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Court: No 1st Amendment right to stream live games
Legal Career News | 2011/08/25 15:53

The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide.

The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them.

The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments.

After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association.

The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live.



Lawyers wrap up Int'l Court's first trial
Legal World News | 2011/08/25 12:52

Prosecutors began wrapping up the International Criminal Court's landmark first trial on Thursday by urging judges to convict a Congolese warlord of recruiting hundreds of child soldiers and sending them to fight and kill in his country's brutal conflict.

Deputy Prosecutor Fatou Bensouda told judges that evidence in the trial that began in January 2009 gave voice to children that militia leader Thomas Lubanga had "transformed into killers; those girls that Mr. Lubanga offered to his commanders as sexual slaves."

Bensouda said the armed wing of Lubanga's Union of Congolese Patriots political party trained hundreds of children in 20 camps scattered across the Ituri region of eastern Congo in 2002-2003.

"They were used to fight in conflicts. They were used to kill, rape and pillage," she added.

Actress Angelina Jolie, who is a goodwill ambassador for the U.N. High Commissioner for Refugees, was among dozens of people who watched proceedings from the court's public gallery. She made no comment to reporters.



Law Offices of Howard G. Smith Announces Class Action
Class Action News | 2011/08/25 09:50
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of purchasers of the common stock of Penson Worldwide, Inc. (“Penson Worldwide” or the “Company”)  between February 10, 2011 and August 4, 2011, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934. The class action lawsuit was filed in the United States District Court for the Northern District of Texas.

Penson Worldwide, through its subsidiaries, provides securities and futures processing infrastructure products and services to the financial services industry. The Complaint alleges that during the Class Period, Penson concealed from investors that by at least the end of 2010: (1) the Company had approximately $96-97 million in receivables, of which approximately $43 million were collateralized by illiquid securities and therefore unlikely to be collected; (2) the Company’s assets (Nonaccrual Receivables) were materially overstated and should have been written down at least by the end of 2010; (3) as a result, the Company’s reported income and EBITDA (earnings before interest, taxes, depreciation and amortization and stock-based compensation, and excluding certain nonoperating expenses) were materially overstated; and (4), the Company’s financial statements were not prepared in accordance with Generally Accepted Accounting Principles.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Penson Worldwide securities between February 10, 2011 and August 4, 2011, you have certain rights, and have until October 24, 2011, to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, Toll Free at (888) 638-4847, or by email to howardsmith@howardsmithlaw.com, or visit our website at http://www.howardsmithlaw.com.


Strauss-Kahn free after NY court ends sex case
Lawyer Blog News | 2011/08/24 15:39

Dominique Strauss-Kahn, his wife by his side, walked to a Manhattan courtroom through shouting protesters carrying signs that read: "Put the rapist on trial — not the victim."

Just hours later, the French diplomat was a free man — his attempted rape case formally dismissed.

The former International Monetary Fund leader can leave the United States after he's handed back his passport — which could happen as soon as Wednesday — but he will return to France to face an uncertain future that includes another investigation into an alleged sexual assault.

"I can't wait to get back to my country, but there are some things I have to do first," he said in French outside the posh Tribeca town home where he was kept under house arrest.

The New York case was dismissed Tuesday after prosecutors said they no longer trusted the hotel maid who accused him of attacking her in his luxury suite on May 14. Though evidence showed Strauss-Kahn had a sexual encounter with Nafissatou Diallo, prosecutors said the accuser was not credible because of lies she has told, including an earlier false rape claim.

But an investigation continues in France into claims by novelist Tristane Banon, who said Strauss-Kahn tried to rape her in 2002. She recently filed a new criminal complaint. Strauss-Kahn's lawyers have called her account "imaginary."

And in New York, Strauss-Kahn still faces a lawsuit Diallo filed against him. Her attorneys said they would aggressively litigate the civil case — but it could take two years before it gets to trial.



NJ court orders changes to witness ID evidence
Court Feed News | 2011/08/24 15:39

New Jersey's highest court has ordered changes to the way eyewitness identifications are used in court, saying the current system is not reliable enough.

The state Supreme Court found that the current process doesn't deter police misconduct and overstates the jury's ability to evaluate identification evidence.

Currently, a defendant has the burden of proving there was undue suggestion during the identification process. That will stay the same.

But the court on Wednesday ordered a pretrial hearing when a defendant can show some evidence of suggestiveness by police. The court also says juries should hear a better explanation of the potential flaws with eyewitness identifications. The new rules will apply to future cases.



Mo. woman pleads guilty in exported vehicle scheme
Court Feed News | 2011/08/24 11:39
A Missouri woman who prosecutors say played a central role in a scheme to buy more than 300 vehicles with phony titles and improperly export them has pleaded guilty to federal wire fraud.

Patrice Robertson pleaded guilty Tuesday as part of a plea agreement. She ran the vehicle brokerage in Chillicothe, Mo., that improperly bought the vehicles for export.

Earlier this month, a former Omaha car salesman and the owner of a Kansas trucking company were both charged with 11 counts of wire fraud and one conspiracy charge.

Authorities say the three purchased roughly 342 vehicles fraudulently from at least six different dealerships in Nebraska, Kansas, Missouri and Ohio.

The Nebraska State Patrol launched the investigation in 2006 after several Hummers ostensibly to local buyers weren't registered in the state.


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