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/.

By Breaking Legal News, Breaking Legal News.

Shoe retailer Zappos is facing a national class action suit one day after it warned customers that its servers had been hacked.

On Monday, the Amazon-owned shoe company sent a mass email stating that 24 million customer accounts had been breached. The incident resulted in hackers obtaining names, phone numbers, emails, encrypted passwords and the last four numbers of customer credit cards.

The lawsuit claims Amazon violated a part of the Fair Credit Reporting Act by failing to properly encrypt and secure customer information, and seeks unspecified damages for 24 million customers.

The lead plaintiff in the case is a Texas woman but the suit was filed in federal court in Louisville, Kentucky on the grounds that Amazon has servers located in that state.

As these type of hacking incidents have become more common, so too have related lawsuits. So far, though, few of these lawsuits been successful because customers have been unable to show that they have been harmed by the data breaches.

The Kentucky lawsuit appears based in part on a novel legal theory that customers will now be more susceptible to phishing and other online scams because hackers have their email. It also alleges the plaintiffs suffered emotional distress. Other high-profile data breach cases such as one involving Sony’s Play Station have been based in part on state consumer laws.

Although courts have been reluctant to find that customers have been harmed by data breaches, there is evidence this may be changing. A security publication recently reported
that an appeals court allowed customers to claim they suffered harm in the form of having to buy insurance for identity theft.

Some media publications this week praised Zappos’ for having a pre-arranged plan to respond to the data theft. The company claims that its customer credit cards remained secure because they were stored in a separate server.

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

By Breaking Legal News, Breaking Legal News.

Bank holding company Washington Mutual Inc. has agreed to a settlement with some creditors involved in its Chapter 11 bankruptcy case and has filed a new reorganization plan.

Washington Mutual said in a statement late Monday that the settlement will allow it to distribute more than $7 billion to its creditors. The settlement must still be approved by the U.S. Bankruptcy Court for the District of Delaware.

"The comprehensive settlement announced today represents a fair and reasonable recovery for the thousands of equity holders of the company who have been following this case closely for three years," Michael Willingham, chairman of the committee of equity security holders appointed in the company's Chapter 11 proceedings.

Washington Mutual's bankruptcy case is three years old and its reorganization plans have twice been rejected by Bankruptcy Court Judge Mary Walrath. The company is hoping to exit bankruptcy protection by the end of February. It has a hearing scheduled for Jan. 11, 2012 in which the bankruptcy court will consider approval of the reorganization plan's disclosure statement. The company also plans to ask the bankruptcy court for a mid-February hearing to confirm its reorganization plan.

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

By Breaking Legal News, Breaking Legal News.

From Caterpillar to Chevron to Google, some of the best-known names in corporate America are scooping up smaller companies, finally putting the piles of cash they've been sitting on to use and positioning themselves for a stronger economic recovery.

The volume of mergers and acquisitions is still running well below what it was in 2007 before the Great Recession, but the burst in activity is a sign of economic vitality and shows that companies are starting to shake off some of their caution.

"Our pipeline is bursting," says Robert Profusek, head of mergers and acquisitions at the law firm Jones Day, who advised Continental Airlines when it was acquired by the parent of United for $3.2 billion. "We are gearing up for an incredible M&A boom."

M&A volume reached $2.25 trillion in the first 10 months of the year, a 28 percent increase over last year. August was the highest month on record, with $307 billion in deals, more than double August 2009, according to Dealogic, which tracks such data. October remained strong with $202 billion deals, up 32 percent from last year.

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

By Breaking Legal News, Breaking Legal News.

Irving Picard, the trustee overseeing the bankruptcy of Bernard Madoff’s investment firm, spent $26.9 million in the six months ended Sept. 30 while recovering $849,000 for victims of Madoff’s Ponzi scheme, according to a report filed in Manhattan federal court.

Picard has recovered a total of about $1.5 billion for creditors of Bernard L. Madoff Investment Securities LLC, he said in a filing with U.S. Bankruptcy Judge Burton Lifland made public Oct. 30. The trustee said he evaluated 14,030 investor claims as of Oct. 22 and approved 2,280. He has committed to paying $738 million on behalf of the Securities Investor Protection Corp., which is obligated to compensate cheated investors as much as $500,000 on most claims, according to the report.

The largest component of the expenses for the half-year period is $15.8 million in legal fees to Picard’s firm, Baker & Hostetler LLP. Most of the money recovered in the six-month period, $771,000, came from Madoff investors who received preferences, or payments, in the 90 days before the bankruptcy filing, according to Picard’s report.

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

By Breaking Legal News, Breaking Legal News.

Amazon and the state of North Carolina have been fighting in court as NC tries to get residents that purchased on Amazon to pay sales tax the state feels it is owed. NC has demanded that Amazon reveal all sorts of buyer information like names, addresses, and the exact products purchased so it can asses sales tax on the items.

Amazon has refused to give specifics on what was purchased, though it did provide the names and addresses of buyers to NC authorities. Amazon has won a temporary reprieve in court with the judge presiding over the case stating that NC has "no legitimate need" to have details about purchases revealed to it.

However, the court said that the state could destroy the information is has now and then request new information from Amazon that would not be able to be tie a specific product to a specific user. Undoubtedly, NC will request this information and the courts will force Amazon to provide it setting a precedent none of us wants to think about.

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

By Breaking Legal News, Breaking Legal News.

Dairy processors can make claims that their products are free of a synthetic growth hormone, a federal appeals court ruled Thursday in striking down parts of the state's rule on milk labeling.

Key parts of the state's labeling rule violated First Amendment rights to commercial free speech, a three-judge panel of 6th U.S. Circuit Court of Appeals unanimously ruled.

The Organic Trade Association and the International Dairy Foods Association sued the Ohio Department of Agriculture in 2008 over a state rule on how consumers are informed about whether milk is made from cows that were given a synthetic hormone.

The trade groups argued that the rule is too restrictive. It prohibits composition claims such as "antibiotic-free" and "pesticide-free," violating their free speech rights and impeding interstate commerce, the groups argued.

The appeals court reversed a lower court decision on the free speech issue, concluding that the state's ban is "more extensive than necessary to serve the state's interest in preventing consumer deception." The appeals court agreed with a lower court ruling that the rule does not impede interstate commerce.

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

By Breaking Legal News, Breaking Legal News.

Regulators on Friday shut down three Georgia banks and one each in New Jersey, Ohio and Wisconsin, boosting to 125 the number of U.S. bank failures this year amid the tough economic climate and growing loan defaults.

The Federal Deposit Insurance Corp. on Friday took over the Georgia banks: Bank of Ellijay, in Ellijay, with $168.8 million in assets; First Commerce Community Bank of Douglasville, with $248.2 million in assets; and Peoples Bank, based in Winder, with $447.2 million in assets.

The FDIC also seized ISN Bank in Cherry Hill, N.J., with $81.6 million in assets; Bramble Savings Bank of Milford, Ohio, with $47.5 million in assets; and Maritime Savings Bank, based in West Allis, Wis., with assets of $350.5 million.

Community & Southern Bank, based in Carrollton, Ga., agreed to assume the assets and deposits of Bank of Ellijay, First Commerce Community Bank and Peoples Bank. In addition, the FDIC and Community & Southern Bank agreed to share losses on $602.5 million of the three failed banks' loans and other assets.

Georgia, where the meltdown in the real estate market brought an avalanche of soured mortgage loans, has been one of the hardest hit states for bank collapses. The failures of the three banks Friday brought to 14 the number of Georgia banks that have fallen this year. Also high on the list of failure-heavy states are California, Florida and Illinois.

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

By Breaking Legal News, Breaking Legal News.

A mixed picture of U.S. banks emerged Tuesday as the industry posted its highest quarterly earnings in nearly three years while the number of troubled institutions grew by more than 50.

Banks overall made $21.6 billion in net income in the April-to-June quarter, the Federal Deposit Insurance Corp. said. It was the highest quarterly level since 2007 and was led by the largest institutions. The industry lost $4.4 billion in the second quarter of 2009.

But the number of banks on the FDIC's confidential "problem" list increased by 54 in the quarter -- growing to 829 from 775 in the first quarter. Most of the banks that have failed this year have been smaller or regional banks.

The decline in bank lending stemming from the financial crisis showed signs of leveling off, the data show. Total lending declined by $107.5 billion, or 1.4 percent from the first quarter. It posted the steepest drop since World War II -- 7.5 percent -- in 2009 from the year before.

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

By Breaking Legal News, Breaking Legal News.

Stocks fell Thursday after the Labor Department said claims for unemployment benefits rose unexpectedly last week, renewing concerns about the pace of the economic recovery.

The disappointing news about the jobs market came minutes after news that Intel Corp. was acquiring McAfee Inc. The deal, valued at $7.68 billion, helped to cushion the blow from the jump in unemployment benefit claims.

The Dow Jones industrial average fell 29 in early morning trading. Broader indexes also fell.

The two announcements are the latest to provide a conflicting picture of the recovery. Economic reports have regularly shown the pace of a rebound is slowing and companies are skittish about adding new workers. That has hurt stocks on some days in recent weeks. It has also stoked fears about the economy falling back into recession.

At the same time, corporate announcements, including earnings reports for the past six weeks, have largely showed companies are doing well. Mergers and acquisitions activity is often considered a positive sign because it means companies are willing to spend money to grow their businesses and are confident that prospects are improving.

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