prospectuses and other sales materials employed by the Fund, in selling and marketing its services and product, failed to disclose that these very strategies exposed the Fund to substantially greater risk of loss should the Fund be forced to sell large blocks of portfolio securities at disadvantageous times at prices reduced from those at which the securities were previously carried on the Fund’s books.

Class Period: May 21, 2006 through October 21, 2008
Lead Plaintiff
Deadline: August 7, 2009
Date Filed: May 20, 2009
Court: USDC Southern New York
Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

securities class action has been filed against CJBK

A securities class action has been filed against Central Jersey Bancorp (CJBK) (the "Company") on behalf of all securities purchasers in the New Jersey Superior Court, Ocean County.

The Complaint alleges that the directors of the Company are in breach of their fiduciary duties to shareholders in connection with the Company's entry into an agreement and plan or merger with OceanFirst Financial Corp. (the "Agreement").

Class Definition:

On behalf of all shareholders of Central Jersey Bancorp

Date Filed:

June 8, 2009

Court:

New Jersey Superior Court, Ocean County

Please contact Scott+Scott LLP either via e-mail at scottlaw@scott-scott.com, call (800) 404-7770 or (860) 537-5537, or visit our website at www.scott-scott.com if you would like further information about this lawsuit.

Strip Search of a Child is Illegal

A recent ruling by the Supreme Court makes strip searching a child illegal. Did we really need the Supreme Court to rule on this? Whatever happened to common sense?

http://bit.ly/17aNtu

Religious Discrimination Case Settled

The Grand Traverse County village of Fife Lake and a local church have reached a settlement in a federal lawsuit against the town for treating religious groups differently from other community organizations in allowing such groups to use a government-owned municipal building. A consent decree (PDF) has been issued by the court.

Settlement reached in Fife Lake religious discrimination case
http://bit.ly/oHn3M

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