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American Home Could Face Class Action
Class Action News |
2007/12/18 12:37
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Former American Home Mortgage Investment Corp. loan officers want a bankruptcy judge to let them alert thousands of other ex-employees that they may be entitled to collect from the failed company for allegedly overworking and underpaying them. Court papers filed late Friday ask the U.S. Bankruptcy Court in Wilmington, Del., to lift the shield that protects companies in Chapter 11 from lawsuits so American Home workers can be informed of their right to participate in a potential class-action lawsuit. Those who left their jobs before American Home went under in August "may remain unaware that their employer engaged in illegal pay practices," say lawyers who filed the class action in California before American Home sought Chapter 11 protection. Due to the bankruptcy filing, lawyers for American Home's suing loan officers need court approval to send out notices about the lawsuit, which was filed with the U.S. District Court for the Northern District of California. They also need bankruptcy court approval to seek certification of class-action status for the case. Officials of the liquidating Melville, N.Y.-based company weren't available to comment Monday. Time could be running out for those entitled to join in the lawsuit, as a Jan. 11, 2008, claims-filing deadline looms in American Home's Chapter 11 case, according to the employee lawyers. Plans are to file a proof of claim in the bankruptcy case on behalf of employees involved in the class action, which began in June. But if employees don't know about the class action and don't sign up, they won't be included in the bankruptcy claim. The California class action alleges violations of federal labor law and state wage and hour laws for California, New York, Illinois, Wisconsin, Colorado, New Jersey and Washington. Long hours without overtime were an occupational hazard for loan officers in the heyday of home lending, if the lawsuits filed against mortgage companies are any indication. New Century Financial Corp. of Irvine, Calif., and Atlanta's HomeBanc Mortgage Co., both of which filed bankruptcy this year, also have been accused in court of violating overtime pay laws. "What they do is hire a bunch of people and tell them you must work 60, 70, 80 hours a week and they think because these people are paid on commission basis that they are exempt from the Fair Labor Standards Act," said Marshall A. Adams, whose Ft. Lauderdale, Fla.-based firm Adams, Cassidy and Piccolo is handling the HomeBanc litigation. |
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Hughes & Luce merges with international law firm
Headline News |
2007/12/18 11:40
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Texas law firm Hughes & Luce LLP will merge with international law firm Kirkpatrick & Lockhart Preston Gates Ellis LLP. Partners at both firms today voted to merge the two firms, creating a law firm of more than 1,500 lawyers in 23 offices located throughout the U.S., Europe and Asia. Dallas-based Hughes and Luce has 150 lawyers across its offices in Austin, Dallas and Fort Worth. The merger will be effective Jan. 1, 2008. "Partners of both firms believe that K&L Gates will serve Texas businesses as a legal bridge to the globalized economy of the 21st century, just as it has in other parts of the United States, Europe and Asia," says Peter Kalis, K&L Gates' chairman and global managing partner and Edward Coultas, Hughes & Luce's managing partner. The combined full-service firm will be called Kirkpatrick & Lockhart Preston Gates Ellis LLP and will have offices in Anchorage, Austin, Beijing, Berlin, Boston, Dallas, Fort Worth, Harrisburg, Hong Kong, London, Los Angeles, Miami, Newark, New York, Orange County, Palo Alto, Pittsburgh, Portland, San Francisco, Seattle, Spokane/Coeur d'Alene, Taipei and Washington, D.C. |
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IRS warns of abusive tax scheme
Lawyer News |
2007/12/18 10:39
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The IRS is warning taxpayers about the emergence of a tax scheme related to the Telephone Excise Tax Refund that individuals were allowed to request on their 2006 tax returns.
IRS Spokeswoman Dee Harris said some unscrupulous tax-return preparers are advising their clients to file tax returns requesting much more in Telephone Excise Refunds than they're entitled to.
The problem with erroneous filings has been on the increase as other well-meaning individuals have perpetuated the problem by passing on this bad advice to friends and neighbors. Some of the erroneous refund requests appear to be for the entire amount of the phone bill, rather than just the 3 percent tax charged on long-distance services.
The IRS is urging taxpayers to follow procedures described on the IRS Web site at IRS.gov to make accurate requests for the one-time telephone excise tax refund. The service is taking steps to prevent abuse by tax preparers.
The IRS has monitored telephone excise tax refund requests for potential problems since taxpayers began submitting their 2006 tax returns in January 2007.
Taxpayers who request more of a refund than they are entitled to receive will have their refunds held and they may be subject to an audit.
If you think you have been a victim of a tax scam, you should immediately:
File an amended tax return to reverse each false return filed.
Be prepared to pay back any refund you received as a result of a false return, plus penalties and interest.
Return scam-related refund checks that you have not cashed to the IRS immediately.
Harris said the IRS reminds all taxpayers to avoid any tax preparer who claims to know about "secret" tax breaks or loopholes.If you have any doubt as the legality of any tax deduction, credit or refund claim, contact the IRS before you use it. Knowingly filing a false federal tax return can lead to civil penalties or, in some cases, to criminal charges.
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Third Guilty Plea in Calif. Terror Case
Court Feed News |
2007/12/18 10:37
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A third man accused of plotting to attack Southern California military sites and other targets pleaded guilty Monday to a terrorism conspiracy charge in federal court. Gregory Vernon Patterson, 23, entered his plea in U.S. District Court in Santa Ana to one count of conspiring to levy war against the U.S. government through terrorism. He also pleaded guilty to conspiring to use a firearm during that offense. Patterson could face as many as 25 years in prison when he is sentenced in April, prosecutors said. Two other men — Kevin James, 31, and Levar Haley Washington, 28 — pleaded guilty in the case last week. A fourth, Hammad Riaz Samana, has been declared mentally unfit to stand trial and is undergoing psychiatric care at a federal prison. All except Samana, a citizen of Pakistan, are American-born Muslim converts. The men were indicted in 2005 for what authorities said was a plot to attack American military facilities, Israeli government offices and synagogues in the Los Angeles area. Prosecutors said the plot was orchestrated by Washington, Patterson and Samana at the behest of James, an inmate at California State Prison in Sacramento and founder of the radical Muslim group Jamiyyat Ul-Islam Is-Saheeh. Patterson has cooperated with authorities, according his attorney, Winston Kevin McKesson. "He volunteered to work for the government after finding out James lied," McKesson said. "James misled them in what the Quran says." The plotters were within weeks of being able to carry out an attack before they were discovered about two months before the Jewish holiday Yom Kippur, officials said. Police uncovered the plot in July 2005 while investigating a string of gas station robberies that authorities say were committed to finance the attacks. |
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Nigerian ex-governor on trial for graft: court
Legal World News |
2007/12/18 09:32
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The impeached former governor of Nigeria's south-west Ekiti state has been arraigned in court on corruption and money laundering charges, court officials said Tuesday. Fayose, who was arrested last week after turning himself in to the anti-graft agency EFCC, was brought to the Lagos high court on Monday, they said. "The former governor was charged with embezzling 1.2 billion naira belonging to Ekiti state, among other corruption and money laundering charges," a senior official of the court told AFP. He said Fayose pleaded not guilty to the charges and the judge, Tijani Abubakar, ordered his remand in Ikoyi prison until a further hearing on January 10, 2008. Fayose was impeached for corruption by Ekiti lawmakers last year and fled the country shortly after. He was governor for close to three years. He returned home last week and on Friday reported to the EFCC, which wanted to question him over allegations of corruption. He was arrested on the spot. The Economic and Financial Crimes Commission said it was probing some 15 of Nigeria's 36 former state governors for corruption. The former governor of oil rich state of Delta, James Ibori, is also facing corruption charges in the northern city of Kaduna. The court denied him bail on Monday and remanded him in prison until January 11. Ibori, who ruled the Delta state from 1999 to 2007, has also been under investigation by the British police following the discovery of assets in the country suspected to have been acquired with stolen money. |
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Thai cabinet lays out plan to transfer PTT pipelines
Legal World News |
2007/12/18 09:32
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Thailand's government Tuesday laid out its plan for the court-ordered transfer of energy giant PTT's 15-billion-baht (445-million-dollar) pipeline network back to the state. Under the arrangement, PTT will have to pay the state five percent of its revenue from gas transmission as a rental fee for using the network, the company's president Prasert Bunsumpun told reporters. The transfer of the pipelines was ordered Friday by the Supreme Administrative Court, in a ruling that challenged the legality of PTT's privatisation in 2001. The verdict upheld the company's listing on the Stock Exchange of Thailand (SET), but acknowledged concerns brought by consumer groups who argued against leaving vital national infrastructure in private hands. The judges ordered the Finance Ministry, which already holds a 52 percent stake in the company, to take back control of the pipelines. "The cabinet today agreed in principle for PTT to transfer our assets back to the Finance Ministry," Prasert said as he left the cabinet meeting. "Also, PTT will have to pay the state a five-year retroactive pipeline rental charge of at least five percent of the revenue generated from gas transmission," he told reporters. He declined to say what impact that would have on the company's financial results. PTT, the kingdom's biggest energy firm, is the largest stock on the Thai bourse with a market capitalisation of 1.01 trillion baht (30 billion US dollars). Following the cabinet decision, the SET allowed shares of the company to resume trading in the afternoon session. The stock had been suspended since early Friday. "The status of the company is not affected (by the verdict). The company is still entitled to use such assets but has to pay the rental fee at the rate specified by the ministry of finance," PTT said in its filings to the bourse. "The company believes that there is no effect on the company's operations and there will be minor effect on its financial status," it added. Prasert said the cabinet resolution would cost PTT up to 11 billion baht (326 million dollars) to settle the five-year pipeline rental charges and to cover the taxes on transferring the company's assets. "We have to pay up to nine billion baht for pipeline usage since 2001, including taxes and interest payments," he told reporters. "Another two billion baht is for taxes for transferring our pipeline assets. The total amount would be paid in the last quarter of 2007," Prasert added. |
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