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Sentences for Crack Cocaine Crimes to Track Powder Cocaine Penalties, Under New Law

Wednesday, July 28th, 2010
Source: ABA Journal Top Stories A legal system that has been decried as unfair for harshly punishing largely black defendants for crimes involving relatively small amounts of crack cocaine while other defendants routinely escape similar punishment for crimes involving larger amounts of powder cocaine is on the verge of amendment. With the passage of the Fair Sentencing Act by Congress today, the measure now goes to President Barack Obama for an expected signature. It will then operate to increase the amount of crack cocaine required for punishment equivalent to what is meted out to those who violate drug laws concerning powder cocaine, reports the New… Read the rest of the...

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In Arizona Immigration Case: So What Happens Next?

Wednesday, July 28th, 2010
Source: WSJ.com: Law Blog - WSJ.com This much we now know: Many provisions of Arizona's immigration law, SB 1070, have been put on hold pending further review, the result of this opinion by Arizona federal judge Susan K. Bolton. But what happens now?


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Tums, Anyone? What About a Massage? Law Schools Vie to Offer Best Perks at Ohio Bar Exam

Wednesday, July 28th, 2010
Source: ABA Journal Top Stories Back in the day, tailgate parties were synonymous with college football games. But some law schools now host similar events for freshly minted legal eagles facing a grueling bar exam followed by a worrisome future in a difficult legal economy. In Ohio, eight of the state's nine law schools and the University of Northern Kentucky all offered free food and extra perks to alumni taking the bar exam at Veterans Memorial's North Hall in Columbus, the Columbus Dispatch reports. The tradition was started by Capital University Law School and Cleveland-Marshall College of Law in 2005 and quickly caught on. While… Read the rest of the...

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Congress Votes to Narrow Gap in Cocaine Sentencing Rules

Wednesday, July 28th, 2010
Source: WSJ.com: Law Blog - WSJ.com Congress approved a landmark change Wednesday to the mandatory sentences for cocaine possession that detractors have long alleged had racist effects.


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Judge Blocks Controversial Parts of Arizona Immigration Law

Wednesday, July 28th, 2010
Source: WSJ.com: Law Blog - WSJ.com A federal judge in Phoenix put on hold the most controversial provisions of the state immigration law slated to take effect Thursday.


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Partner at the Boston Tax Law Firm – Attorney David Michael Klemm

Wednesday, July 28th, 2010
Source: 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...

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The Next Wave of PPACA Guidance Hits Shore – Interim Final Rules Cover Lifetime/Annual Limits, Rescissions, and Patient Protections.

Wednesday, July 28th, 2010
Source: Federal Employment Law Articles New interim final rules from the Departments of Treasury, Labor, and Health and Human Services will help employers navigate a series of changes under the Patient Protection and Affordable Care Act (PPACA or the Act) that include standards on lifetime and annual benefit limits, retroactive rescissions of plan coverage, and emergency room services. President Barack Obama dubbed this set of rules the “Patient’s Bill of Rights.”


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General Electric Settles Iraq Bribery Case With SEC

Wednesday, July 28th, 2010
Source: 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...

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Court May Block Executive’s Start Date at Competitor due to Muffin Trade Secrets

Wednesday, July 28th, 2010
Source: 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...

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9/11 Trauma Influenced Lawyer’s Misconduct, Court Finds

Wednesday, July 28th, 2010
Source: 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...

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Giving Gifts In China. Giver Beware.

Wednesday, July 28th, 2010
Source: 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,...

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No Place to Call Home

Wednesday, July 28th, 2010
Source: Marquette University Law School Faculty Blog

The 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...

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NYC Settles Sean Bell Case for $3.25M, 2 Other Victims Get $3M and $900K

Wednesday, July 28th, 2010
Source: ABA Journal Top Stories The city of New York has paid $7.15 million to three victims to settle a civil rights case concerning an unarmed African-American man who was shot to death by police in a hail of bullets outside a Queens night club in November 2006 as he celebrated in anticipation of his wedding that day. The estate of Sean Bell will receive $3.25 million, the city has announced in a press release, and two other surviving victims, Joseph Guzman and Trent Benefield, will receive $3 million and $900,000, respectively. The $3.25 million will go to Paultre Bell, who was Sean Bell's fiance… Read the rest of the...

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