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NY appeals court orders NJ programmer's acquittal
Legal News |
2012/02/17 19:04
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A federal appeals court on Friday reversed the conviction of a former Goldman Sachs programmer on charges he stole computer code, ordering an acquittal in a case that tested the boundaries of what can be considered a crime as companies seek to protect their intellectual property from competitors.
The unusually speedy mandate from the 2nd U.S. Circuit Court of Appeals in Manhattan will result in freedom for Sergey Aleynikov, of North Caldwell, N.J. He has been in prison since he was sentenced in March to more than eight years in prison. He was convicted in December 2010 of stealing trade secrets and transporting stolen property in interstate and foreign commerce.
A three-judge appeals panel heard arguments on Thursday, but the judges gave no indication that they would reverse the lower court hours later with a terse, one-paragraph order. The 2nd Circuit said it would issue a written ruling "in due course" to explain its decision.
Aleynikov's attorney, Kevin Marino, said he spoke with his client Friday. He said Aleynikov reacted by concluding: "There is justice in the world."
"I could not be happier," Marino said. "It's justice because Sergey Aleynikov did not commit either of the crimes with which he was charged. The government's attempt to stretch this criminal federal statute beyond all recognition resulted in a grave injustice that put Sergey Aleynikov in prison for a year."
In arguments before the 2nd Circuit on Thursday, Marino called it "ridiculous" and "preposterous" that his client was facing eight years in prison because he was found to have information that was not a product that Goldman Sachs sold in interstate and foreign commerce. A prosecutor had asked the court to uphold the conviction, saying protection of trade secrets was the only way companies could retain their technological advantages. |
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EU court: Web sites need not check for IP breaches
Legal News |
2012/02/16 17:58
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A European Union court ruled Thursday that social networking sites cannot be compelled to install general filters to prevent the illegal trading of music and other copyrighted material.
The decision is a victory for operators of social networking sites in the EU, but a setback for those who seek to protect copyrighted material from being distributed without payment or permission.
It also comes as protests are growing in Europe against ACTA, the proposed international Anti-Counterfeiting Trade Agreement, which is meant to protect intellectual property rights.
In Thursday's decision, the EU Court of Justice, which is based in Luxembourg, ruled that requiring general filters that would cover all the site's users would not sufficiently protect personal data or the freedom to receive and impart information.
SABAM, a Belgian company that represents authors, composers and music publishers, filed the lawsuit leading to Thursday's ruling. In it, the company objected to the practices of Netlog NV, a social networking site, saying users' profiles allowed protected works to be shared illegally.
Michael Gardner, head of the intellectual property practice at London law firm Wedlake Bell, called the ruling a further blow to copyright owners because it appears to rule out forcing operators of social network sites and Internet service providers — at their own expense — to impose blanket monitoring and filtering aimed at stopping infringements. |
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Rigrodsky & Long, P.A. Announces A Securities Fraud Class Action
Press Releases |
2012/02/15 17:58
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Rigrodsky & Long, P.A. announces that a class action lawsuit has been filed in the United States District Court for the District of Kansas on behalf of purchasers the common stock of Collective Brands, Inc. between December 1, 2010 and May 24, 2011, inclusive, alleging violations of the Securities Exchange Act of 1934 against the Company and certain of its officers and/or directors.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact Timothy J. MacFall, Esquire or Scott J. Farrell, Esquire of Rigrodsky & Long, P.A., 825 East Gate Boulevard, Suite 300, Garden City, New York 11530 at (888) 969-4242, by e-mail to info@rigrodskylong.com, or at: http://www.rigrodskylong.com/investigations/collective-brands-inc-pss.
Collective Brands was formed in 2007 when Payless ShoeSource acquired the Collective Brands Performance + Lifestyle Group (formerly the Stride Rite Corporation) and Collective Licensing International. The Complaint alleges that during the Class Period, Collective Brands and certain of the Company’s directors and/or officers made materially false and misleading statements concerning its business and financial results. Specifically, it is alleged that defendants concealed from the investing public problems concerning the Company’s inventory level for Payless; significantly lower sales at the Company’s flagship Payless stores than expected due to deteriorating customer demand; and that the Company was forced to mark down Payless’s inventory at significant discounts, which negatively affected the Company’s margins and financial results for its first quarter.
On May 24, 2011, the Company disclosed its financial results for its first fiscal quarter ended April 30, 2011. As alleged in the Complaint, the Company reported earnings of $26.4 million or $0.42 diluted earnings per share (“EPS”) for the first quarter, which was nearly 50% less than the $0.82 diluted EPS expected by analysts. The Company also reported that net sales declined 1.1% to $869.0 million, due in substantial part to the Company’s 7.4% comparable store sales decline in its Payless Domestic segment. As a result, the price of Collective Brands common stock dropped $3.06 per share to close at $15.31 per share on May 25, 2011, a decline of approximately 17% on heavy trading volume.
If you wish to serve as lead plaintiff, you must move the Court no later than March 26, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the proposed class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
http://www.rigrodskylong.com |
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Law Firm Marketing Coach - Why do law firms need a good SEO?
Law Firm Business |
2012/02/14 17:46
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Most lawyers who are freshly introduced to the idea of internet marketing will build their website with a design company and then think visitors will start flowing in automatically after the website's initial launch. No matter how professional and aesthetically appealing your website may be, in the web environment today, visitors will never "automatically" attract and roll in. This is why law firms need good SEO and more importantly, why SEO matters if you want your business to be successful.
So what exactly is SEO you say? Surely, you must have heard talk about this recent buzz. And if you haven't, I am here to provide the 411 on everything you need to know about good SEO.
SEO is the acronym given for "search engine optimization" and choosing to invest in good SEO will be the huge factor in improving your law firm website and will also save time and money on other marketing strategies. There is, however, a possibility at risking damage to your law firm's reputation and website if you do not do your research in advance and end up in the hand's of a careless SEO company. Good SEOs will provide useful services for law firm website owners, including but not limited to:
- content development
- keyword research
- expertise in marketing techniques
- review of your website's structure and content
- advice on technical aspects of website development
In short, SEO-friendly websites allow online robots to analyze the codes and contents of your site. Major search engines like Google and Yahoo then look specifically for keywords, phrases, and web coding in order to rank your website amongst the other competiting webpages. Organic search results is the better resort over Pay Per Click (PCC)
advertisement by increasing indexability and because of it's history. Pay Per Click services can cost a hefty sum and may not even produce effective results.
Why should you take my word for it? If I have still yet to convince you on why your law firm needs a good SEO, I'll dissect into all the benefits. A great search optimization company will do more than just generate leads for your website. Creating a website without incorporating good SEO can pretty much equate to throwing money away. The money invested in building a great website alone will not cut it AND you might even be spending more on other marketing strategies like advertising through other avenues of media. |
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Federal court rules for Ohio festival free speech
Legal News |
2012/02/13 18:21
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A federal appeals court has ruled in favor of two Christians who say their free speech rights were violated at a southwest Ohio corn festival.
A 6th U.S. Circuit Court of Appeals three-judge panel ruled unanimously Monday that a policy against solicitation at the annual Sweet Corn Festival was too broad, and unconstitutional. The panel reversed a federal judge's ruling.
The case stemmed from the summer 2009 festival in the Dayton suburb of Fairborn, Ohio. Plaintiffs Tracy Bays and Kerrigan Skelly planned to convey their religious beliefs among festival-goers, and Bays began walking through the park with a sandwich board sign with Christian messages. After encountering opposition from a festival worker and officials, they left.
They sued in 2010. The Christian legal aid group Alliance Defense Fund argued their appeal. |
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Italian court convicts 2 in asbestos-linked deaths
Top Legal News |
2012/02/13 18:21
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An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.
"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
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Student bra search case goes to NC Supreme Court
Legal News |
2012/02/13 18:21
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The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs.
A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.
An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."
The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students. |
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