Miss. high court takes ex-gov pardons case

(News) — Fri, 03 Feb 2012 09:55:22 -0800

The Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons ex-Gov. Haley Barbour gave out in his last days in office.

State Attorney General Jim Hood, a Democrat, wants to invalidate dozens of the 198 pardons that Barbour, a Republican, handed out before his second four-year term ended Jan. 10. Ten of the people were still incarcerated when they received reprieves.

Only about two dozen of the people pardoned followed the Mississippi Constitution's requirement to publish a notice about their reprieves in their local newspapers for 30 days, said Hood, who wants the others invalidated. Barbour has said the pardons are valid and that he gave them because he's a Christian and believes in second chances.

Most of the people who could lose their pardons already served their sentences and have been out of prison for years. Some of them were convicted of comparatively minor crimes as far back as the 1960s and 1970s and have never been in trouble again.

Five of the pardoned are being held on a temporary restraining order issued by Hinds County Circuit Judge Tomie Green. The Supreme Court extended that order until it can rule on the matter. It set a hearing for Feb. 9 and said it would try to rule quickly.

Miss. high court takes ex-gov pardons case

(News) — Thu, 02 Feb 2012 13:01:30 -0800

Securities Litigation and Regulatory Enforcement Law Firm - Herskovits PLLC

(News) — Wed, 01 Feb 2012 09:30:20 -0800

New York FINRA Arbitration & Securities Litigation Attorney

Robert L. Herskovits

Robert concentrates his practice in the areas of securities litigation and regulatory enforcement matters. Robert routinely advises broker/dealers, industry professionals and investors in varied litigation, arbitration and regulatory matters relating to the securities industry. Robert is certified as an arbitrator for FINRA, AAA and the NFA and formerly served as in-house counsel for an NYSE-member broker/dealer.

Prior to forming Herskovits PLLC, Robert was a partner with Gusrae Kaplan Nusbaum PLLC for more than five years.

Robert received a JD from the Benjamin N. Cardozo School of Law and a BA from Syracuse University. Robert is admitted to practice in the State of New York and before various federal courts, including the U.S. District Court, Southern District of New York, U.S. District Court, Eastern District of New York, the U.S. Court of Appeals, 2nd Circuit, and the U.S. Supreme Court.

An active participant in the bar, Robert is the Co-Chair of the Committee for Securities and Exchanges of the New York County Lawyers' Association. Robert's accomplishments were recently recognized by Thomson Reuters' "Super Lawyers", which designated Robert as a 2011 Rising Star in business litigation.

Practice Areas

•Securities Litigation and Arbitration
•Securities Industry Regulatory Defense
•Broker-Dealer Advisory Services
•Securities Industry Employment Litigation
•Commercial Litigation

Address

1065 Avenue of the Americas
27th Floor
New York, New York 10018

Contact:
Tel: (212) 897-5410
Fax: (646) 558-0239

Ex-Calif. teacher in court on molestation charges

(News) — Wed, 01 Feb 2012 09:29:51 -0800

The children at Miramonte Elementary School never complained about their third-grade teacher. Not, authorities said, when he blindfolded them, not when he put tape over their mouths or even placed live cockroaches on their faces.

He told them it was a game and then photographed them, creating images that would eventually lead to his arrest, investigators said of Mark Berndt, who is scheduled to be arraigned Wednesday on charges that he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010. He has hired a lawyer and has made no statements to authorities, said Los Angeles County sheriff's spokesman Steve Whitmore.

The investigation began when a film processor found Berndt's photos more than a year ago. Since the discovery, the school district fired Berndt and police put him under surveillance.

"If it wasn't for the film processor, this could still be continuing today," said sheriff's Lt. Carlos Marquez.

Berndt was arrested Monday at his home in Torrance and was being held on $2.3 million bail.

Some parents picking up their pre-kindergarteners at the school on Tuesday complained that officials at the school in South Los Angeles should have notified them when the photos were found.

Judges skeptical of Texas in redistricting case

(News) — Wed, 01 Feb 2012 09:29:33 -0800

Three federal judges weighing the legality of Texas' new political maps reacted with skepticism Tuesday when the state's lawyer suggested the intent of the redrawn boundaries was to maximize the influence of Republicans, not to minimize the influence of minorities.

The U.S. Justice Department and a coalition of minority groups contend the legislative and congressional maps the Texas Legislature drew last year recut districts in a way meant to dilute the state's burgeoning minority voting population. They say the maps violate a section of the Voting Rights Act that requires states with a history of racially discriminatory voting practices to get so-called "pre-clearance" from the Justice Department before making electoral changes.

Texas is gaining four congressional seats this year due to population readjustments made in the 2010 census. That has increased the redistricting stakes, with Hispanics and Democrats often clashing with the GOP-controlled Legislature about how the lines should be drawn.

John Hughes, a lawyer for Texas, which is seeking to keep the maps in place, said during closing arguments before a Washington federal court panel that the maps were the result of partisan gerrymandering that didn't violate federal law. He argued that "a decision based on partisanship" is not based on race, even if it results in minority voters having less political influence.

CA Supreme Court reinstates murder conviction

(News) — Tue, 31 Jan 2012 10:13:06 -0800

The California Supreme Court on Monday reinstated a man's second-degree murder conviction for killing a well-known San Diego surfer, overturning a 2010 ruling by a state appeals court that had reduced it to voluntary manslaughter.

The state's highest court said it disagreed with the decision by the 4th District Court of Appeals that cited insufficient evidence of implied malice by Seth Cravens when he delivered the single fatal punch to 24-year-old Emery Kauanui in 2007.

Cravens was found guilty in November 2009 of second-degree murder and sentenced to 20 year to life in prison. The court ruling Monday means he will continue to serve that sentence.

If the voluntary manslaughter conviction had stuck, he could have faced a maximum of 16 years in prison.

Nicknamed the "Flying Hawaiian," Kauanui was a fixture at San Diego's Windansea Beach, where his favorite surf break is now called "Emery's Left."

Prosecutors said Cravens and four other men had gone to the La Jolla house of the surfer's mother to retaliate after Kauanui accidentally spilled beer on one of the men earlier in the evening at a bar.

After a group attack on Kauanui, Cravens delivered the punch to his head that prosecutors said fractured his skull. He fell then died at a hospital four days later.

Attorney: Texas redistricting talks have stalled

(News) — Tue, 31 Jan 2012 10:12:47 -0800

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.

Conviction and sentence upheld in Palin email case

(News) — Mon, 30 Jan 2012 13:04:23 -0800

A federal appeals court panel has upheld the conviction and sentence of a University of Tennessee student in the hacking of Sarah Palin's email in 2008.

The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.

Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain's GOP running mate at the time.

Kernell was released in November after serving less than 11 months.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.

Law Firm Brower Piven Announces Investigation

(News) — Mon, 30 Jan 2012 13:04:11 -0800

The law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty to current shareholders of The Pep Boys -- Manny, Moe & and other violations of state law by the board of directors of Pep Boys relating to the proposed acquisition of the company by The Gores Group. The firm’s investigation seeks to determine, among other things, whether the board breached its fiduciary duties by failing to maximize shareholder value.

On January 30, 2012, Pep Boys announced that it had entered into a definitive merger agreement providing for Gores Group to acquire Pep Boys for $1 billion. Under the terms of the merger agreement, Pep Boys shareholders will receive $15.00 for each share of Pep Boys common stock held. However, according to Yahoo! Finance, at least one analyst has set a high price target of $17.00 per share.

If you currently own shares of Pep Boys and would like to learn more about the investigation being conducted by Brower Piven, you may email or call Brower Piven, who will, without obligation or cost to you, attempt to answer your questions. You may contact Brower Piven by email at hoffman@browerpiven.com, by calling (410) 415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153. Attorneys at Brower Piven have combined experience litigating securities and other class action cases of over 60 years.

NY court: Judge can't block $18B Chevron judgment

(News) — Sat, 28 Jan 2012 09:06:00 -0800

A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.

It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.

The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world.