Legal Matters

If you are a new business will need to deal with legal matters and engage a solicitor at some point in the future of the life of your business. Legal matters can be the most daunting task for small business operators. You will have to learn how to avoid the risk of fines, prosecution, business disputes, being sued or worse by considering your legal obligations by taking early preventative measures.

Florida Man Charged with Stealing $130 Million CC numbers

From the Associated Press:

WASHINGTON – Federal prosecutors on Monday charged a Miami man with the largest case of credit and debit card data theft ever in the United States, accusing the one-time government informant of trying to gain access to 130 million accounts.

Albert Gonzalez, 28, broke his own record for identity theft by hacking into retail networks, according to prosecutors, though they say his illicit computer exploits ended when he went to jail on charges stemming from a previous case.

Gonzalez is a former informant for the U.S. Secret Service who helped the agency hunt hackers, authorities say. The agency later found out that he had also been working with criminals and feeding them information on ongoing investigations, even warning off at least one individual, according to authorities.

Gonzalez, who is already in jail awaiting trial in a hacking case, was indicted Monday in New Jersey and charged with conspiring with two other unnamed suspects to steal the private information.

Sentencing Delayed for Chris Brown

Citing a need for additional details from Virginia, Los Angeles County Superior Court Judge Patricia Schnegg has delayed the sentencing of Chris Brown for three weeks. The R&B singer pleaded guilty to felony assault and part of his sentencing is expected to include community service in his home state.

His next court appearance is set for August 27.

Chris Brown to be Sentenced

R&B singer Chris Brown is set to be sentenced today for his savage beating of Rihanna last February. He pleaded guilty to felony assault and is expected to be sentenced to five years probation and six month of community labor.

Although the assault and trial took place in Los Angeles, he is expected to be allowed to serve his probation in his home state of Virginia. He will also have to go back to California every three months for domestic violence counseling.

From published reports:

Brown was arrested Feb. 8, hours after an early morning fight erupted between the singer and his then-girlfriend in a car in Los Angeles' Hancock Park neighborhood. A search warrant affidavit filed by police described the brutal attack, stating that Brown beat, choked and bit Rihanna and tried to push her out of the car.

The beating occurred hours before the pair were scheduled to appear at the Grammy Awards, and both have been forced to cancel several high-profile appearances since then.

Brown's career has suffered, with radio stations refusing to play his music and sponsors dropping him.

Tenenbaum to Pay $675,000

A jury ruled that admitted illegal song sharer Joel Tenenbaum must pay the RIAA $675,000 for 30 songs he shared online. That come to $22,500 per song.

From published reports of the verdict:

That sounds steep but it actually compares favorably to the second verdict leveled against Jammie Thomas-Rasset, who was the first individual ever found guilty of copyright infringement over a peer-to-peer network. The original 2007 verdict against her (damages: $9,250 per song) was thrown out after a mistrial was declared, but in June a new jury found her even more guilty than before, with fines set at a whopping $80,000 per song. In comparison, Tenenbaum is getting off easy.

Tenenbaum Waits to Hear How Much

After admitting liability on the stand, Joel Tenenbaum is now waiting to hear how much he will have to pay the music industry in his trial for illegally downloading and sharing songs.

The Boston Globe reports:

US District Court Judge Nancy Gertner ruled Thursday night that Tenenbaum, 25, admitted on the witness stand that he infringed on the copyrights of 30 songs that he downloaded and shared online.

As a result, she plans to direct the jury to only consider the amount of damages he should pay four record labels that sued him in federal court and whether his infringements were "willful," which could result in much higher damages.

Under federal law, the jury can award the labels $750 to $30,000 for each copyright infringement and as much as $150,000 for each willful infringement. That means that Tenenbaum could owe as much as $4.5 million.

Music Downloading Trial Begins

Boston University student Joel Tenenbaum of Providence, R.I., is on trial in a Boston federal court accused of "downloading songs and making music files available for distribution on the Kazaa file-sharing network."

The Associated Press reports:

Tenenbaum's case is the second such case to go to trial.

Last month, a federal jury in Minneapolis ruled that a Minnesota woman must pay $1.92 million for willful infringement of the recording industry's copyrights by posting music on Kazaa.

The industry has threatened about 35,000 people with charges of copyright infringement over the past five years, typically offering to settle for $3,000 to $5,000.

Judge Threatened in Pharmacist Case

The judge hearing the case of an Oklahoma City pharmacist charged with first degree murder after killing a would-be robber has received death threats in phone calls to her chambers.

Judge Tammy Bass-LeSure said the calls began shortly after she raised the bond on Jerome Ersland from $50,000 to $100,000.

"They were threats on my life," Bass-LeSure said. "There were a lot of racial epithets and just things of that nature."

Ersland was charged with murder after the investigation of the robbery showed he shot one of the would-be robbers, an unarmed 16 year old, chased the other two from his pharmacy, then returned inside and shot the bleeding suspect an additional five times.

In a nationally televised interview with Bill O'Reilly, Ersland said he was fearful for his life when he fired the additional shots.

He has turned all his weapons over to his attorney at the order of the judge.

Oregon Courts will be open on Fridays

A budget impasse in the Oregon legislature prompted the Supreme Court Chief Justice to order all courts to close on Fridays, but the order only lasted one day as an agreement was reached on the budget.

However, all court staff must take five unpaid days off from now until June 30. This creates another issue in that with staff on furlough not all courtrooms can be used, so fewer cases will be heard.

Don Smith, Linn County's trial court administrator, said he expects employees to take their furloughs on Fridays or Mondays.

“If you have to take a day without pay, you want to at least get a three-day weekend out of it,” he said.

Virginia Faces Lawsuit Over Election

The Washington Post is reporting that the Virginia NAACP is suing "Gov. Timothy M. Kaine (D) and Virginia's top election officials . . . accusing them of failing to provide enough resources to accommodate expected record turnout during next week's election."

The lawsuit claims that the state is violating the U.S. and Virginia constitutions by not allocating enough voting machines, poll workers and polling places -- particularly in precincts with high minority populations -- which could result in long lines and lost votes.

The Advancement Project, a national voter protection group, filed the lawsuit late Monday in U.S. District Court in Richmond on the NAACP's behalf. It asks the state to move voting machines to precincts most likely to have long waiting lines; keep polls open for an extra two hours; and use paper ballots in some cases.

The Commonwealth of Virginia is denying the allegations:

In a lengthy statement released late Monday night, the State Board of Elections maintained that all localities are complying with the minimum number of voting machines and voting booths in each precinct as required by state code. Since 2004, the number of voting machines, polling places and workers has increased, according to the statement. For example, the number of voting machines has increased from about 5,700 in 2004 to about 10,600 in 2008.

Court: Flagged Voters May Vote

This just in from the Atlanta Journal-Constitution:

The state of Georgia must allow persons whose citizenship has been questioned in a new voter verification system the opportunity to cast a ballot in the Nov. 4 elections, a three-judge court ruled Monday.

The court also ordered Secretary of State Karen Handel to “make diligent and immediate efforts to notify, in a uniform manner, every person whose voter registration presently remains flagged.” Those voters must be told that they can vote by a “challenged ballot,” if necessary, and that there is a discrepancy in the voters’ registration information, the court said.

The ruling was issued by Judge Stanley Birch of the 11th U.S. Circuit Court of Appeals and U.S. District Court judges Jack Camp and Bill Duffey.

Congress Expands Protections for Disabled

In an effort to undo recent Supreme Court decisions involving Americans with disabilities, Congress as approved legislation that expands protections for the disabled.

The New York Times reports:

The bill expands the definition of disability and makes it easier for workers to prove discrimination. It explicitly rejects the strict standards used by the Supreme Court to determine who is disabled.

The bill declares that the court went wrong by “eliminating protection for many individuals whom Congress intended to protect” under the 1990 law.

“The Supreme Court misconstrued our intent,” said Representative Steny H. Hoyer of Maryland, the House Democratic leader. “Our intent was to be inclusive.”

In an effort to clarify the intent of Congress, the bill says, “The definition of disability in this act shall be construed in favor of broad coverage.”

Representative F. James Sensenbrenner Jr. of Wisconsin, the principal Republican sponsor in the House, said, “Courts have focused too heavily on whether individuals are covered by the law, rather than on whether discrimination occurred.”

Palin Avoids Subpoena, For Now

Alaska governor and Republican candidate for vice president Sarah Palin will not be subpoenaed by a bi-partisan legislative committee investigating the so-called Trooper-Gate Scandal - just yet that is.

The bipartisan committee overseeing the investigation announced today in a press release that they're moving up the date that they release the results of their investigation by three weeks, meaning it should come out in early October. The commitee, led by Sen. Hollis French, an Anchorage Democrat also announced that it would meet on September 12 to issue subpoenas in the case.

But according to the release, Palin herself will not be subpoenaed. The committee still holds out hope that she will talk to indepedendent investigator Steven Branchflower voluntarily.

The committee's decision was based on Palin's avowal that she will cooperate fully with the investigation.

French had initially indicated that subpoenas likely wouldn't be necessary, since Palin had pledged her full cooperation. But earlier this week, Palin's lawyer warned that unless the case were handed over to the state personnel board -- whose three members are appointed by the governor -- Palin would not be made available to testify. And according to the release: This week, seven key witnesses informed Mr. Branchflower through their attorneys that they would not provide depositions. Their depositions, which had been agreed to and scheduled earlier with Mr. Branchflower, were cancelled within the last 72 hours."

Sharpton Escapes IRS Criminal Probe

By paying one million dollars toward back taxes, a criminal investigation against Rev. Al Sharpton has been dropped by the Internal Revenue Service. IRS officials have decided to proceed instead with civil proceedings.

The IRS and New York state and city tax agencies claim that Sharpton and his organization, the National Action Network, collectively owe millions of dollars in back taxes and penalties.

The exact amount Sharpton owes has not been revealed by either the government or Sharpton's lawyers, but there is evidence the debt is sizable.

The IRS obtained a $931,397 lien against Sharpton. City and state officials said he owned them another $933,577. Separately, the National Action Network said in its most recent tax filing that it owed at least $1.9 million in payroll taxes and related interest.

Sharpton, who was defiant when the probe became public in December, claiming it was part of a government smear campaign, sounded more contrite Tuesday.

He said both he and the civil rights group would clean up their books and complete a reorganization intended to ensure the group's long-term fiscal stability.

Study calls for repeal of 'don't ask, don't tell'

From the Chicago Sun-Times, via the Associated Press:

WASHINGTON — Congress should repeal the ‘‘don’t ask, don’t tell’’ policy because the presence of gays in the military is unlikely to undermine the ability to fight and win, according to a new study released by a California-based research center.

Four retired military officers conducted the study, but it is not clear if any of them are gay. The AP didn't ask and the officers didn't tell.

Compromise Reached on Wiretap

From The New York Times:

After months of wrangling, Democratic and Republican leaders in Congress struck a deal on Thursday to overhaul the rules on the government’s wiretapping powers and provide what amounts to legal immunity to the phone companies that took part in President Bush’s program of eavesdropping without warrants after the Sept. 11 attacks.

But is it really a compromise?

With AT&T and other telecommunications companies facing some 40 lawsuits over their reported participation in the wiretapping program, Republican leaders described this narrow court review on the immunity question as a mere “formality.”

“The lawsuits will be dismissed,” Representative Roy Blunt of Missouri, the No. 2 Republican in the House, predicted with confidence.

The proposal — particularly the immunity provision — represents a major victory for the White House after months of dispute.

Lawmakers Gone Wild

After an arrest for DUI, revelation that he fathered a bastard child with a former Air Force officer, and public shame and humiliation, U.S. Rep. Vito Fossella, R-NY, has decided to not run for reelection, according to a report by the Associated Press published by Talking Points Memo.

What has not been reported is which family he plans to spend more time with.

Fossella, 43, has admitted to fathering a daughter with a Virginia woman.

The congressman's secret relationship with the woman, Laura Fay, was revealed after he was arrested for drunken driving May 1. Fossella was stopped after running a red light, and he told officers he was going to see his sick daughter, according to police.

Fossella is married with three children. The family lives on Staten Island.

He has served in Congress since 1997, representing Staten Island and part of Brooklyn. He is the only Republican member of Congress from New York City.

It was Fay who got him out of jail after the arrest. She is a former Air Force lieutenant colonel and worked for a time as a liaison to Congress.

After his arrest, police said Fossella's blood-alcohol level was twice the legal limit, and he could face a mandatory five days in jail if convicted. A court appearance on the drunken driving arrest is scheduled for next month.

Selected Legal Real Estate Events

Here is a selection of real estate events across the country that focus on legal issues.

8th Annual Outlook for Texas Land Markets
April 24 - 25, 2008
Hyatt Regency Hotel, 123 Losoya, San Antonio, Texas
The this event will provide information on a variety of legal, economic, social and natural resource issues influencing current land market dynamics and other real estate issues. At the seminar’s conclusion, the TREC Ethics MCE course will be offered to real estate licensees. Continuing education credit for these events is pending from ASA, ASFMRA, BTPE, IPT, TALCB, and TDLR. Credit approved by TREC
Cost:
RLI Reception: $20
Seminar only: $200 or $220 after Mar 23
Seminar and ethics course: $220 or $245 after Mar 23
Seminar and RLI reception: $220 or $240 after Mar 23
Seminar, ethics and reception: $240 or $265 after Mar 23
Contact:
Denise Whisenant
Real Estate Center
2115 Texas A&M University
College Station, TX 77843-2115
Phone: 979-458-4773

22nd Annual Legal Seminar on Ad Valorem Taxation - 2008
August 27 - 29, 2008
Hyatt Regency
123 Losoya, San Antonio, Texas
The event provides a wealth of information on a variety of legal topics influencing ad valorem taxation and is presented in cooperation with the State Bar of Texas Property Tax Committee.
Contact:
Denise Whisenant
Real Estate Center
2115 Texas A&M University
College Station, TX 77843-2115
Phone: 979-458-4773


The John Marshall Law School
Continuing Legal Education Events organized by the Center for Real Estate Law

May 4, 2008
Ethics for the Lawyer Involved in Real Estate Transactions

Wendy Muchman is a senior counsel and group manager at the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois where she investigates and prosecutes lawyer disciplinary cases, including those involving real estate transactions. She teaches legal ethics at Northwestern University School of Law as a member of its adjunct faculty.

Advancing Your Legal Career
Event Co-Sponsored by Career Services and The Center for Real Estate Law.

Relationships with Other Professionals Are Critical to Career Success

Hear a lively exchange between Attorney James Hochman (Coman & Anderson PC) and real estate professional James Kaplan (James Kaplan Companies, Inc) who had worked together on many events. They illustrate how critical a good working relationship between attorneys and other professionals can be to the success of the transaction. Learn how to achieve career success by recognizing the important roles that other professionals play in transactions. Real estate attorneys and professionals work in a small community. Good relationships make deals happen and advance careers.

Real Estate Mortgage Market Litigation

April 18, 2008

The Mortgage Meltdown is at the forefront of market troubles in the U.S. today. There will be a tremendous amount of subsequent litigation, including Borrowers suing Lenders, Investors Suing Lenders, and Lenders Suing Brokers and Appraisers. This will effect a lot of people!

If you are involved in the real estate industry, this event could not be a more timely program. Anyone involved in real estate development will need to know how to protect themselves and their clients moving forward.

The Red Lion Hotel on 5th
1415 5th Ave
Seattle, Washington 98101

Email Not Allowed as Evidence in Alaska Case Against Eli LIlly

An email by an Eli Lilly official discussing off-label use of the drug Zyprexa will not be allowed as evidence in Alaska's suit against the pharmaceutical company, the judge in the case has ruled.

From The New York Times:

Judge Mark Rindner, said it could not be admitted into evidence in the trial because off-label use was not at issue in the case.

However, the email may be useful to federal prosecutors in Pennsylvania:

Its disclosure nonetheless comes at a sensitive moment for Lilly, which is also under federal criminal investigation for the way it promoted Zyprexa and played down the drug’s risks to doctors. Between 2000 and 2002, internal Lilly documents show that the company aggressively tried to expand Zyprexa’s sales into markets for which the drug was never approved, including elderly patients with dementia.

To settle that investigation, and related investigations by several states, Lilly is negotiating with federal prosecutors in Pennsylvania on a deal that could result in the company’s paying $1 billion to $2 billion in fines and restitution, according to people involved in the investigation. The prosecutors declined to comment on Friday.

$10,000 Per Bullet

A man was awarded $1.3 million after a jury determined Los Angeles County Sheriff's deputies used excessive force when they fired 120 shots at him following a low-speed chase. Sixty-six shots hit the man's vehicle.

Winston Hayes, 46, suffered nine bullet wounds when deputies fired 120 shots at him at the end of a low-speed pursuit on May 9, 2005. More than half the bullets hit Hayes' vehicle.

"Justice was done," Hayes said after the verdict.

"We do hope this verdict acts as a catalyst for building relationships between the Sheriff's Department and the community it serves," said Brian Dunn, Hayes' attorney.

Lawyers for the county declined comment.

After 10 days of deliberations, the jury determined Friday that Los Angeles Sheriff's Department deputies Michael Haggerty and Vergilian Bolde used excessive force. Nine of the 12 jurors voted for the award, the minimum required in a civil case.

Deputies testified that they believed Hayes had attempted to run them down, and all said they only fired to save their own life or that of a fellow deputy. One deputy was caught in the crossfire but was only slightly wounded.

Thirteen deputies involved in the shooting received disciplinary actions ranging from written reprimands to 15-day suspensions.