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Court says nothing about health care appeal
Law Firm News | 2011/11/12 09:42
The Supreme Court is not immediately saying whether it will make an election-year determination on the constitutionality of President Barack Obama's health care overhaul.

Justices met in private conference Thursday to consider new cases to hear next year. Appeals surrounding the health care overhaul were on the list to be discussed, but there was no announcement as to whether the hot-button issue had even been discussed.

The next opportunity justices have to reveal when or if they will hear a health care overhaul appeal is on Monday.

Lower courts have ruled in conflicting ways on the new law and its requirement that individuals buy health insurance starting in 2014 or pay a penalty.

If the court decides to take the case, oral arguments could come as early as March.


Dyer Berens LLP Files Class Action Lawsuit
Law Firm News | 2011/10/25 09:48
Dyer amp; Berens LLP announced that it has filed a class action lawsuit in the United States District Court for the District of Colorado on behalf of all persons who purchased or otherwise acquired the common stock of AgFeed Industries, Inc. between March 16, 2009 and August 2, 2011, inclusive. AgFeed is engaged in the animal nutrition and commercial hog producing businesses in China and maintains its principal executive offices in Colorado.

What actions may I take at this time?

If you purchased or acquired shares during the Class Period and wish to serve as a lead plaintiff, you must request appointment by the court no later than December 19, 2011. A lead plaintiff works with counsel to direct the litigation and participates in important decisions, including the amount of compensation to accept in settlement of the class action. The lead plaintiffs here will be selected from among applicants claiming the largest loss from their investment in the Company during the Class Period.

What are the allegations in the complaint?

The complaint contains allegations that, during the Class Period, defendants issued materially false and misleading statements regarding the Company's business. Specifically, the defendants misrepresented and concealed from the investing public that, among other things: (i) AgFeed's formula-based analysis for determining accounts receivable and calculating reserves for doubtful accounts did not take into consideration the individual repayment abilities of its customers; (ii) the Company's accounts receivable were materially overvalued and its allowances for doubtful accounts were significantly under-reserved; and (iii) the Company exaggerated its market edge as the combination of overstated assets and understated expenses resulted in an illusion of heightened profitability and Company value. Based upon the foregoing, the complaint charges the Company and certain of its officers with violations of the Securities Exchange Act of 1934.

About Dyer amp; Berens LLP.

The plaintiffs are represented by Dyer amp; Berens LLP. The firm's extensive experience in securities litigation, particularly in cases brought under the Private Securities Litigation Reform Act, has contributed to the recovery of hundreds of millions of dollars for aggrieved investors. For more information about the firm, please visit www.dyerberens.com.


Greenberg Traurig Receives 2 International MA Advisor Awards
Law Firm News | 2011/10/18 10:07
The international law firm Greenberg Traurig, LLP won two awards in the Major Transaction category for Corporate/Strategic Acquisition of the Year and for Financing Deal of the Year at The Mamp;A Advisor 3rd Annual International Mamp;A Awards. The awards were presented for Greenberg Traurig's role in the business combination of Liberty Acquisition Holdings Corp. and Promotora de Informaciones, a transaction that involved more than 100 firm attorneys. The firm was also a finalist for Mamp;A Deal of the Year and Turnaround Deal of the Year in the Major Transaction category and for Media, Entertainment and Telecom in the Sector Transaction category.

Leading the Liberty deal team at Greenberg Traurig were, from the Fort Lauderdale office, shareholders Donn Beloff, Bruce March and Brian Gavsie, and associate Bernie Grondin; from the Miami office, shareholders Patricia Menendez-Cambó, Chair of the firm’s Global Practice Group, Randy Bullard, and Mark Lopez, and associate Enrique Conde; from the New York office, shareholders Alan Annex and Ken Gerasimovich; from the Tysons Corner office, shareholder Jason Simon; from the Chicago office, shareholder Peter Lieberman; and from the Wilmington office, shareholder Kelly Terribile. The winners were announced at the 3rd Annual International Mamp;A Awards Gala on Tuesday, October 11, 2011, at The Cornell Club in New York City.

Comprised of more than 350 lawyers in more than 30 offices, Greenberg Traurig’s Corporate and Securities/Mamp;A Practice provides advice and services to companies and entrepreneurs throughout the Americas, Europe and Asia. Greenberg Traurig’s practice groups and attorneys have been recognized as No. 1 in their respective geographic regions by The National Law Journal, Chambers amp; Partners, Corporate Board Member magazine, Latin Lawyer magazine and numerous regional and local professional publications.

Most recently, Greenberg Traurig ranked 5th among all law firms representing investment banks in U.S. mergers and acquisitions transactions, with 12 announced transactions, in the 2011 Six-Month Banker Representations listing published by Corporate Control Alert. Firms were ranked by the total number of deals having a value of $100 million or more during the period from January 1, 2011 to June 30, 2011. According to league table reports published by Bloomberg, mergermarket and Thomson Reuters, during the first half of 2011, Greenberg Traurig had 50 Mamp;A deals announced globally, with a value of approximately $60 billion, up from 30 announced deals valued at approximately $16 billion in the first half of 2010. The firm's advance was propelled by its role in several high-profile transactions. Greenberg Traurig ranked in the top 15 law firms nationally and top 20 law firms globally in eight rankings in the reports, which highlight deal activity at top law firms across a broad array of deal types, regions, and industry sectors.

For additional information, please visit www.gtlaw.com.


Brower Piven Announces Investigation of El Paso Corp.
Law Firm News | 2011/10/17 10:07
The law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty to current shareholders of El Paso Corporation and other violations of state law by the Board of Directors of El Paso relating to the proposed acquisition of the company by Kinder Morgan, Inc. The firm’s investigation seeks to determine whether El Paso’s Board breached its fiduciary duties by, among other things, failing to maximize shareholder value.

On October 16, 2011, El Paso and KMI jointly announced that they have entered into a definitive merger agreement whereby KMI will acquire all outstanding shares of El Paso for $26.87 per share based on the closing prices of each of the companies on October 14, 2011. The joint press release stated that the agreement provides that El Paso shareholders will receive for each of their shares $14.65 in cash plus 0.4187 KMI shares and 0.640 KMI warrants with a five-year term exercisable at $40.00 per share.

According to the joint press release, while under all circumstances El Paso shareholders will receive 0.640 KMI warrants per El Paso share held, subject to proration, El Paso shareholders will be able to elect, for each El Paso share held, either (i) $25.91 in cash, (ii) 0.9635 shares of KMI common stock, or (iii) $14.65 in cash plus 0.4187 shares of KMI common stock. According to the joint release, El Paso’s board, two members of which will join the KMI board after the transaction closes, has agreed not to solicit competing transactions. Further, under certain circumstances, according to the companies, KMI will receive a termination fee of $650 million, or over $0.90 per El Paso share, from El Paso. According to Yahoo! Finance, at least one analyst has set a price target for El Paso of $28 per share.

If you own El Paso common stock and would like to learn more about the investigation being conducted by Brower Piven, you may email or call Brower Piven, who will, without obligation or cost to you, attempt to answer your questions. You may contact Brower Piven by email at hoffman@browerpiven.com, by calling 410/415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153.

Attorneys at Brower Piven have combined experience litigating securities and other class action cases of over 60 years.

hoffman@browerpiven.com


Defense lawyer will not help Edwards at trial
Law Firm News | 2011/10/11 09:45
A key member of the legal team defending John Edwards against campaign finance charges will not represent the former Democratic presidential candidate at his upcoming trial following questions about a potential conflict of interest.

A motion filed by federal prosecutors says Raleigh defense lawyer Wade Smith will withdraw. The move comes after prosecutors questioned whether Smith had a conflict of interest due to a 2009 conversation with a financial advisor for Bunny Mellon, a wealthy socialite who provided the bulk of nearly $1 million used to support Edwards' pregnant mistress, Rielle Hunter, as he ran for president in 2007.

According to the government, Smith told Mellon's advisor that Edwards knew the money was intended to help him. That appears to conflict with statements by Edwards that he knew nothing of the payments.

Edwards is charged with six felony and misdemeanor counts related to campaign finance violations. He has pleaded not guilty. A trial is scheduled to begin in January.

Smith is among the most well-known defense lawyers in North Carolina, with a list of previous clients that includes members of the Duke University lacrosse team cleared of charges they gang-raped a stripper.


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