... did not give prospective customers the required prospectuses included: • Business units' failure to report to the proper department that prospectus delivery was required • Coding errors • Failure to supervise and monitor outside vendors under contract to deliver prospectuses • Inadequate supervisory systems, procedures, and polices When the activity allegedly at issue occurred, Wachovia Securities, LLC was a non-bank affiliate and subsidiary of Wachovia Corporation. This year, the latter merged ...
July 3, 2009 01:40 pm

Lori Drew's Convictions Will Be Vacated

(TalkLeft: The Politics of Crime)
... with a venomous message. Some of our readers considered her behavior monstrous; none held her faultless. According to her lawyer, Drew had to leave Missouri because she became "an internet punching bag for almost three years" having been "tried, ... Wu on Thursday, echoing what critics of the case have been saying for months. "And therefore it criminalizes what would be a breach of contract." Judge Wu's ruling generated this startling response from O'Brien: "We call it cyber-bullying and we don't ...
July 3, 2009 11:29 am
... are law firms who do ICBC defence work. I have previously posted that some lawfirms and lawyers work both sides of the fence, that is on some cases they work for ICBC and in other cases they ... suing someone insured by ICBC. According to the BC Law Society there is nothing wrong with this but these lawyers need to let their clients know if they signed the ICBC defence contract (known as the SAA) which restricts the lawyers ability to make claims against ICBC. This is required so clients can make an ...
July 3, 2009 11:29 am
... # to mBlox, an aggregator who "handled the actual transmission of the text messages to the wireless carriers" => Simon & Schuster contracts with ipsh! to run a text message campaign for Simon & Schuster's new Steven King novel Cell. (Ironic name? Maybe this lawsuit will spur Stephen King to write a sequel, Cellphone). As you know, lawyers aren't very good at math, but according to my count, it looks like four different intermediaries "touched" Satterfield's ...
July 3, 2009 10:51 am
... 't covered. These practices aren't just unfair to injured motorists -- they are illegal and a violation of the insurer's own contract. Unfortunately, to enforce their rights, motorists like Brown sometimes have no choice but to file a Hialeah semi truck ... our firm, Cohn, Smith & Cohn, as soon as possible. Based in Pembroke Pines, our Hollywood trucking accident lawyers represent drivers throughout Florida, including but not limited to truck drivers, who were seriously injured in an accident ...
July 3, 2009 09:00 am

Caveat User: Data Mining and Sneaky Services Providers

(Christiansen's IT Law: Information Law Theory and Practice)
... about their use of the web services for purposes implicitly including front running. Terms of use, of course, are a form of contract users accept, by website actions ranging from explicit entry of user information and account setup, to simply continuing ... Gramm-Leach-Bliley privacy regulations or New York state privacy laws might be implicated. Again, I assume smart lawyers gave this an extensive - and expensive! - analysis, and there are internal controls intended to prevent clear violations. In ...
July 3, 2009 05:09 am
... from minors and using information obtained from MySpace services to harass or harm other people. By allegedly violating that click-to-agree contract, Drew committed the same crime as any hacker, prosecutors claimed. But testimony in the case offered by prosecution witness ... " and others who didn't know all the facts of the case. He said Drew has already been in touch with a lawyer to discuss a possible civil case that she might still face, but felt fairly certain that her criminal troubles were ...
July 2, 2009 12:04 pm
... has been staying in a Miami apartment. He remains in critical condition at Miami Children's Hospital, but friends say is making progress and may be able to return home to Jacksonville in a few weeks. In addition to the broken bones the boy suffered during the accident, he also contracted Swine Flu and suffered kidney failure. Jacksonville Boy Recovering After Miami Accident, FirstCoastNews.com, July 1, 2009 Jacksonville Boy Hit, Seriously Injured in Miami, FirstCoastNews.com, June 10, 2009
July 2, 2009 10:18 am
... undermine investor interests." The blueprint recommends that the SEC "conduct a study on the use of mandatory arbitration clauses in [investor] contracts" and "consider whether investors are harmed by being unable to obtain effective redress of legitimate grievances, as well as ... a case-by-case basis whether it is best for that particular client to sue or go to arbitration." Page Perry's lawyers are experienced at both litigation and arbitration, and says Jones, "we would love to have the freedom ...
July 2, 2009 10:14 am
Preparation of Initial Documents: After an Alabama personal injury lawyer identifies his/her theories of liability and defendants he/she must then decide where is the appropriate and/or best place possible to file ... the Circuit Court of Jefferson County. However, if the dispute involves a breach of contract, then the proper venue for a breach of contract claim in Alabama is usually the County where the contract was entered into. Once the personal injury attorney has determined what is the proper ...
July 2, 2009 05:25 am

What is Arbitration?

(NJ Family Issues)
... . [N.J.S.A. 2A:23B-24(a).] The scope of review of an arbitration award is narrow. Otherwise, the purpose of the arbitration contract, which is to provide an effective, expedient, and fair resolution of disputes, would be severely undermined. Barcon Assocs., supra, 86 N.J. ... post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator. Legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, ...
July 2, 2009 05:12 am

You Don't Necessarily Get What You Pay For

(Law School Labyrinth Blog)
... as gospel. The statement I am about to make will be considered by many to be heresy. Having known and worked with numerous lawyers who have graduated from a variety of law schools, I have become convinced that the quality of legal education among schools is actually ... is so, despite the conventional wisdom that the purpose of law school is to teach you how to "think like a lawyer". I overheard my first year Contracts professor talking to a group of students after class one day. He frequently held ...
July 2, 2009 04:55 am
... incurred, up to the dollar limit of the insurance policy. Problem is, what happens when the title insurance company shutters its doors? Contracts that are "in process" grind to a halt. Mortgage payoff checks or other checks issued from closings that are "in the mail" or ... in the state of Illinois. Based in Schaumburg, it serviced a great many north-west suburban real estate lawyers, and had a strong market niche providing insurance for smaller condominium developers. According to one insider I ...
July 2, 2009 02:47 am
... from their estate their "right to receive... a payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of ... age." First, the Court held that an IRA was indeed a similar plan or contract to those listed in the provision (such as an annuity). This is because an IRA provides income that acts as a substitute for wages earned. Second, the Court held that the right to receive this payment was indeed on account of age. The ...
July 1, 2009 08:10 pm
... that Bank of America's home loan servicing department has quietly inserted language into its standard short sale contract that makes the seller liable for the difference between the loan's amount and the sale price. The change, the article said ... all, since buyers could have their homes repossessed to satisfy the previous owner's debt. As Corona loan modification lawyers, we are particularly interested in this issue because Bank of America now owns Countrywide Financial. During the housing bubble, ...
July 1, 2009 03:07 pm
... of July weekend, we will celebrate our Declaration of Independence, a document written 233 years ago by a then 33 year old lawyer by the name of Thomas Jefferson. Since many of us have probably not read this important document since an 8th grade social studies ... to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. - And ...
July 1, 2009 01:10 pm
In his Business Conflict Blog, F. Peter Phillips published "Contract Drafting for Dispute Management". This Blog Post discusses how contract negotiating parties may anticipate future, yet unknown, problems; and provide for their amicable resolution ... visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator. Legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson ...
July 1, 2009 11:06 am
... Phoenix for defective billboards). Trinity then filed suit against Central for the bad faith breach of the insurance contract by refusing to settle with the Fowlers and the negligent failure to settle. In analyzing the case, the Georgia Supreme Court examined the insurance ... in an attempt to shield itself with a "no settlement" clause. Finally, the Court noted that "[t]he insurance contract also made it clear that Trinity could sue Central only about agreed upon settlements and judgment following ...
July 1, 2009 10:56 am

"Will Practice Make Perfect Lawyers?"

(Stark County Law Library Blog)
... slightly more appetite -- for training new associates. As the National Law Journal reports, a number of firms -- most recently, 659-lawyer firm Howrey -- are moving toward an apprenticeship model, with new associates spending time attending classes and shadowing partners on ... 're interested in a game-changing training program, the first thing you'd do is adopt a style guide for contract drafting. That's something I discussed in this January 2009 blog post. Your only real choice would be to adopt ...
July 1, 2009 10:02 am

"Untangling Stimulus Strings"

(Stark County Law Library Blog)
In the news: "With venture capital all but dried up, government contracts lawyers say they are getting a lot of questions from high-tech companies eager to compete for stimulus funds. But government money comes with quite a few strings attached, which means more red tape to explain to clients. That's not necessarily a roadblock, lawyers said, but clients will need good compliance infrastructure as they go down that road." Read full text Source: Law.Com's Daily ...
July 1, 2009 10:00 am
 
 

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