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Next ICC prosecutor warns against sex crimes
Legal News | 2011/12/13 21:05
The next chief prosecutor of the International Criminal Court pledged Tuesday to strengthen efforts to bring to justice the perpetrators of sexual and gender crimes.

A day after her election by the 119 countries that support the tribunal, Gambian lawyer Fatou Bensouda said too often gender crimes go unreported and unpunished and the victims are trivialized, denigrated, threatened and silenced, which enables the abuses to continue unimpeded.

In its first cases, she said, the ICC has sent the message that this is no longer acceptable and must stop.

The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. It is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide.

At the moment, the ICC is dealing with cases from Congo, the Central African Republic, Uganda involving the Lord's Resistance Army, the Darfur conflict in Sudan, the recent Libyan uprising, and post-election violence in Kenya and Ivory Coast.

At present, crimes such as rape, sexual slavery, and forced prostitution and pregnancy are alleged in some cases before the court in all of these situations except Libya, where an investigation of alleged gender-based crimes is still under way.


Texas asks court to stop redistricting plan
Legal News | 2011/11/28 17:43
The Supreme Court has been asked to stop a federal court from implementing a state redistricting map in Texas that could increase minority representation in the state Legislature.

The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.

The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.

The court-ordered map will remain in place until the legal fights are resolved.


Accused White House shooter to appear in DC court
Top Legal News | 2011/11/21 17:32
A man accused of firing an assault rifle at the White House is expected to appear in court in Washington.

Oscar Ramiro Ortega-Hernandez is scheduled to appear in federal court Monday at 1:45 p.m.

Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.

President Barack Obama and first lady Michelle Obama were away, and no one was injured.


Federman & Sherwood Announces Class Action Lawsuit
Legal Watch | 2011/11/21 17:32
On November 16, 2011, a class action lawsuit was filed in the United States District Court for the Central District of California against Keyuan Petrochemicals, Inc. The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price. The class period is from August 16, 2010 through October 7, 2011.

Plaintiff seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Tuesday, January 17, 2012, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.

If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact: www.federmanlaw.com


NYC sues roll-your-own cigarette shops over taxes
Headline News | 2011/11/21 17:32
There is no place in the U.S. more expensive to smoke than New York City, where the taxes alone will set you back $5.85 per pack. Yet, addicts who visit Island Smokes, a "roll-your-own" cigarette shop in Chinatown, can walk out with an entire 10-pack carton for under $40, thanks to a yawning tax loophole that officials in several states are now trying to close.

The store is one of a growing number around the country that have come under fire over their use of high-speed cigarette rolling machines that function as miniature factories, and can package loose tobacco and rolling papers into neatly formed cigarettes, sometimes in just a few minutes.

The secret to Island's low prices is simple: Even though patrons leave carrying cartons that look very much like the Marlboros or Newports, the store charges taxes at the rate set for loose tobacco, which is just a fraction of what is charged for a commercially made pack.

Customers select a blend of tobacco leaves, intended to mirror the flavor of their regular brand. Then they feed the tobacco and some paper tubes into the machines, and return to the counter with the finished product to ring up the purchase.

The savings come at every level. Many stores sell customers loose pipe tobacco, which is taxed by the federal government at $2.80 per pound, compared with $25 per pound for tobacco made for cigarettes. The shops don't pay into the cigarette manufacturer trust fund, intended to reimburse government health programs for the cost of treating smoking-related illness. And the packs produced by "roll-your-own" shops are generally also being sold without local tax stamps, which in New York include a $1.50 city tax and a $4.35 state tax.

New York City's legal department filed a lawsuit against Island Smokes on Nov. 14, arguing that the company's Manhattan store and another on Staten Island are engaging in blatant tax evasion.


RI pension overhaul may head to the courts
Top Legal News | 2011/11/18 17:07
Rhode Island is taking dramatic steps toward fixing one of the nation's most underfunded public pension systems, but the true battle with public-sector unions may be just beginning.

State lawmakers ignored jeers from public workers and the threat of a lawsuit Thursday to pass sweeping changes to the pension system covering 66,000 active and retired public workers.

The legislation is designed to save billions of dollars in future years by backing away from promises to state and municipal workers that lawmakers say the state can no longer afford. Gov. Lincoln Chafee, an independent, said he will sign the bill.

Public-sector union leaders promised a court challenge before the final votes were even cast.

"The attorneys are going to make a lot of money," Philip Keefe, president of Local 580, which represents social service, administrative and technical workers. "If this is overturned, it will be you, me and every other taxpayer that is on the hook for billions."

Supporters acknowledged that a lawsuit was inevitable but said the bill was thoroughly reviewed for any legal problems. Supporters said one of the reasons for the bill was to ensure there's money available when today's workers retire.


Fla. hired law firm with ties to Gov. Scott
Legal News | 2011/11/18 17:06
Florida has spent nearly a half-million dollars - and could spend even more - with a large, well-known law firm that has connections to both the Republican Party of Florida as well as Gov. Rick Scott.

Since August the state has paid nearly $400,000 to the law firm of Alston and Bird to defend a new state law that requires public employees to contribute 3 percent of their pay to the state pension fund.

The firm was hired at the urging of the Scott administration which asked Attorney General Pam Bondi to approve paying the firm hourly rates at $495 an hour or nearly $300 more than what is normally allowed.

The Scott administration and Bondi have defended the hiring of the firm, saying it specializes in the kind of litigation that the state is now involved in.

But the firm's roster also includes a one-time business associate of Scott.

While not working directly on the lawsuit, a senior counsel with the firm's Washington D.C. office is Thomas Scully. Scully is also a general partner with the New York investment firm of Welsh, Carson, Anderson & Stowe. That's the investment firm that this June purchased Scott's shares in Solantic, a chain of urgent care clinics the governor started back in 2001.

Scully, who once led the Federation of American Hospitals, was appointed to the board of directors of Solantic back in 2008.


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