Archive for ""
Sentences for Crack Cocaine Crimes to Track Powder Cocaine Penalties, Under New Law
Wednesday, July 28th, 2010In Arizona Immigration Case: So What Happens Next?
Wednesday, July 28th, 2010Tums, Anyone? What About a Massage? Law Schools Vie to Offer Best Perks at Ohio Bar Exam
Wednesday, July 28th, 2010Congress Votes to Narrow Gap in Cocaine Sentencing Rules
Wednesday, July 28th, 2010Judge Blocks Controversial Parts of Arizona Immigration Law
Wednesday, July 28th, 2010Partner at the Boston Tax Law Firm – Attorney David Michael Klemm
Wednesday, July 28th, 2010Source: Profiles In Law Partner at the Boston tax law firm, DeFranceschi & Klemm, P.C. Born: Boston, Massachusetts, July 15, 1964 Areas of Practice: Tax Debt Tax Relief Tax Audit Help & Protection IRS Defense Federal Tax Controversies State Tax Controversies Tax Planning Tax Litigation Criminal Taxation Admitted: 1994, Massachusetts 1995, New Hampshire, U.S. District Court, District of Massachusetts, [...] Read the rest of the...
The Next Wave of PPACA Guidance Hits Shore – Interim Final Rules Cover Lifetime/Annual Limits, Rescissions, and Patient Protections.
Wednesday, July 28th, 2010General Electric Settles Iraq Bribery Case With SEC
Wednesday, July 28th, 2010Source: Law.com - Newswire The Securities and Exchange Commission on Tuesday reached a $23.4 million settlement with General Electric over charges the company violated the Foreign Corrupt Practices Act. GE, along with two subsidiaries and two other companies that have since been acquired by GE, allegedly made illegal kickbacks totaling $3.6 million in the form of cash, computer equipment, medical supplies and services to the Iraqi Health Ministry or the Iraqi Oil Ministry in order to obtain contracts under the U.N. Oil for Food Program. Read the rest of the...
Court May Block Executive’s Start Date at Competitor due to Muffin Trade Secrets
Wednesday, July 28th, 2010Source: Law.com - Newswire When a top-level executive suddenly quits to take a job at a competing firm, the courts may block the start of the new employment if the evidence shows that such an injunction is needed to prevent a likely misappropriation of trade secrets, the 3rd Circuit has ruled. The ruling came in Bimbo Bakeries USA Inc. v. Botticella, in which the court considered whether the manufacturer of Thomas' brand English muffins was entitled to an injunction barring a top-level executive from taking a new job with Hostess. Read the rest of the...
9/11 Trauma Influenced Lawyer’s Misconduct, Court Finds
Wednesday, July 28th, 2010Source: Law.com - Newswire A New York appellate court has overturned a finding that a personal injury lawyer had misappropriated client funds with dishonest or fraudulent intent, citing post-9/11 trauma the attorney blamed for his conduct. The panel approved a one-year suspension for Frederick W. Salo, but dismissed a charge that he had engaged in dishonest or fraudulent conduct, crediting psychologists' opinions that he inadvertently tapped the funds as a result of post-traumatic stress disorder he suffered following the terror attacks. Read the rest of the...
Giving Gifts In China. Giver Beware.
Wednesday, July 28th, 2010Source: China Law Blog
The China Law Insight blog did an excellent post a few months back on the legal perils of gift giving in China. The post is entitled, "Offering Gifts of Travel and Entertainment in China - What if the Recipient is a State Functionary," and it nicely sets out the risks of giving business gifts.
The post starts out by noting how in the last decade, almost two thirds of the corruption cases that have resulted in penalties investigated by Chinese authorities have arisen from international trade or involved foreign business entities. Since I do not for a minute believe foreign entities engage in these sorts of illegal activities any more than Chinese entities and since the number of Chinese entities dwarfs the number of foreign entities, I view this as just another example of how foreign companies in China have to toe the legal line more closely than their Chinese counterparts.
It is illegal in China to give "money or property" to a state functionary to obtain an "undue advantage." The risk stems from China's defining state functionaries far more broadly than we do in the West. State functionaries "includes persons who hold office in state organs,...
No Place to Call Home
Wednesday, July 28th, 2010The editorial section of last Sunday’s Milwaukee Journal-Sentinel included two articles under the heading “Foster Care’s Failure to Launch.” Both pieces address the situation of teenagers in foster care and the difficulties they face when they “age out” of the system: in other words, they are forced to leave foster care at age 18, even though they are still young, vulnerable, and lacking functioning families.
One article, written by Kathy Markeland, describes current efforts in Wisconsin to try to address the problems of young people who “age out” of foster care without ever returning to their families or being legally adopted into a new family. Wisconsin has made “modest steps” to help kids – and they are in many ways still kids – who must leave foster care, including funding individual post-foster-care planning, extended health care and some college scholarships. Markeland argues persuasively that Wisconsin should follow Illinois’s lead, and give foster kids the option of remaining in foster care until age 21. She cites statistics showing that 50% more young adults are living with their parents now than in the 1970s, and argues that failing to provide a similar option for foster...





