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KING & YAKLIN, LLP
Law Firm Press |
2007/10/23 16:50
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King & Yaklin, LLP is a law firm specializing in resolving civil disputes both through litigation and alternative dispute resolution. Our attorneys' practices are concentrated in the following areas of law: business, employment, contract, torts, construction, real estate, environmental, probate, appeals, land use, and domestic relations. The Firm represents Plaintiffs and Defendants in these areas in all state and federal courts, as well as in arbitration hearings.
At King & Yaklin, L.L.P., our attorneys and staff are dedicated to resolving our clients’ issues in a timely, cost-efficient manner. For our clients considering litigation, our attorneys explain all options for resolving legal issues and all the costs and benefits of pursuing each option before advising that litigation be pursued.
When litigation is pursued or defended on behalf of our clients, they are assured of vigorous, creative and professional representation.
Attorneys
Russell D. King and Stephen A. Yaklin are pleased to announce the formation of King & Yaklin, LLP, a law firm specializing in civil litigation and arbitration.
Matthew Wilkins joins them as an associate attorney. Russ was formerly a Partner with Dupree, King & Kimbrough, LLP, in Marietta where he practiced for 14 years. He also served as an attorney in the U.S. Army Judge Advocate General’s Corps from 1991-1994. Steve was a Partner at Brock, Clay, Calhoun, Wilson & Rogers, in Marietta where he practiced for 17 years. Matt was previously employed there as an Associate. Russ and Steve graduated from the Cumberland School of Law at Samford University in 1990. Matt graduated first in his class from Regent University School of Law in 2005. The offices of King Yaklin are located at 840 Roswell Street, Marietta, GA 30060.
www.kingyaklin.com
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Justice Says Law Degree 'Worth 15 Cents'
Court Feed News |
2007/10/23 14:11
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U.S. Supreme Court Justice Clarence Thomas has a 15-cent price tag stuck to his Yale law degree, blaming the school's affirmative action policies in the 1970s for his difficulty finding a job after he graduated. Some of his black classmates say Thomas needs to get over his grudge because Yale opened the door to extraordinary opportunities. Thomas' new autobiography, "My Grandfather's Son," shows how the second black justice on the Supreme Court came to oppose affirmative action after his law school experience. He was one of about 10 blacks in a class of 160 who had arrived at Yale after the unrest of the 1960s, which culminated in a Black Panther Party trial in New Haven that nearly caused a large-scale riot. The conservative justice says he initially considered his admission to Yale a dream, but soon felt he was there because of his race. He says he loaded up on tough courses to prove he was not inferior to his white classmates but considers the effort futile. He says he was repeatedly turned down in job interviews at law firms after his 1974 graduation. "I learned the hard way that a law degree from Yale meant one thing for white graduates and another for blacks, no matter how much any one denied it," Thomas writes. "I'd graduated from one of America's top law schools, but racial preference had robbed my achievement of its true value." Thomas says he stores his Yale Law degree in his basement with a 15-cent sticker from a cigar package on the frame. His view isn't shared by black classmate William Coleman III. "I can only say my degree from Yale Law School has been a great boon," said Coleman, now an attorney in Philadelphia. "Had he not gone to a school like Yale, he would not be sitting on the Supreme Court." Coleman's Yale roommate, Bill Clinton, appointed him general counsel to the U.S. Army, one of several top jobs Coleman has held over the years. Thomas said he began interviewing with law firms at the beginning of his third year of law school. "Many asked pointed questions unsubtly suggesting that they doubted I was as smart as my grades indicated," he wrote. "Now I knew what a law degree from Yale was worth when it bore the taint of racial preference." He said it was months before he got an offer, from then-Missouri Attorney General John Danforth. Steven Duke, a white Yale law professor who taught when Thomas attended Yale, said Thomas is right to say that the significance of someone's degree could be called into question if the person was admitted to an institution on a preferential basis. However, he said that could be overcome by strong performance, noting that two Yale graduates — Danforth and President Bush — put Thomas into top jobs. "I find it difficult to believe he actually regrets the choice he made," Duke said. "It seems to me he did pretty well." Some classmates say Thomas — who was raised poor in Georgia and stood out on campus in his overalls and heavy black boots — faced a tougher transition than black students who came from middle-class or privileged backgrounds. Frank Washington, a black classmate and friend of Thomas who also came from a lower-income background, said he had 42 interviews before he landed a job at a Washington law firm. "It seemed like I had to go through many more interviews than a lot of my other non-minority classmates," said Washington, now an entrepreneur who owns radio and television stations. Other black classmates say their backgrounds didn't matter. Edgar Taplin Jr., raised by a single parent in New Orleans, said he landed a job after graduation at the oldest law firm in New York, and does not recall black graduates struggling more to get jobs than their white classmates. "My degree was worth a lot more than 15 cents," said Taplin, who retired in 2003 as a global manager with Exxon Mobil. Thomas has declined to have his portrait hung at Yale Law School along with other graduates who became U.S. Supreme Court justices. An earlier book, "Supreme Discomfort," by Washington Post reporters Kevin Merida and Michael Fletcher, portrays Thomas as still upset some Yale professors opposed his confirmation during hearings marked by Anita Hill's allegations that Thomas sexually harassed her. Yale Law School Dean Harold Koh turned down requests for interviews about the justice's book, but said in a statement that he and his predecessors have invited Thomas to have his portrait done and the offer still stands. Koh said they met for several hours about a year ago. "He made it clear that he had greatly enjoyed his time at Yale Law School, and that he had great affection for his fellow students and for several professors who are still here," he said. |
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Blackwater accused of tax evasion
Lawyer Blog News |
2007/10/23 13:01
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Blackwater USA, the security company that has come under intense scrutiny on Capitol Hill after a September 16 incident in which it allegedly opened fire on Iraqi civilians and killed 17, was accused on Monday by a senior Democratic lawmaker of evading tens of millions of dollars in federal taxes. Henry Waxman, chairman of the House oversight committee, who is leading congressional investigations into Blackwater, said that a newly discovered March 2007 ruling by the Internal Revenue Service, the tax authority, found that Blackwater's designation of one of its employees as an "independent contractor" was "without merit".Unlike two other security companies operating in Afghanistan and Iraq, Blackwater has said it designates its workers contractors, not employees, because it is a "model that works" and because its guards prefer the "flexibility" of the contractor relationship.
The arrangement has, according to Mr Waxman, wrongly allowed Blackwater to avoid paying social security and Medicare taxes, as well as federal income and unemployment tax - or $32m (£16m) in taxes from May 2006 to March 2007. The IRS ruling was issued after a single security guard approached the tax authority after a dispute over back pay and other compensation. Although the ruling, which is based on Blackwater exercising control over its worker, applied only to the individual, the IRS alerted Blackwater that it could apply to others. Blackwater, which has classified 604 security guards as contractors, agreed a settlement with the employee after the ruling. That included a confidentiality agreement that prohibited the employee from contacting "any politician" or "public official" about its details. "It is deplorable that a company that depends on federal tax dollars for 90 per cent of its business would even contemplate forbidding an employee to report corporate wrongdoing to Congress," Mr Waxman said in a letter to Erik Prince, Blackwater chairman and CEO. He further alleged that the confidentiality agreement was "particularly suspect" because it was signed by Blackwater general counsel Andrew Howell just as Mr Waxman's committee was stepping up its investigation into Blackwater's activities. Blackwater said that Mr Waxman's assertions were "incorrect" and took issue with his use of the IRS decision, against which the company has appealed. The company said the IRS had not made a final determination on the employee and the Small Business Administration had decided Blackwater security contractors were not employees. |
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Dallas businessman pleads guilty to tax charge
Lawyer News |
2007/10/23 11:58
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Bruce Alexander Brown, the former owner of an employee leasing business, Excell Personnel, Inc., has pled guilty in federal court to one count of willful failure to account for and pay over nearly $300,000 in payroll taxes owed, announced U.S. Attorney Richard B. Roper, of the Northern District of Texas. Brown, who according to an 11-count indictment returned in April that charged him with various tax offenses, is a Dallas resident. As part of the plea agreement with the government, Brown acknowledged that he has outstanding obligations owed to the Internal Revenue Service (IRS) for taxes owed by his company, Excell Personnel, Inc., as well as for his personal income taxes. He faces a maximum statutory sentence of five years in prison, a $250,000 fine and restitution. Sentencing is set for January 16, 2008, before U.S. District Judge Ed Kinkeade. According to documents filed in Court, from 1996 through at least 2003, Brown was the owner and sole stockholder of Excell Personnel, Inc., which “leased” employees to companies that did not want to directly hire their own workers. Excell would locate, hire and train employees, and then provide them to the businesses that were Excell’s customers. The customers did not directly pay the employees that Excell provided, but rather paid a fee to Excell that included the gross wages that would be owed to the employees for their labor, plus an administrative fee from which Excell received its profit and out of which Excell was obligated to pay indirect costs of the employees and Excell’s overhead expenses. Excell, in turn, paid the employees their wages, making deductions for the required withholding of income taxes, Federal Insurance Contribution Act (FICA) taxes and Medicare taxes that were required to be paid to the United States. Brown admitted that he was aware of the legal obligations and that he knowingly and deliberately chose not to pay over to the IRS the required withholding taxes, social security taxes and Medicare taxes. During the fourth quarter of 2002, Brown, on behalf of Excell, wilfully failed to pay over to the IRS approximately $297,384.41 in federal income taxes withheld as well as all FICA and Medicare taxes due and owed to the U.S. U.S. Attorney Roper praised the investigative efforts of the Internal Revenue Service - Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Phillip C. Umphres. |
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Panel: US Must Control Security Firms
Headline News |
2007/10/23 10:59
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A panel recommended to the State Department that the U.S. government impose unified control over private security guards working for the U.S. in Iraq, an idea already floated by Defense Secretary Robert Gates, The Associated Press has learned. The review panel found poor communication between diplomats and military officials and too little oversight of contractors like Blackwater USA, two people familiar with the report's findings told the AP on Monday. The State Department risks another incident like the Sept. 16 Blackwater shooting of 17 Iraqi civilians unless it quickly installs closer management of the private army guarding diplomats in Iraq, the independent panel privately told Secretary of State Condoleezza Rice. Rice said she wants to discuss the findings with Gates face to face and intends to act quickly. "The recommendations point a very good way forward," Rice told reporters Monday night. She provided no details but said she and Gates would "discuss how we will carry out better coordination, how we will make certain that the United States government moves this forward with one voice." The group strongly recommended that Rice coordinate her next move with the Pentagon, and she plans to speak with Gates by phone before he returns from an overseas trip late this week, a State Department official said. A face-to-face meeting would follow. The panel, named by Rice in the wake of the Sept. 16 killings, made no specific recommendations about what should happen to Blackwater, whose guards were escorting an official from the U.S. Embassy when they fired on civilians in a Baghdad square, those familiar with the report said. The killings have outraged Iraqis and focused attention on the shadowy rules surrounding heavily armed private guards. "There needs to be unity of effort so that whatever's moving in the battle space is coordinated, and it needs to be understood, especially, by the military out in that battle space," one person said. Those familiar with the recommendations in the report spoke on condition of anonymity because Rice has not yet decided what changes she will make. The recommendations would apply to management of all private security contractors in Iraq, and recognize that it is impractical to eliminate such protection altogether. The military has resisted assuming responsibility for guarding large numbers of U.S. officials, and the State Department's own security force is too small and already stretched too thin. The group's closely held report also identified a gap that left private guards for diplomats in Iraq outside the direct control of U.S. civilian or military law, and outside Iraqi law, a U.S. official said. It was not clear whether the report recommends placing private contractors squarely under U.S. civilian law, but Congress has already acted to place such guards under military law when working for the Pentagon. The Iraqi government is demanding that Blackwater be expelled from the country within six months and that its employees be subject to Iraqi law. One person familiar with the report said the group did not focus on the specific events of Sept. 16, looking instead at the rules of engagement, responsibilities and oversight for all security contractors. |
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State, IRS form alliance on insurance taxes
Legal Career News |
2007/10/23 09:02
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Rhode Island plans to use information from the Internal Revenue Service to track down employers who are failing to properly pay state unemployment insurance taxes. The Rhode Island Department of Labor and Training has signed an agreement with the IRS to share information that will allow the state agency to identify businesses that should be paying into the state’s unemployment insurance trust fund but are not, said Raymond A. Filippone, who heads the state’s unemployment insurance program. “It is very important for us. I think it’s a step in the right direction,” Filippone said in a telephone interview yesterday from Nashua, N.H., where he is attending a conference for state unemployment insurance directors. Based on a statement issued by the state agency yesterday, and on comments by Filippone, the new agreement’s focus would include the following situations in which state unemployment insurance taxes are not being properly paid: •A business may be registered with the federal government, but not with the state government. •A company may be registered at the federal level as a business with employees, but at the state level as a sole proprietorship without employees. •An employer may misclassify employees as independent contractors. The agreement will help the state agency identify such employers and notify them about the requirement to pay the tax, Filippone said. Under the current system, businesses that fail to properly report their situations and pay the required unemployment insurance taxes are not caught until after employees file for unemployment insurance benefits. With the IRS agreement, “Now we can catch them before an employee contacts us with a claim,” Filippone said in a statement. Adelita Orefice, director of the state Department of Labor and Training, said in a statement that, “Prevention, detection and elimination of abuse in the unemployment insurance program are top priorities for our department. We want to ensure that employers are paying only their fair share of employment taxes and are not subsidizing any dishonest employers.” The state does not have an estimate of how much in additional unemployment tax revenue it might collect as a result of the agreement, Filippone said in the phone interview. Nevertheless, he said it is bound to result in some additional collections. This, in turn, could benefit existing employers who currently pay unemployment taxes — they might wind up paying less in tax, or pay less of an increase that would otherwise be due, he said. If a business has employees, “It has to pay . . . unemployment insurance tax,” said Patricia A. Thompson, former president of the Rhode Island Society of Certified Public Accountants. The unemployment insurance program is run through a federal-state partnership and is designed to partially replace lost earnings of individuals who become unemployed through no fault of their own. It is also intended to stabilize the economy during downturns. The program has been a key component in ensuring the financial security of America’s work force for more than 70 years, according to a report issued last month by the U.S. Government Accountability Office (GAO), the investigative arm of Congress. For the year ended Sept. 30, 2006, the unemployment insurance program covered about 130 million workers and paid about $30 billion in benefits to about 7 million workers nationwide who lost their jobs, the GAO report said. The program is paid for through state and federal employment taxes. In general, the taxes that employers pay are deposited into an unemployment insurance trust fund. From that fund, the state pays benefits to workers who lose their jobs and qualify for benefits. The fund has a balance of about $192 million, Filippone said. Broadly speaking, the tax that an employer pays is based, in part, on how many people have collected unemployment benefits in the past based on that employer’s account, said Thompson, tax partner with Piccerelli Gilstein & Co. LLP, a CPA firm in Providence. Rhode Island is one of 29 states that will sign a memorandum of understanding with the IRS on Nov. 6. Besides Rhode Island, other New England states in the agreement include Massachusetts and Maine, Filippone said. A spokesman for the IRS was not immediately available to comment about the agreement. Thompson said that the IRS could benefit from the information-sharing agreement in a number of ways. For example, if an employer misclassifies a worker as an independent contractor, the employer does not pay federal payroll taxes that would otherwise be due, such as unemployment tax, Social Security tax and Medicare tax. If the agreement uncovers such situations, the IRS could seek payment from the employers. |
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