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Verdict upheld for Valley law firm suing over fees
Legal News |
2008/03/12 14:35
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A federal Appeals Court has upheld a nearly $3.3 million verdict obtained by a Valley law firm against another firm from Texas for unpaid legal fees.
In their unanimous ruling, the judges of the 9th U.S. Circuit Court of Appeals rejected arguments by the attorney for John M. O'Quinn amp; Associates that the legal fees being charged by Brown amp; Bain were not reasonable. Neil McCabe said that put the Phoenix law firm in violation of ethical rules adopted by the Arizona Supreme Court.
But appellate Judge John Noonan, writing for the panel, said the O'Quinn firm had in fact agreed to pay Brown amp; Bain a certain amount once the case settled.
Potentially more significant for attorneys, the appellate judges said Ethical Rule 1.5, which bars fees that are unreasonable, applies only to the dealings that lawyers have with their clients. It does not regulate what one law firm charges another.
The case involves a lawsuit filed by about 900 property owners in the Phoenix area who filed suit against Motorola contending that toxic chemicals from its plant caused environmental damage. The deal the property owners had was the O'Quinn law firm would get 40 percent of any recovery plus the cost of litigation. |
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Miami appraiser pleads guilty to fraud scheme
Court Line News |
2008/03/11 09:58
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pA Miami real estate appraiser has pleaded guilty to wire fraud for her involvement in the Southwest Ranches-area fraud scheme in Broward County, the office of the U.S. Attorney for the Southern District of Florida said. /ppMartine Yanisse Castrillon is one of 15 defendants charged with buying homes through straw buyers at an inflated price, and then getting cash back at the closings. So far, nine defendants have pleaded guilty to various federal charges in the indictment. /ppCastrillon admitted that she did fraudulent appraisals -- valuing the properties at the amount requested by another defendant, not the true market price -- and forged the name of the certified appraiser who was to review her work. /ppAccording to the indictment, co-defendants Lazara Villalba and Henry Quintero-Lopez would offer the owner's full asking price and then inflate the contract purchase price to allow their companies, New World International and Damp;H Investments of South Florida, to receive a finder's fee, assignment fee or additional funds to allegedly construct improvements to the properties. They would then recruit individuals, who, for a fee, acted as straw buyers of the properties. Villalba and a co-defendant would obtain fraudulent pay stubs, IRS documents, verification of employment and verification of deposit forms; documents would be submitted to cooperating mortgage brokers and the loans were approved to purchase the properties. /ppCastrillon faces a maximum of 20 years in prison on each of the wire fraud counts and a fine of up to $250,000 on each count. Sentencing is scheduled for May 22.
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Health-Care Fraud: Keep an Eye on the Small Fry
Attorney Opinions |
2008/03/11 06:01
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pYou might have been afraid to attend the American Bar Association’s white-collar crime conference last week. But the Health Blog, armed with the First Amendment, endured the topic and the tropical clime of Miami to check out a panel on health-care fraud. /ppThe government and the corporate defenders were there. Big Pharma bogeywoman Susan Winkler, chief of the health-care fraud unit at the U.S. Attorney’s Boston office, shared the dais with defense attorneys Ty Cobb, Nicholas C. Theodorou, Katherine Lauer and Thomas Dwyer./ppThe group ran though the health-fraud hit parade: off-label marketing, assessing the value of a case and how a company, once cornered, can strike a productive note with the feds. /ppBut the thing that jumped out at us was the group’s consensus that smaller companies–biotechs and device companies—are expected to be the next big hunting ground for fraud and wrong-doing. “Small cap companies, biotech and medical device companies, their resources are limited in terms of compliance,” Theodorou said. And, he added, “they’re very sales and marketing driven.” /ppWinkler agreed, saying, “We’re going to see more and more off-label with medical devices.” The U.S. Attorney’s office in Boston has been a leader in rooting out health- care fraud, including cases against a host of drug companies. Sketchy pricing schemes and off-label marketing, or pitching a drug for uses beyond those approved by FDA, have been regular fraud fodder./ppBut Big Pharma, said the panel, has learned from its lumps after battling government investigations and charges. “There are a lot of drug executives walking around with huge dents in their heads,” Cobb said. “They’ve been beaten with rules and compliance.” It’s the little guys, particularly single-product companies, who don’t have the resources and infrastructure to set up checks and balances. The legal stakes can break a company, Cobb said. “I got a case where the first person I called wasn’t the forensics guy, but the bankruptcy guy.”/p
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Man in Iced Body Probe Pleads Not Guilty
Headline Legal News |
2008/03/11 04:00
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| A man arrested after police found a woman's body packed in dry ice in his hotel room pleaded not guilty Monday to two drug-related charges.pStephen David Royds, 46, is charged with one count each of the sale or transport of a controlled substance and possession of a controlled substance with intent to sell. A prosecutor said the substance was cocaine./ppOrange County Superior Court Judge Derek G. Johnson set Royds' bail at $1 million./ppRoyds was arrested Thursday after police found the body of Monique Trepp packed in dry ice in a large Rubbermaid container in his hotel room. Police had obtained a warrant to search Royds' room for drugs./ppAn autopsy concluded that Trepp's death was not a homicide and Royds has not been charged with killing her. Toxicology reports were pending, but Dennis Conway, an Orange County assistant district attorney, said it appeared the 33-year-old died of an overdose./ppRoyds' court-appointed public defender, Richard Carmona, did not make himself available to reporters after the brief hearing and didn't immediately return a call for comment./ppIn addition to finding Trepp's body, investigators found drug paraphernalia, drugs and Christmas presents in Royds' room, Conway said./ppPolice and prosecutors have released few other details about the case, including how long Trepp's body was kept in the room. Conway said she had been dating Royds./ppRoyds has a prior drug conviction in Orange County in 2002, but did not appear for sentencing. Even if he were to post the $1 million bail on the new charges, he would be held with no bail on the older case, Conway said./p |
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US cracks multimillion-dollar piracy ring
Headline Legal News |
2008/03/10 09:25
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| pTwo brothers in the US have been given lengthy jail terms for selling large amounts of pirated computer software. A federal court in Alexandria, Virginia sentenced Maurice Robberson, 48, to three years in prison and ordered him to pay $855,917 in restitution./ppHis brother Thomas Robberson, 55, was sentenced to 30 months in prison and ordered to pay $151,488 in restitution. Maurice Robberson pleaded guilty to conspiracy and felony copyright infringement, while his brother Thomas Robberson pleaded guilty to a single count of felony copyright infringement./ppThomas Robberson grossed more than $150,000 selling software with a retail value of nearly $1m by operating Bestvalueshoppe.com and TheDealDepot.net./ppMaurice Robberson grossed more than $855,000 selling software with a retail value of nearly $5.6m through CDsalesUSA.com and AmericanSoftwareSales.com. Both brothers have agreed to forfeit all proceeds from the illegal businesses./ppPeople who steal the intellectual property of others for their personal financial gain, while defrauding consumers who think they are buying legitimate products, will be punished for their crimes, as today's sentences prove, said Assistant Attorney General Alice Fisher./p |
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Girard Gibbs Investigates Possible Violation of Diebold, Inc.
Press Release |
2008/03/10 07:28
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| The law firm of Girard Gibbs LLP (a href=http://www.girardgibbs.com/ target=_blank shape=rectfont color=#000066http://www.girardgibbs.com/font/a) announces that it is investigating alleged violations of fiduciary duties by the board of directors of Diebold, Inc. (NYSE:DBD) (span id=bwanpa0“/spanDieboldspan id=bwanpa1”/span) relating to a buyout offer by United Technologies Corp. (NYSE:UTX) (span id=bwanpa2“/spanUnited Technologiesspan id=bwanpa3”/span). pIt is alleged that Dieboldspan id=bwanpa4’/spans directors are violating their fiduciary duties of due care, good faith and loyalty by rejecting without discussion an acquisition offer at a substantial premium by United Technologies, to the detriment of Diebold and its shareholders. Despite the potential to enhance shareholder value beyond that which Diebold can offer as an independent corporation, the board of directors has refused to negotiate with United Technologies. /ppOn March 3, 2008, United Technologies went public with an offer to buy Diebold for $2.63 billion, or $40 a share. This represented a 66% premium to Dieboldspan id=bwanpa5’/spans February 29, 2008 share price of $24.12. United Technologies has stated, in a press release, that if the Diebold board begins merger discussions, it is open to raising the offer price. On the same day, Dieboldspan id=bwanpa6’/spans board categorically rejected the offer and refused further negotiation. /ppIf you own stock in Diebold and you wish to discuss your rights as an investor, please visit our website, a href=http://www.girardgibbs.com/bkr.html target=_blank shape=rectfont color=#000066http://www.girardgibbs.com/dbd.html/font/a, or contact Jonathan K. Levine, Esq. (a href=mailto:jkl@girardgibbs.com target=_blank shape=rectfont color=#000066jkl@girardgibbs.com/font/a) or Aaron M. Sheanin, Esq. (a href=mailto:ams@girardgibbs.com target=_blank shape=rectfont color=#000066ams@girardgibbs.com/font/a) toll free at (866) 981-4800. /p |
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