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Archive for the ‘Legal Business’ Category

Law Firms Feel Pressure From New Breed of Competitors

Tuesday, October 26th, 2010

By Breaking Legal News, Breaking Legal News.

The legal industry is falling apart. Not in the sense pundits meant when they gave that diagnosis in 2008 as firms were hit with the harsh reality of the recession.

Rather, the industry is moving away from a monolithic provider of legal services -- the law firm -- to a fragmented service platform where the competition isn't just a broadening array of law firms, but legal process outsourcers and other non-law firm legal service providers as well. "Law firms are really being circled by these things," consultancy Adam Smith Esq. partner Janet Stanton said.

Firms have to decide where they want to compete and how, and what fits in their business model, she said.

Not only are LPOs and other firms that are adapting their business models a source of increased competition for law firms, Edge International consultant Jordan Furlong said, but so too are clients who are increasingly bringing more work in-house.

Read here: http://www.law.com/jsp/article.jsp?id=1202473909000&Law_Firms_Feel_Pressure_From_New_Breed_of_Competitors

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

Law firm gears up to defend U.S. bank foreclosures

Thursday, October 21st, 2010

By Breaking Legal News, Breaking Legal News.

A major law firm has formed a special task force aimed at defending lenders and mortgage loan servicers as legal challenges to questionable foreclosure practices mount.

Global law firm K&L Gates LLP said on Tuesday it has assembled a team to help companies respond to allegations ranging from wrongful foreclosure to inadequate documentation and lack of standing to foreclose.

"Whether it's us or somebody else, I think all the servicers are looking to get outside assistance," said Laurence Platt, a mortgage banking partner in the firm's Washington, D.C., office.

Legal pitfalls have multiplied "in part because there's a 'gotcha' mentality out there," he said.

In recent years, U.S. law firms have created special teams to help clients handle legal issues triggered by the mortgage market meltdown and the financial crisis.

These teams have included legal experts in areas including litigation, class-action lawsuits and financial regulation.

All 50 U.S. states have launched a joint investigation of the mortgage industry, looking into allegations that some banks used shoddy or fraudulent paperwork to evict borrowers from their homes.


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

Lawyer stole $500K from Greenberg Traurig

Wednesday, October 20th, 2010

By Breaking Legal News, Breaking Legal News.

Metro Atlanta attorney Michael Shaw pleaded guilty Wednesday to stealing more than $500,000 from Atlanta law firm Greenberg Traurig LLP.

Shaw, a 37-year-old resident of Mableton, Ga., worked as an associate attorney at Greenberg Traurig, specializing in bankruptcy and commercial-foreclosure litigation. From 2003 to 2009, Shaw regularly performed investigative services for clients himself, but submitted invoices in the name of an investigator who also worked for the firm. These invoices totaled $90,000.

At the same time, Shaw performed title-examination services for clients himself, but submitted invoices to the firm in the name of a fictitious vendor. He obtained the vendor’s social security number from federal bankruptcy filings and submitted fraudulent W-9 forms in the vendor’s name. These invoices totaled $425,000.

For almost six years, Shaw regularly performed work for clients, submitted fraudulent invoices to the firm’s accounting department, received checks, endorsed the checks over to himself, and deposited the funds into his personal checking account. He also continued to receive his regular law firm salary.

In June 2009, the law firm completed a client’s billing review, discovered the misconduct and fired Shaw. He was also disbarred by the Georgia State Bar.

He now faces a maximum sentence of 30 years in prison and a fine of up to $250,000. Sentencing is set for Jan. 5, 2011.


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

Judge clears AG subpoena of Stern firm

Friday, October 15th, 2010

By Breaking Legal News, Breaking Legal News.

Broward Circuit Judge Eileen O'Connor cleared the way Thursday for a state attorney general's office subpoena to obtain foreclosure records from the Law Offices of David J. Stern in Plantation, which has filed foreclosures with the courts by the thousands for the nation's biggest lenders.

O'Connor'stwo-paragraph ruling offered no comment or insight into her legal reasoning but authorized the subpoena under the Florida Deceptive and Unfair Trade Practices Act.

"She's not required to give any explanation," said Jeffrey Tew, the Tew Cardenas attorney for Stern who asked to quash the subpoena.

Stern's back-office operation, the publicly traded DJSP Enterprises, issued a statement late Thursday saying the company is cutting its staff about 10 percent and an audit committee of independent directors has started an internal investigation with Greenberg Traurig as outside counsel.

O'Connor reached the opposite conclusion of Palm Beach Circuit Judge Jack Cox, who quashed a separate subpoena last week that was served on another law firm, Shapiro & Fishman of Boca Raton and Tampa. The West Palm Beach judge refused Thursday to reconsider his decision.

Attorney General Bill McCollum has been pursuing litigation against four Florida law firms accused of shoddy foreclosure practices.


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

Price Waicukauski & Riley, LLC

Friday, October 8th, 2010

By Breaking Legal News, Breaking Legal News.

Price Waicukauski & Riley, LLC offers more than 100 years of litigation experience in state and federal courts throughout Indiana and across the nation.  While our office is in Indianapolis, Indiana, our firm focuses on representing plaintiffs in complex cases throughout Indiana and nationwide.   Our practice areas include:
Hourly, contingent and combination fee arrangements are available to suit individual client needs.  Unlike many law firms, we offer real alternatives to the traditional billable hour for clients invlovled in business disputes.

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

Ex-Detroit mayor strikes out at appeals court

Thursday, October 7th, 2010

By Breaking Legal News, Breaking Legal News.

The Michigan appeals court says it won't review the prison sentence of former Detroit Mayor Kwame Kilpatrick, who's in prison for violating probation in a criminal case.

The decision means Kilpatrick will remain in prison at least until next summer unless another court intervenes. He was sentenced to 14 months to five years for failing to report assets and turn over more money to reduce his $1 million restitution to Detroit.

The restitution was a consequence of his 2008 guilty plea to obstruction of justice. Kilpatrick had lied at a civil trial to conceal an affair with his chief of staff, a relationship later revealed through sexually explicit text messages.

Kilpatrick attorney Arnold Reed says he's not surprised by the appeals court's rejection and may take the case to federal court.

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

DANIEL BURKE SELECTED FOR LEADERSHIP CLAYTON

Tuesday, October 5th, 2010

By Breaking Legal News, Breaking Legal News.

Armstrong Teasdale lawyer Daniel J. Burke has been selected for the 2010-2011 class of Leadership Clayton, a development program sponsored by the Clayton Chamber of Commerce. A total of fifteen individuals have been accepted into this year’s program.

An attorney at the firm since 2006, Burke concentrates his practice in the areas of real estate development, banking and financial services, and public finance. He has also been deeply involved in the creation and development of Armstrong Teasdale’s Future Energy Group.

Burke received his J.D. from Washington University School of Law in 2006 and his B.A., cum laude, in 2003 from Miami University-Oxford in Oxford, Ohio, where he was also selected for Phi Beta Kappa.

Leadership Clayton, which began in 1972, is a nine-month program for emerging and existing leaders aimed at broadening their knowledge of community issues, sharpening their leadership skills and challenging their ability to find solutions to problems affecting the surrounding area. Participants must live or work in Clayton County, demonstrate leadership ability and possess a strong commitment to serve the community.

About Armstrong Teasdale LLP: Armstrong Teasdale LLP, with nearly 250 lawyers in offices across the U.S. and China, has a demonstrable track record of delivering sophisticated legal advice and exceptional service to a dynamic client base. Whether an issue is local or global, practice area specific or industry related, Armstrong Teasdale provides each client with an invaluable combination of legal resources and practical advice in nearly every area of law. For more information, please visit www.armstrongteasdale.com.

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

Court won’t hear appeal from Adelphia founders

Monday, October 4th, 2010

By Breaking Legal News, Breaking Legal News.

The 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.

The high court refused on Monday to hear an appeal from John and Timothy Rigas.

The Rigases were sent to prison after Adelphia collapsed in 2002. At the time, it was the country's fifth-largest cable TV company.

Prosecutors 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.

The 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.

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

Abused Women Win Parole After Three Decades of Imprisonment

Monday, September 13th, 2010

By Breaking Legal News, Breaking Legal News.

For over 30 years, Carlene Borden, 65, and Vicky Williams, 55, have been incarcerated for the murders of their abusive husbands. Their sentences, life without the possibility of parole for fifty years, were handed down without any evidence of their abuse being presented at their trials. At the time they were arrested, there were few resources for women, domestic violence was poorly understood, and evidence of abuse was not presented at trial, according to the lawyers involved in the case. 

“Today is an extraordinary day for Carlene and Vicky,” said Armstrong Teasdale Attorney Amy Lorenz-Moser, who represents the two women. “We have worked tirelessly for over 10 years to reduce the harsh sentences of women like Vicky and Carlene, which were passed down so many years ago. We are thrilled that the board has finally granted parole to these two survivors of domestic violence.”

The women have remained incarcerated despite a Missouri law enacted in 2007 specifically intended to help the cases of Williams and Borden, said Lorenz-Moser. The law states that offenders who had murdered their spouses would be eligible for parole if they had served at least 15 years in prison, had no prior violent felony convictions, had a history of “substantial physical abuse or sexual domestic violence” not presented at trial, and were sentenced to life in prison with no possibility of parole for 50 years.

The bill was important because, until 1991, spousal rape wasn’t even recognized as a crime under Missouri law. Battered Spouse Syndrome was not a defense in Missouri until the 1980’s. Borden and Williams were convicted in the late 1970’s.

Although both women received two previous parole hearings after the law was passed, the Missouri Board of Probation and Parole denied them freedom. A July 2010 court order allowed the women a third parole hearing, and new parole determinations. Under the guidance of this new order, their parole was finally granted.

Williams is in prison in Chillicothe and Borden is in Vandalia. They are scheduled to be released on Oct. 15.

About Armstrong Teasdale LLP: Armstrong Teasdale LLP, with nearly 250 lawyers in offices across the U.S. and China, has a demonstrable track record of delivering sophisticated legal advice and exceptional service to a dynamic client base. Whether an issue is local or global, practice area specific or industry related, Armstrong Teasdale provides each client with an invaluable combination of legal resources and practical advice in nearly every area of law.

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

Attorney: Great Lakes waterways a ‘carp highway’

Tuesday, August 24th, 2010

By Breaking Legal News, Breaking Legal News.

Five states are asking a federal judge in Chicago to take emergency action to close two shipping locks and install barriers to prevent Asian carp from overrunning the Great Lakes via a "carp highway."

At the first hearing in the case Monday, Judge Robert M. Dow Jr. showed no signs of rushing into a decision. He scheduled Sept. 7 and 8 to hear expert testimony in the case, including from scientists about the environmental DNA testing that has found genetic material from Asian carp in Illinois waterways near Lake Michigan.

The judge's questions reflected awareness of the DNA test's limits.

"Could it have been from something that ate a fish?" the judge asked about carp DNA found in water samples. Michigan assistant attorney general Robert Reichel acknowledged a bird that ate an Asian carp could excrete carp DNA into the water. The states' experts believe it's more likely that the findings show the recent presence of carp, Reichel told the judge.

The judge also asked about a single 20-pound carp discovered in June, the first to be found in a Chicago waterway above the electric barrier system. The judge asked whether scientists could pinpoint how it got there.

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