Jumat, 05 Desember 2008

SFO faces £10m legal bill on collapsed pharma investigation

SFO faces £10m legal bill on collapsed pharma investigationThe Serious Fraud Office (SFO) could face a £10m legal bill following the collapse of its £25m, six-year investigation into alleged price fixing by drug manufacturers.

The SFO had accused pharmaceutical companies Goldshield, Kent Pharmaceuticals, Generics (UK) and Ranbaxy, of conspiring to defraud the NHS through an alleged pharmaceutical cartel.

The SFO's original indictment only related to price-fixing, which alone is not an offence. When the SFO tried to amend the indictment to include conspiracy to defraud the Department of Health between 1996 and 1999 its application was refused (The Lawyer, 11 July).

Yesterday, the Court of Appeal took little more than an hour to refuse the SFO leave to appeal an earlier House of Lords decision on the case. Lawyers for the defendants now expect the SFO to be ordered to pay significant legal fees. Goldshield alone is believed to have racked up legal fees of more than £6m.

The SFO has already been asked to contribute to the costs of the House of Lords case that quashed its original claim against the pharmaceutical companies.

The government office has dedicated significant resources to the prosecution. It had to borrow 100 officers from the National Crime Squad for 30 dawn raids to launch the investigation. It seized six million documents and built it's own database to sift through them.

One lawyer close to the case said: "Richard Alderman's appointment [in March as SFO director] after the House of Lords case collapsed would have provided a perfect opportunity to draw a line under this claim, but they were determined to carry on."

Pannone head of regulatory investigations Anthony Barnfather, who acted for John Clark, a director of Kent Pharmaceuticals, added: "The stance of the SFO throughout this investigation has been one of overconfidence verging on misplaced arrogance."

In July, Alderman told The Lawyer the SFO wanted to adopt preventative measures as an alternative to bringing costly litigation.

"An example of where litigation may not be the right course of action is where two businesses merge," he said. "One finds out the other has been fraudulent and so those people are thrown out of the company and other steps to rectify the fraud are taken to the best of the company's abilities.

"In such a scenario the business wants to draw a line under it and start afresh, and I think the SFO should help in that instead of prosecuting needlessly."

The Civil Justice System’s Role Protects Consumers Federal Preemption Threatens This Role

Tuesday, October 21, 2008

The Civil Justice System’s Role Protects Consumers Federal Preemption Threatens This Role

The American Association of Justice (AAJ) released a series of documents that detail how helping negligent corporations escape accountability has been a top priority for the Bush Administration. The documents were obtained through repeated Freedom of Information Act requests by AAJ and reveal how the Bush Administration has silently ordered federal agencies to usurp state law and consumer protections.

The AAJ report titled, Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability, tracks the origins of complete immunity preemption. Further, the report reveals how in 2005 carbon copy statements claiming that federal agency rules preempt state law began surfacing in the rule “preambles” issued by the federal government, and in some cases the final rules. To date, seven federal agencies have issued over 60 proposed and final rules with preemption language in the preamble and claimed the authority to provide immunity from state law.

The Wall Street Journal recently outlined how these new rules will weaken consumer protections and will affect everything from motorcycle brakes to pain medicine. The story also includes an acknowledgment from a former Administration official that skirting Congress and usurping tougher state consumer safety laws was a goal of this Administration. And we can expect even more activity from federal agencies in the waning months of the Bush Administration. In exposing this wide-ranging attempt by the Bush Administration to dismantle states’ rights, AAJ uncovers the cozy relationship between federal agencies and the industries they regulate and the dissension at the agencies that resulted from the move to curtail states’ authority.

Jumat, 28 November 2008

texas lemon

Texas lemon laws and other federal consumer protection laws could help you get a recovery for the problems with your new lemon vehicle. Welcome to the website of the Law Offices of Kevin Le, PLLC. Our Dallas based law office is committed to providing you with legal services regarding your new lemon vehicle.

Our law office handles lemon law and warranty claims for most new cars and consumer products. Under the "Texas Lemon Law", applicable Federal Consumer Laws such as the Magnuson-Moss Warranty Act, and the Texas Deceptive Trade Practices Act, you may be entitled to a recovery in a form of a settlement, new vehicle replacement, or refund.

Do you have a broken or defective new car, truck, van, SUV, motorcycle, or boat? Did you take it in at least 3 or 4 times unsuccessfully for the same defect? If so, then consider hiring us. We represent consumers of lemon vehicles throughout Texas. We are committed to providing you with professional and quality legal service.

If you would like to arrange for a personal consultation with us by telephone or e-mail, please contact us. Please call us toll free at 1-888-333-3813 so that we can discuss your Texas lemon law case and options with you. Please note that we DO NOT accept PREOWNED lemon law cases. We look forward to hearing from you.

Kevin Le, J.D.
Attorney at Law

info lawyer

hiring a lawyer

Several public and member services programs make up the Referral and Information Services. The purpose of RIS is to link people seeking legal assistance with lawyers and programs able to assist them. Lawyer Referral Service, which is the largest part of RIS, was started as a mandatory program in 1971 and became voluntary in 1985. It handles more than 60,000 calls per year, and is the only program that generates significant non-dues revenue. Other RIS programs include the Modest Means, a program for low income clients, Lawyer to Lawyer, a peer-to-peer advice service, and Problem Solvers, which offers free legal advice teens.

For more information, contact the LRS at 503-684-3763 or toll-free in Oregon: 800-452-7636.

Lawyer Referral Service

LRS clerks refer clients to member attorneys based on location, area of law, and special services offered. The service receives roughly 250 calls per day with one third referred to community organizations, Tel-Law or other resources. Approximately 1,500 private attorneys participate in the LRS program.

When a client calls for a referral they will be asked for their name, phone number, and a brief description of their legal problem. The client will be given the name and phone number of an attorney in the area where they need assistance. If the client is referred to an attorney through the LRS, they will receive their first in-office consultation for $35 or less. Any additional fees must be arranged between client and attorney. The referral service does not set a limit on the fees attorneys charge beyond the initial consultation.

If you are unsure if you need to speak with an attorney, you may still want to call the service. LRS staff can help you focus on the type of assistance you may need, or give you more information on OSB, government, and community service programs that may be able to assist you.

Please note: If you are not in Oregon and cannot meet with a lawyer in person, we cannot guarantee the $35 in-office consultation fee. Fees should be arranged between you and the lawyer.

Lawyer Referral Service
Hours: 8 am to 12 pm and 1 pm to 5 pm Monday-Friday
Phone: 503-684-3763 or toll-free in Oregon at 800-452-7636.

http://www.osbar.org/public/ris/ris.html

Career Information

Lawyers: Career, Salary and Education Information

Career Profile: What do Lawyers do?
Although lawyers affect nearly every aspect of society in a range of positions and industries, their basic duties are the same--to represent the needs of their clients in civil and criminal trials. However, other job duties vary dramatically. Lawyers can specialize in bankruptcy, international, elder, probate, or environmental law. The growing field of intellectual property is also seeing a growing level of attention from lawyers.

Some lawyers spend more time in the courtroom than others, working as trial lawyers. While some lawyers work in private practice, others find employment in government, legal aid societies, or within corporations.

A Day in the Life of a Lawyer
The daily responsibilities of lawyers can mean late nights on a regular basis. The Bureau of Labor Statistics (BLS) reports that, of those that work full time, about 37 percent work 50 hours or more per week. Travel can also be required, particularly for those specializing in international law.

Lawyers do most of their work in courtrooms, law libraries, and offices. Some meet clients in their homes or businesses. They attend meetings, gather and interpret evidence, and consult with authorities, clients, and members of their firm. Some meet with clients in prisons or hospitals. About 27 percent of lawyers are self-employed, either in solo practice or as partners in law firms.

Lawyer Training and Education
Competition for law school is intense, and is viewed as the first of many challenges for aspiring lawyers. A four-year college degree plus three years of law school are the basic educational requirements for lawyers. After formal training, candidates must pass a stringent bar examination.

Even with the competitive nature of law school, graduates face still more competition as they enter the job market. Many law schools have clinical programs, clerkship, and internship opportunities, which are highly recommended as training for new lawyers. Some states require continuing education among lawyers, to keep them informed on changing legal and non-legal developments that can affect their practice.

Get the Training You Need: Find top Law Schools near you!

Lawyer Employment & Outlook
About 761,000 lawyers were employed nationwide in 2006, according to the BLS. Of lawyers who were salaried, most held positions in government, in law firms or other corporations, or in nonprofit organizations. A relatively small number worked at law schools as faculty.

Employment for lawyers is expected to grow about as fast as average for all careers through 2016. About 84,000 jobs are projected to be created in the field.

Typical Lawyer Salary
As a reward for the stringent nature of the educational and employment process, lawyers earn high salaries. The BLS reports that lawyers saw mean annual earnings of $118,280 in 2007. Those working directly in legal services occupations earned $124,230, while those working in local and state government earned $87,130 and $78,310, respectively.

The District of Columbia saw both the highest concentration of workers and the highest salaries for the profession, with annual earnings of $143,520. California and New York trailed slightly behind in the salary department, with earnings of $137,300 and $136,900, respectively.

Source
Bureau of Labor Statistics, Lawyers

Lawyer says Jackson too sick to travel for trial

LONDON - Michael Jackson might be too sick to travel to London to testify in a suit claiming he owes an Arab sheik $7 million, the pop star’s attorney said Tuesday.

Jackson is seeking to give his testimony by video link from the United States.

“It would be unwise for him to travel, given what’s he’s got now,” lawyer Robert Englehart said, declining to elaborate “for the obvious reasons.”

A lawyer for Sheik Abdulla bin Hamad Al Khalifa said the medical evidence presented by Jackson’s legal team was unsatisfactory.

“It’s not the first time a sick note has been presented by Mr. Jackson,” the lawyer, Bankim Thanki said. He gave no precise indication of what the illness might be, but told the court that Jackson’s condition could be treated with a bandage “if the diagnosis is positive.”

Jackson has often been seen wearing a surgical mask in public. In one infamous court appearance in California, he appeared to have a bandage hanging from his hollowed-out nose.

Despite much speculation about his radically changed appearance over the years, he has denied having had any alterations to his face other than two operations on his nose to help him breathe better to hit higher notes.

The judge in the current case, Nigel Sweeney, said he would decide the question of Jackson’s travel on Thursday to allow time for medical experts on both legal teams to talk.

Al Khalifa, the second son of the king of Bahrain, claims that Jackson reneged on a contract for an album, a candid autobiography and a stage play, after accepting millions from the sheik.

Al Khalifa was in court Tuesday for the second day of arguments and testimony.

The case is being tried in London by mutual agreement, Al Khalifa’s representatives have said, and it is expected to close by the end of the month.

Jackson, 50, and the Bahraini royal first made contact when Jackson was fending off accusations of child molestation in California. Once Jackson was cleared of the charges, Al Khalifa, an amateur songwriter, invited him to the small, oil-rich Gulf state to escape the media spotlight.

Thanki said that the pair even moved in to the same palace to work on music together.

However, Jackson dropped the project in 2006, leaving Bahrain and pulling out of the contract, a move Al Khalifa considered a slap in the face, Thanki said.

“It’s fair to say my client felt a considerable sense of betrayal by someone he thought was a close friend,” he said. Thanki said Al Khalifa suffered financially too: Jackson’s autobiography, intended to be “a frank and personal account” of the singer’s life, was alone expected to rack up $24 million.

In the meanwhile, Al Khalifa had given Jackson millions of dollars to help shore up his finances and subsidize Jackson’s lifestyle in the small Gulf state — including more than $300,000 for a “motivational guru.”

Thanki said Al Khalifa considered the money an advance on the profits Jackson would reap from their pop music project, but Englehart said the money was a gift.

“Sheik Abdulla, fortunately for himself, had the resources to be so generous,” Englehart said.

Englehart argued that Jackson wasn’t bound by the deal he struck because the contract was technically signed on behalf of 2 Seas Records, a venture which never got off the ground.

“This (contract) was one brick in a building that was never built,” Englehart said.

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Jumat, 05 Desember 2008