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Spring Nextel Agrees to Unlock Phones
Court Feed News | 2007/10/27 18:51
Wireless subscribers of Sprint Nextel Corp. may no longer have to buy a new phone if they jump to a new carrier.

As part of a proposed class-action settlement, the Reston, Va.-based provider, with operational headquarters in Overland Park, Kan., has agreed to provide departing Sprint PCS customers with the code necessary to unlock their phones' software.

That would allow the phones to operate on any network using code division multiple access technology, or CDMA. Competitors using that technology include Verizon Wireless and Alltel Corp., although the Sprint handset would still have to meet those networks' technical standards to work.

The codes won't work for Sprint's Nextel-branded phones, which use iDEN technology, and don't allow switching to AT&T or T-Mobile, which use global system for mobile communication, or GSM, technology.

Sprint made the offer as part of the proposed settlement of a California class-action lawsuit, filed last year, accusing the company of anticompetitive practices.

The plaintiffs claimed the software "lock" forced customers wanting to switch carriers to have to buy a new phone, throwing up a barrier to competition. A similar lawsuit was filed in Palm Beach County, Fla., and is covered by the proposed settlement.

On Oct. 2, an Alameda County Superior Court judge gave the settlement his preliminary approval. A final approval hearing hasn't yet been scheduled, said Sprint Nextel spokesman Matt Sullivan.

"We believe this settlement is fair and reasonable," Sullivan said, adding that the company denies wrongdoing and settled the suit "so we can continue to focus on our business."

Sprint doesn't expect to pay any financial damages as part of the settlement, other than possible legal fees, Sullivan said.

Sprint said it will share the unlocking code with all current and former subscribers once their phones are deactivated and their bills are paid. The company also will add information about the locking software and how to obtain the unlocking codes in the list of terms and conditions of service given to new customers, and instruct its customer service representatives on how to connect a non-Sprint phone to the Sprint network.

The settlement covers customers who bought a Sprint phone between Aug. 28, 1999, and July 16, 2007.



US court lets Liz Taylor keep van Gogh painting
Lawyer Blog News | 2007/10/27 18:49
The U.S. Supreme Court allowed actress Elizabeth Taylor to keep a Vincent van Gogh painting on Monday, rejecting an appeal by descendants of a Jewish woman who said she was forced to sell it before fleeing Nazi Germany in 1939.

The justices refused to review a U.S. appeals court ruling that dismissed the lawsuit because the descendants waited too long to bring their claims demanding that Taylor return van Gogh's "View of the Asylum and Chapel at Saint-Remy."

Van Gogh painted the work in 1889. Less than a year later, he killed himself. Taylor's father purchased the painting on her behalf at a Sotheby's auction in 1963 in London for 92,000 British pounds -- about $257,000 at the time. The painting now is estimated to be worth tens of millions of dollars.

Four South African and Canadian descendants of Margarete Mauthner, a Jewish woman who fled Germany in 1939 for South Africa, sued Taylor in 2004 in federal court in California.

The lawsuit claimed the Nazis forced Mauthner to sell the painting under duress before fleeing Germany and that it should be returned to her descendants under the 1998 U.S. Holocaust Victims Redress Act.

Taylor said the record showed the painting was sold through two Jewish art dealers to a Jewish art collector, and that there was no evidence of any Nazi coercion or participation in the transactions.

A U.S. appeals court upheld the dismissal of the lawsuit.

It ruled the descendants had waited to long to bring the lawsuit and the claims under state law were barred by the statute of limitations.

It also ruled that the 1998 federal law refers to the United States and other governments working to return artworks confiscated during the Nazi rule to their rightful owners, but does not give individuals the right to sue private art owners.

Attorneys for the descendants appealed to the Supreme Court. "The issue is of pressing importance, given the advanced age of Holocaust survivors and their heirs," they said.

"There is a strong recent trend toward permitting claimants of Holocaust-era artwork to seek to recover them, regardless of the statute of limitations," the attorneys said in asking the Supreme Court to hear the case.

Taylor's attorneys opposed the appeal and said the appeals court's judgment was correct. They said the policy arguments by the descendants over the 1998 law should be directed to the U.S. Congress, not the Supreme Court.

In siding with Taylor, the high court turned down the appeal without any comment or recorded dissent.



Nominee: 'You Need Me in Traffic Court'
Lawyer Blog News | 2007/10/27 18:49
A pastor running for judge told potential donors they should give him $20 because "you're all going to need me in Traffic Court." Willie Singletary, who made headlines earlier this year for having his license suspended and owing more than $11,000 in unpaid traffic tickets, made the comment to a crowd of fellow motorcycle enthusiasts in April.

A video of it was posted on the video-sharing Web site YouTube.

"I'm telling you all just like it is. I need some money," the Democratic nominee tells the crowd. "I got some stuff that I got to do, but if you all can give me $20. You're all going to need me in Traffic Court, am I right about that?"

Singletary, 26, is a pastor from Southwest Philadelphia. He said he was only assuring his supporters that he would "give them a fair trial in the courtroom."

Singletary's attorney, Richard W. Hoy, said: "He hasn't done anything wrong. Everyone needs a friend in Traffic Court. You need a friend in Traffic Court. He was just promising people they would get a fair trial."

The Traffic Court oversees moving violations issued in Philadelphia and its judges earn nearly $80,000 per year. The judges need not be lawyers, but each must complete a course and pass an exam.

Singletary is seeking the job at a time when he is not allowed to drive.

His license is suspended through at least 2011 and, at the time he won the Democratic primary, he owed the court $11,427.50 for not paying 55 violations including reckless driving, driving without a license, careless driving without registration, and driving without insurance.

Singletary's father paid the fines soon after the May primary, canceling a bench warrant that had been issued for his son.

Singletary's campaign reports show that he had raised $5,239 for the primary election.



SEC sees "rampant" insider trading on Wall Street
Lawyer Blog News | 2007/10/26 16:10

A senior Securities and Exchange Commission official said on Thursday insider trading appeared to be "rampant" among Wall Street professionals and the agency has formed a working group to focus on it. "I believe we're going to see more insider trading cases," Linda Chatman Thomsen, the SEC's enforcement director, told reporters on the sidelines of a securities fraud conference. "I am disappointed in the number of cases we are seeing by people who make an abundant livelihood in the market that they are sort of abusing by insider trading," Thomsen said, referring to cases already brought against professionals this year.

Insider trading "appears to be rampant" among Wall Street securities professionals, she added.

Alice Fisher, assistant attorney general with the Justice Department's criminal division, echoed Thomsen's sentiment and said: "The number of insider trading cases don't seem to be going away."

In the past year, SEC enforcement lawyers have brought increasing numbers of insider trading lawsuits and settlements. Recent high-profile cases include charges against a husband and wife in Hong Kong for trades in Dow Jones & Co Inc shares ahead of News Corp's $5 billion takeover bid, and guilty pleas from three former Countrywide Financial Corp executives for trading company shares ahead of a disappointing profit report.

Also, in March U.S. prosecutors charged 13 people, including employees at top Wall Street banks UBS, Morgan Stanley  and Bear Stearns Cos Inc in what they called one of the most pervasive trading rings since the 1980s. The SEC also brought civil charges against 11 people, as well as against three hedge funds.

Insider trading involving hedge funds is the focus of one of the four internal working groups the SEC has set up to tap expertise and coordinate efforts throughout the agency. The $1.8 trillion hedge fund industry guards its secrecy and complex trading strategies.



Ex-City Worker Plea in 9/11 Funds Theft
Lawyer Blog News | 2007/10/26 16:05
A former employee at the city medical examiner's office pleaded guilty to helping embezzle millions of dollars, some of which was intended to help identify victims of the Sept. 11 terrorist attack, authorities said Wednesday. Rosa Abreu pleaded guilty Tuesday in federal court in Manhattan to charges of embezzlement, money laundering and conspiracy. She faces a maximum 75 years in prison when she is sentenced on Jan. 23, federal prosecutors said.

Abreu was the director of records at the medical examiner's office. Her co-defendant and former boss, Natarajan Venkataran, was scheduled to go to trial on Nov. 26. Abreu was Venkataran's assistant.

Abreu was responsible for supporting computer systems used to track and identify forensic evidence, including DNA, from crime scenes, prosecutors said. After the Sept. 11 attack, the office needed more computer services to identify victims through evidence collected at ground zero.

The two, charged in 2005, steered more than $13 million in computer service contracts and purchase orders between 1999 and 2004 in exchange for cash payments to companies that did little or no work, according to U.S. Attorney Michael Garcia.

The two also directed millions of dollars to three shell companies they created, withdrew cash and made payments to personal accounts and transferred money overseas, prosecutors said.

Many of the office's Sept. 11-related expenses were reimbursed by the Federal Emergency Management Agency, which forwarded more than $46 million to the office in 2002 and 2003, federal authorities said.



Court: Free Teen Jailed for Consensual Sex
Court Feed News | 2007/10/26 15:47

Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager. The court ruled 4-3 that Genarlow Wilson's 10-year sentence was cruel and unusual punishment. Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.

Wilson was acquitted of raping another 17-year-old girl at the party.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.

Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."

Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."

The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."

Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.

They said Wilson's sentence could not be cruel and unusual because the state Legislature decided that Wilson could not benefit from subsequent laws reducing the severity of the crime from a felony to a misdemeanor.

They called the decision an "unprecedented disregard for the General Assembly's constitutional authority."

A spokeswoman for Wilson's lawyer said his legal team received no advance notice of the decision.



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