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Court won't hear appeal from Adelphia founders
Legal Business | 2010/10/04 09:20
pThe Supreme Court won't hear an appeal from a father and son who built Adelphia Communications into a cable television powerhouse and were convicted of fraud after it collapsed into bankruptcy./ppThe high court refused on Monday to hear an appeal from John and Timothy Rigas./ppThe Rigases were sent to prison after Adelphia collapsed in 2002. At the time, it was the country's fifth-largest cable TV company./ppProsecutors said John Rigas used it like a personal piggy bank, paying for expenses as small as massages and withdrawing $100,000 from the company whenever he wished./ppThe Rigases say the government should have turned over to them notes taken during prosecutorial interviews with some witnesses. They also say their prison sentences were too long.
/p


Facebook sued in California over teen endorsements
Legal Business | 2010/08/30 07:23
pTwo Los Angeles County teenagers are suing Facebook, claiming the social network effectively sold their names and images to advertisers without parental permission./ppThe lawsuit filed Thursday in Los Angeles challenges a Facebook feature that allows members to note that they like an advertised service or product. Facebook broadcasts those endorsements to the user's friends./ppThe lawsuit also claims minors unwittingly endorse Facebook when people typing their names in a search engine are steered to a Facebook sign-up page./ppThe plaintiffs say Palo Alto-based Facebook is violating a California law that requires parental consent for children to make commercial endorsements. The teens seek unspecified damages./ppFacebook spokesman Andrew Noyes says the lawsuit is meritless. He notes Facebook doesn't allow users under 18 to let their profiles appear on public search engines.
/p


Shapiro Fishman accuses McCollum of grandstanding
Legal Business | 2010/08/23 08:54
pLaw firm Shapiro amp; Fishman has accused Attorney General Bill McCollum of pre-election grandstanding and “abuse of power” in connection with McCollum’s recent announcement that his office is conducting a foreclosure fraud investigation into that firm and two others./ppThe allegations are in response to a coordinated investigation announced by McCollum during an Aug. 10 press conference. McCollum said his office is looking at whether the three South Florida firms engaged in unfair and deceptive actions in their handling of foreclosure cases./ppThe other firms were the Law Offices of Marshall C. Watson in Fort Lauderdale and the Law Offices of David J. Stern, P.A. in Plantation./ppThe firm’s response came Friday in a motion to quash a subpoena in Palm Beach County Circuit Court.
/p


Ex-money manager to plead guilty to Indiana fraud
Legal Business | 2010/08/16 03:20
pA former money manager convicted of trying to fake his own death in a Florida plane crash has agreed to plead guilty to securities fraud charges in Indiana./ppMarcus Schrenker could face 10 years in prison in exchange for pleading guilty to five of 11 counts under a proposed plea agreement with Hamilton County prosecutors./ppHe could also be required to pay more than $600,000 in restitution. Schrenker is accused of bilking friends, family members and other investors of more than $1 million./ppA hearing on the deal is set for Sept. 15 in Hamilton Superior Court in the Indianapolis suburb of Noblesville. A judge still has to accept Schrenker's plea before the agreement can take effect./ppThe only remaining dispute is whether Schrenker should serve his Indiana sentence at the same time as a four-year federal sentence out of Florida, Jeff Wehmueller, administrative chief deputy prosecutor in Hamilton County, said Thursday.
/p


Children in Dependency Proceedings Need Lawyers
Legal Business | 2010/08/09 06:47
pLawyers who represent children in dependency proceedings say it’s time for these children – regardless of which state they live – to have a right to legal counsel./ppMeeting yesterday at the 2010 American Bar Association Annual Meeting in San Francisco, a panel of children’s rights advocates discussed eliminating the barriers that prevent lawyers from representing these children in life-impacting legal proceedings. nbsp; /ppAccording to the U.S. Department of Health and Human Services there are more than half a million children in foster care and under the jurisdiction of family courts.nbsp; These are children who have been, for example, removed from their homes, placed in temporary shelters and possibly separated from siblings. /ppWhen it comes down to who is looking out for the rights and interests of the children in the courtroom – a lawyer, a guardian ad litem or an attorney ad litem -- there is no clear-cut, uniform answer./pp“Every state has a different model,” says Hilarie Bass, a Miami commercial litigator who does pro bono work representing foster kids. /ppShe points out the obvious — that there are too many children who need help, without enough money in the system to serve them.nbsp; Despite those hurdles, Bass, who is also incoming chair of the American Bar Association Section of Litigation, says she expects the section to make a recommendation on the right to counsel for children that should come up for debate before the ABA’s policymaking body in 2011. /pp“It would be a recommendation to provide for counsel and representation of children in delinquency and dependency proceedings,” says Bass.nbsp; /ppABA President Carolyn Lamm says the ABA is an association interested in promoting the best interest of children and finding solutions “before we have a crisis situation.”/ppLamm adds, “These citizens are the most vulnerable of course, in terms of no one to defend their legal rights.nbsp; The ABA does so much work in the public interest.nbsp; This is a segment of the public that needs us and we are strong and forceful advocates for children and the rights of children to be represented. nbsp; /ppSo far, the U.S. Supreme Court has not spoken on the issue of whether children have a constitutional right to counsel in dependency proceedings. /ppGeorgia attorney Trenny Stovall directs the DeKalb County Child Advocacy Center and represents children in dependency proceedings every day.nbsp; She says children who don’t have their own lawyer do not have a voice. /pp“When children don’t have a lawyer, their ability to be considered a living being with rights is vastly diminished.nbsp; Without representation, they become a widget in the eyes of the court,” says Stovall./ppChildren like 16-year-old Trevor Wade — who has been through the dependency court system — will tell you that having a lawyer makes a difference.nbsp; He says his lawyer fought against a system that would have placed him back with an abusive father.nbsp; These days he’s an intern in a public defender’s office, helping kids who are going through the court system. /p


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