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Archive for January, 2012

How to Strike Gold at Dental Practice Sales

Tuesday, January 31st, 2012

Before you buy a dental practice you must always remember there are many factors that contribute to the practice’s worth that won’t show up on a balance sheet or list of assets. Know what to look for and you’ll always get the best for what you pay.

Market analysis
You can’t always predict a practice’s earning potential by past years’ revenue or current client lists. Markets can dramatically change under your nose if you’re not sensitive. This can be affected by population growth or decline. Economic conditions that make people put off even much needed dental work. If the age of the population is trending upward you will see a difference in the type of dental work demand. If you specialize in dentures or braces, this makes a big different. Remember when you’re shopping dental practice sales, you’re betting on the long term profitability of a business. If you’re in a college town, you’re more likely to see young families settle nearby. If the economy is especially bad, you might see a general shrinking. If the average income isn’t very high, you may not succeed in selling a lot of porcelain veneers.

Competition analysis
Obviously, if there are a lot of dentists for the population in an area, your piece of the pie gets smaller. On the other hand, in a wide open field, competitors are likely to rush in well after the surplus business is soaked up. Things are also different if you represent a less crowded niche. If you’re the only IAMT certified dentist around or the only one skilled in osseointegrated dental implants, you may find a steady stream of patients no matter how saturated the overall field is. Where many dental practice sales are occurring in a market, this may signal an over concentration of competition thinning out.

Business viability
Competitiveness of any medical business depends on its keeping up with latest technology. When you look to buy a dental practice, it may have newer equipment, but if there are new procedures that are more efficient or give better results to patients, then your equipment might just sit and gather dust. If you are highly specialized yourself, it may be most profitable to join an established practice with a general dentist or one of a related specialty.

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Online game theft earns real-world conviction

Tuesday, January 31st, 2012

By Breaking Legal News, Breaking Legal News.

The amulet and mask were a 13-year-old boy's virtual possessions in an online fantasy game. In the real world, he was beaten and threatened with a knife to give them up.

The Dutch Supreme Court on Tuesday upheld the theft conviction of a youth who stole another boy's possessions in the popular online fantasy game RuneScape. Judges ordered the offender to perform 144 hours of community service.

Only a handful of such cases have been heard in the world, and they have reached varying conclusions about the legal status of "virtual goods" — and whether stealing them is real-world theft.

The suspect's lawyer had argued the amulet and mask "were neither tangible nor material and, unlike for example electricity, had no economic value."

But the Netherlands' highest court said the virtual objects had an intrinsic value to the 13-year-old gamer because of "the time and energy he invested" in winning them while playing the game.

The court did not release the offender's name, only his year of birth — 1992. It said he and another youth beat and kicked the boy and threatened him with a knife until he logged into RuneScape and dropped the objects in 2007.

One of the thieves, who was also playing the game, was then able to pick up the items, making them his virtual property. Both were convicted by a lower court in 2009, but only one of them had appealed to the Supreme Court.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

EU probes Samsung, Germany blocks its tablets

Tuesday, January 31st, 2012

By Breaking Legal News, Breaking Legal News.

Samsung took a double-hit in its battle against archrival Apple on Tuesday, when the European Union announced it would investigate whether it was illegally trying to hinder competitors and Germany blocked sales of some of its tablet computers.

Samsung Electronics and Apple Inc. are engaged in a strategic war over patents in many countries across the world as they try to draw market share away from each other.

The EU's antitrust watchdog thinks the South Korean company may be overstepping the bounds and launched a formal investigation into whether Samsung is using law suits over key patents on 3G wireless technology to hinder competitors — including Apple.

The European Commission, which is acting as the EU's antitrust enforcer, said it suspected Samsung of not giving other companies fair access to patents it holds on standardized 3G technology for mobile devices — despite committing to do so in 1998.

A spokeswoman for the Commission said the probe also affected tablets such as Apple's newest iPad, which uses standardized wireless 3G technology.

The Commission said that Samsung last year sought legal injunctions against other device makers in several EU states, alleging patent infringement.

Under EU patent rules, a company that hold patents for standardized products are required to license them out indiscriminately at a fair price.

If Samsung is found guilty of unfairly restraining competition, it can be fined up to 10 percent of annual revenue related to the investigation.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Occupy DC tries to stave off eviction in court

Tuesday, January 31st, 2012

By Breaking Legal News, Breaking Legal News.

Members of one of the last major Occupy encampments are making a last-minute court effort to stave off eviction from public land in Washington.

A federal judge is hearing arguments Tuesday on a request to bar the National Park Service from enforcing a ban on camping that would affect the Occupy DC sites.

The ban went into effect at noon Monday at the two Occupy encampments at McPherson Square and Freedom Plaza. But protesters still remain there.

A separate request seeks to prevent the police from destroying tents and other belongings of the protesters.

The hearing takes place in U.S. District Court before Judge James Boasberg.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Attorney: Texas redistricting talks have stalled

Tuesday, January 31st, 2012

By Breaking Legal News, Breaking Legal News.

Negotiations between minority groups and Texas officials in a lengthy clash over new political districts appeared stalled Monday as both sides prepared to argue in Washington over whether the Republican-drawn maps violate the federal Voting Rights Act.

An attorney for the League of United Latin American Citizens, one of nine groups suing to block the maps, said negotiations to create temporary maps so Texas could salvage an April 3 primary date hit an impasse over the weekend. Both sides have another week to work out a deal, but Luis Vera, LULAC's general counsel, said he was not optimistic.

"It just doesn't seem feasible," he said.

A federal court in San Antonio last week gave the sides until Feb. 6 to draw up the temporary maps that would remain in place through November's election. If they don't, Texas' primaries will be pushed back for a second time. They were originally scheduled for March.

Lauren Bean, a spokeswoman for the Texas attorney general's office, said her office was not commenting on the negotiations.

Vera said a major obstacle is that the state isn't involving all parties in the negotiations. Gary Bledsoe, president of the Texas NAACP that is among the nine plaintiffs, said the state was mainly negotiating with the Mexican American Legal Defense and Education Fund and the Mexican American Legislative Caucus.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Business group weighs in on cigarette label suit

Tuesday, January 31st, 2012

By Breaking Legal News, Breaking Legal News.

The U.S. Chamber of Commerce is weighing in on a lawsuit over graphic cigarette warning labels that include the sewn-up corpse of a smoker and a picture of diseased lungs, saying the federal government has no legitimate authority to take space on a tobacco company's packaging or advertising to persuade consumers not to buy the product.

The pro-business lobbying group filed a friend of the court brief with the U.S. Court of Appeals in Washington late Monday in the lawsuit brought by some of the largest U.S. tobacco companies, including R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co., challenging the Food and Drug Administration's plan to require the new labels be placed on cigarette packs later this year.

A U.S. District Court judge in November blocked the labels while deciding whether they violate the companies' free speech rights, ruling that it is likely the cigarette makers would succeed in a lawsuit. The FDA has appealed that decision and oral arguments are set for April.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Historical Appeal in Nauvoo Events

Monday, January 30th, 2012

In terms of history, Nauvoo is about as rich as you can get. In 1830, early members of the Church of Jesus Christ of Latter-day Saints, commonly known as “Mormons”, established Nauvoo. After they were forced to leave, Nauvoo was inhabited by the Icarians for quite some time. But this isn’t why Nauvoo is as historically rich as it is, it’s because of the perfectly preserved and diligently guarded buildings and places of interest that exist there today. This includes blacksmith shops, homes, general stores, and hotels in Nauvoo. Truly the citizens of that town are dedicated to preserving the history of those that came before them, through the pageants and workshops which teach of the daily lives of pioneers through example.

The Nauvoo events that are hosted are indeed the means of transporting visitors back to a simpler time, one when the sweat of your own brow determined your wealth in this world. Below are some upcoming events that should not be missed.

  • Exodus Re-enactment, February 4, 2012 – Walk from the Cultural Hall to the Trail of Hope down to the edge of the Mississippi to commemorate the exodus of the Saints from Nauvoo to the Rocky Mountains. Warm up with hot cocoa and fresh pastry before hand at the Family Living Center.
  • Memorial to Hospitality of Quincy Residents to Mormon refugees, February 12, 2012 – Jan Chaney, Quincy resident and Director of Public Affairs for the Nauvoo Stake, recounts the help extended by Quincy residents to destitute Latter-day Saints escaping Missouri mobs in 1839, and the Church’s modern-day expressions of appreciation for that kindness.
  • Children’s Voices from the Trails, February 26, 2012 – Learn what it was like to cross the plains in a wagon train en route to Oregon, Utah, and California through the eyes of the youngest travelers. Rosemary Palmer shares insights gleaned from diaries and letters written by children.

There is too much to see in Nauvoo for it to be a one or two day affair. Take advatange of historically located Nauvoo hotels, where each inn has a history that rivals the city in which it resides.

Woodruff Hotel
1200 Mulholland
Nauvoo, IL 62354
Ph: (800) 860 – 1215

Iowa mom pleads not guilty in newborn twins’ death

Monday, January 30th, 2012

By Breaking Legal News, Breaking Legal News.

A Huxley woman accused of killing her newborn twin daughters and hiding their bodies in the trunk of her car has pleaded not guilty.

Jackie Burkle is charged with two counts of first-degree murder. She is being held on $1 million bond.

Her attorney entered a written plea of not guilty on her behalf Monday morning in Story County District Court in Nevada.

Police found the infants' bodies in the trunk of Burkle's car on Jan. 7 after receiving a call to check on her.

Court records show Burkle appeared pregnant at work at a Huxley convenience store Jan. 5. She no longer looked pregnant two days later, prompting a co-worker to call police.

Police have not released a cause of death or why Burkle gave birth at home.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Robbins Geller Rudman & Dowd LLP Files Class Action

Monday, January 30th, 2012

By Breaking Legal News, Breaking Legal News.

Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Northern District of Alabama on behalf of purchasers of the common stock of Walter Energy, Inc. between April 20, 2011 and September 21, 2011, inclusive.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/walterenergy/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Walter and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Walter, through its consolidated subsidiaries, mines and exports hard coking coal for the global steel industry.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (i) that the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced Walter’s coal production; (ii) that the Company’s commitment to ship more than 700,000 tons of coal in the second quarter at first quarter sales prices would result in a material adverse effect on Walter’s average sales prices and operating results during the second quarter; (iii) that Walter was experiencing a significant decline in its margins and profitability; and (iv) that, based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its business prospects during the Class Period.

On August 3, 2011, Walter issued a press release announcing its operating results for its 2011 fiscal second quarter, the period ended June 30, 2011. For the quarter, the Company announced net income of $107.4 million, or $1.71 per diluted common share, significantly less than Wall Street estimates. Then, On September 21, 2011, Walter issued a press release announcing its attempt to “enhance” its historical statistical disclosure and its revisions to its 2011 second half sales expectations. In response to this announcement, the price of Walter common stock declined from $75.00 per share on September 20, 2011 to $66.25 on September 21, 2011, on extremely heavy trading volume.

Plaintiff seeks to recover damages on behalf of all purchasers of Walter common stock during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations.

http://www.rgrdlaw.com

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Holzer Holzer & Fistel, LLC Announces Class Action Lawsuit

Monday, January 30th, 2012

By Breaking Legal News, Breaking Legal News.

Holzer Holzer & Fistel, LLC announces that it has filed a class action lawsuit in the United States District Court for the Eastern District of New York on behalf of purchasers of Cablevision Systems Inc. common stock who purchased shares between February 16, 2011 and October 28, 2011, inclusive.

The lawsuit alleges, among other things: (i) that Cablevision was experiencing higher retention and advertising costs; (ii) that Cablevision was losing more video customers than expected, especially in the New York area -- the Company's main service area -- due to increased competition; and (iii) as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.

If you purchased Cablevision common stock during the Class Period, you have the legal right to petition the Court to be appointed a "lead plaintiff." A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. Any such request must satisfy certain criteria and be made no later than March 26, 2012.

Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. If you are a Cablevision investor and would like to discuss a potential lead plaintiff appointment, or your rights and interests with respect to the lawsuit, you may contact Michael I. Fistel, Jr., Esq., or Marshall P. Dees, Esq. via email at mfistel@holzerlaw.com, or mdees@holzerlaw.com, or via toll-free telephone at (888) 508-6832.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.