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Thinking About Trouble-Free Former Top DOJ Attorney Secrets

February 14th, 2012

Bass, Berry & Sims PLC is thrilled to announce the addition of John Kelly, a former top U.S. Department of Justice official, as a partner in the firm’s Compliance and Government Investigations Practice.

Mr. Kelly will constitute the handling business partner of the company’s fresh Washington, D.C. office. He has extensive experience with complex federal and state investigations and Litigation matters related to healthcare fraud and abuse, the False Claims Act, white collar crime, the Foreign Corrupt Practices Act, and regulatory and compliance issues.

Mr. Kelly joins Bass Berry following on from the distinguished track record of service as a criminal law attorney with the Department of Justice, and subsequently as a partner at Fulbright & Jaworski LLP. During his tenure at DOJ, Mr. Kelly supervised investigations and prosecutions in a broad range of healthcare fraud actions nationwide, including criminal law violations of the Anti-Kickback Statute, the False Claims Act, wire and insurance fraud, and anti-money laundering. He served in several prestigious positions including Assistant Chief for Health Care Fraud of the Criminal Division’s Fraud Section, and he led the Los Angeles Medicare Fraud Strike Force. He also served as Chief of Staff and Deputy Director of the Executive Office for U.S. Attorneys, where he worked closely with senior leadership within the 94 U.S. Attorneys’ Offices, the Department of Justice, and various federal agencies including HHS-OIG, FBI, and DEA.

“With increasingly significant regulatory and enforcement activity having such direct impact on our clients and the healthcare industry, we saw no better time than now to establish a presence in Washington, DC,” said Keith Simmons, Managing Partner of Bass, Berry & Sims PLC. “We are most fortunate to have John at the helm. He is deservedly regarded as one of the most capable healthcare fraud enforcement and compliance lawyers in the profession.

“The best way to build a practice in Washington is by recruiting the best lawyers in Washington, those who are firmly established and recognized in the marketplace,” added Mr. Simmons. “John brings an insider’s knowledge of the Beltway that will have a direct and beneficial impact on our clients who are so directly affected by legislative and regulatory decisions made at the federal level.”

“It is an honor to now be a part of this prestigious law firm,” said Kelly. “I particularly welcome the opportunity to build on Bass, Berry & Sims’ stellar client base and grow its Compliance and Government Investigations Practice here in Washington.”

About Bass, Berry & Sims

Coming from a affluent historical past in capital markets activity in the southeast, the firm’s more than 200 attorneys now represent more than 40 public companies and have developed a national healthcare practice from Nashville, the hub of for-profit healthcare. Bass, Berry & Sims has distinguished itself for service to healthcare clients at every level, including service to hospitals, health systems, pharmaceutical companies and outpatient service providers. The healthcare practice, which includes an interdisciplinary team of more than 100 attorneys, provides unsurpassed depth in government investigations and enforcement, compliance, regulatory and operational matters, mergers and acquisitions, and joint ventures and syndications.

Practical Secrets For New Criminal Law Firm Member – Some Insights

January 31st, 2012

Jones Walker is very pleased to declare that Michael W. Magner has signed up with the organization’s New Orleans firm of criminal law attorneys as special counsel. Mr. Magner practices in the firm’s Business & Commercial Litigation Practice Group. His practice centers on preventative and litigation services for businesses and individuals in corporate and white collar criminal law matters. He likewise represents individuals and firms associated with grand jury and several other investigations.

Mr. Magner’s particular expertise is in anti-corruption deference and Litigation matters on both a domestic and international level. He served as a federal prosecutor in New Orleans for 20 years where he was a key member of the team that successfully prosecuted former Louisiana Governor, Edwin Edwards, following a 5 month trial. He was also the lead prosecutor in the Department of Justice‘s long term investigation and prosecution of judicial and related public corruption in Jefferson Parish, Louisiana known as “Operation Wrinkled Robe.” In recognition of his work, Mike was awarded the Department of Justice‘s highest award for Litigation, the John Marshall Award, as well as the Director’s Award for Superior Performance by a Litigative Team.

Mr. Magner stated, “Joining Jones Walker and being able to work with the Jones Walker white collar team is an exciting opportunity. Their law firm has a number of former U.S. Attorneys and Assistant U.S. Attorneys, all of whom have a stellar reputation in representing clients in the defense of government investigations and prosecutions.”

Mr. Magner also has served as a director of the U.S. Attorney’s Office‘s Anti-Terrorism/Crisis Response Unit, Organized Crime Strike Force, and Violent Crime Unit, and has tried over 40 jury trials to verdict, in virtually all sections of the United States District Court for the Eastern and Middle Districts of Louisiana. He specialized in long term, complex white collar investigations and trials, including export control, mail and wire fraud, government contract fraud, bribery, money laundering, police misconduct, civil rights violations, and RICO. In 2011, he served as the Federal Bureau of Investigation’s Advisor to the Kenyan Anti-Corruption Commission (“KACC”) in Nairobi, Kenya, where he was embedded in the KACC’s principal headquarters for nearly two months, and provided training to KACC’s investigators, auditors, and attorneys on corruption compliance, investigative, and prosecution matters. He has also trained foreign judges and prosecutors in Central Asia and Africa and has regularly trained federal prosecutors through the Attorney General’s Advocacy Institute.

Preceding working together with the KACC, Mr. Magner was with the Department of Justice‘s first Counsel for Emergency Management and Crisis Response in the Office of Director, Executive Office for U.S. Attorneys in Washington, D.C. for 18 months, where he represented the DOJ at various White House level emergency exercises and planning meetings relating to the federal government’s response to major criminal events, natural disasters, and pandemics. While with DOJ, Mike was also selected as a trained evaluator of other U.S. Attorneys’ Offices throughout the country on various substantive legal areas as well as ethics and professionalism.

Mr. Magner acquired his juris doctor qualification via Tulane University School of Law, cum laude; and was Managing Editor of The Maritime Lawyer. His Bachelor of Arts in Political Science/International Relations was earned from The George Washington University.

Investigating Practical 9th Circuit Appeals Programs

January 28th, 2012

The law organization of Lee Tran & Liang has picked up yet another Ninth Circuit appeal; that is its fourth specific victory in the Ninth Circuit since 2009. On Jan twenty six, 2012, the Ninth Circuit confirmed a grant involving summary judgment which LTL received for its client, the accused in a copyright laws and trade dress legal action. Firm business partner Enoch H. Liang – together with lawyer Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The complaintant was represented by notable intellectual property specialist Christie Parker & Hale.

As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”

After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Fewer than a couple weeks following the oral argument, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”

This decision reaffirms the significance of a two-pronged tactic in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.

Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). Specifically what sets the business apart is actually its intent of aligning itself with its clients’ needs, by providing several imaginative payment plans in appropriate issues.

Convenient Programs For Alder Law Firm

January 26th, 2012

During the wake of the darkest court budget cuts in California‘s history, plaintiffs’ trial lawyer Michael Alder of AlderLaw, P.C. in Beverly Hills assumed the office of president of the Consumer Attorneys Association of Los Angeles (CAALA), the nation’s largest local association of plaintiffs’ attorneys, that’s consisting of approximately 3,000 lawyers.

“Consumer lawyers are vital, now more than ever, to protecting the civil rights of people who’ve been left without access to judicial relief, which is just about everyone except the super-rich,” said Alder. “Legal bills add up to astronomical sums very quickly, because litigation is such an intensive process. Without lawyers who work on a contingency fee basis, which means they risk their own money instead of the clients’ and agree not to be paid unless they win the case, even people with big incomes quickly find their resources drained when faced with the large legal bills that result from a contested matter. Consumer lawyers must be prepared to provide leadership, vision and most of all integrity.”

Alder is a steadfast supporter of plaintiffs’ practitioners, otherwise known as consumer lawyers, working to raise public awareness of their importance at a time of corporate fraud and abuse. He’s been a member of CAALA for 14 years and spearheaded a city-wide billboard campaign to fund billboards that highlight the good that consumer lawyers do for society. He also is one of five founding members of the Trial Lawyers Charities, a non-profit enterprise which gives capital and also legal expertise to individuals in need within Los Angeles.

Alder is presently accomplishing some of the very most cutting-edge litigation labor in the country. He has tried in excess of 70 lawsuits as part of his professional career and secured more than $140 million in decisions and pay outs for his valued clients this year alone. Lately, in December last year he received a nearly $33 million decision for Concept Chaser, Co., Inc. in the advertising fraud case Concept Chaser Co., Inc. v. Pentel of America Ltd.

CAALA officially installed Alder as its 2012 president on Jan. 21 at its 63rd Annual CAALA Installation & Awards Banquet at the Four Seasons Beverly Wilshire in Beverly Hills. The group also announced its new officers and Board of Governors. For more information, visit www.caala.org.

AlderLaw, P.C. is a Los Angeles criminal attorney and plaintiffs’ law firm that represents plaintiffs in personal injury, business tort and employment litigation nationwide. The firm was founded in 2000 by attorney Michael Alder, current president of the Consumer Attorneys Association of Los Angeles (CAALA) and past CAALA Trial Lawyer of the Year. Alder has tried more than 70 cases in his career, and works with a team of seven associate attorneys. AlderLaw, P.C. obtained more than $140 million in verdicts and settlements for its clients last year. For information, visit www.alderlaw.com.

Factors For Copyright Legal Issues – Some Thoughts

January 20th, 2012

{Yung Joc could well be exploring a court challenge after Master Mind Music Inc., an Atlanta-based pop music establishment, filed litigation against the artist along with his old label Block Enterprises. Within the The government should certainly put into action anti-piracy guidelines as part of the Digital Economy Act “as quickly as possible”, a completely independent group selected to analyze the foreseeable future of the United kingdom film industry reports. The Film Policy Review Panel was basically designated by the government and has now mentioned that copyright infringement is contributing to decreasing market income and that a “key element” to approaching the problem was in employing the options as part of the DEA.

Andrew Hurwitz, a title partner at the New York law firm Schreck Rose Dapello Adams & Hurwitz, has joined up with the rivalling entertainment law firm Frankfurt Kurnit Klein & Selz as a partner within the entertainment group. The free-lance film dealmaker is a 1988 graduate of Georgetown’s law school had recently been with Schreck Rose since two thousand and seven. Hurwitz’s Schreck Rose associate Alan Sacks also joined up with Frankfurt Kumit.

A legal firm reported that it’s commencing a class-action lawsuit that would comprise shareholders of Chemed Corporation. The complaint stems from information that appeared November 16 regarding a whistleblower lawsuit alleging that Chemed cheated Medicare. Chemed’s stock fell $6.87 per share, or 11 percent, to close at $50.65 per share that day. San Diego law firm, Robbins Geller Rudman & Dowd, said it submitted the lawsuit on behalf of an institutional speculator in U.S. District Court in Cincinnati.

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