New York Securities Industry Litigation Law Firm

Headline Legal News 2012/03/14 10:47   Bookmark and Share
We have an extensive track record of successful engagements that can be matched by few firms of our size. With a dedicated focus on the financial services arena, we represent broker-dealers, registered representatives and other industry participants in a broad spectrum of securities disputes in court and in FINRA arbitration. Our principal attorney has handled approximately 200 FINRA arbitrations and has a lengthy record of success in those matters that have been tried to verdict.

Securities Litigation and Arbitration

Our clients have entrusted us to litigate sales practice disputes of virtually every type, encompassing a wide variety of products. As a small law firm, we are free from the conflicts faced by many larger law firms. This flexibility enables us to represent investors with substantial claims, along with claims in which one broker-dealer is adverse to another. Our founding partner is a certified arbitrator for FINRA and the NFA and formerly served as in-house counsel for an NYSE-member broker-dealer. This in-the-trenches experience provides unique insight to our advocacy.

Herskovits Law is a New York based law firm and has expertise in defending clients facing allegations of market manipulation and assorted FINRA rule violations. Their experience consistently guides their approach to successfully help fight for the rights of the victims of industry allegations.
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Health care lawyer Clement as high court regular

Headline Legal News 2012/03/12 10:45   Bookmark and Share
Paul Clement used to argue for the federal government's power until he started arguing against it.

But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.

Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.

In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.

Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.

He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.
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Lawyer: Jackson theft accused will prove innocence

Headline Legal News 2012/03/07 09:25   Bookmark and Share
Two Michael Jackson fans accused of stealing unreleased music by the late King of Pop from Sony's computers are confident they can prove their innocence in court, their lawyer said Wednesday.

Solicitor Karen Todner said James Marks and Jamie McCormick "are eager to point out to Michael Jackson's fans and family that they would never do anything to harm the legacy that is Michael Jackson's music."

"As Michael Jackson has said," she added, "'Lies run sprints but the truth runs marathons.'"

The two British men were arrested last year after Sony Music Entertainment noticed a breach of its systems.

The entertainment company has a seven-year deal, worth up to $250 million, to sell unreleased recordings by Jackson, who died in 2009 at the age of 50.
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Glancy Binkow & Goldberg LLP Announces Class Action

Headline Legal News 2012/03/02 10:19   Bookmark and Share
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York, on behalf of purchasers of CNOOC Limited American Depositary Shares between January 27, 2011 and September 16, 2011, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. CNOOC, through its subsidiaries, engages in the exploration, development, production and sale of crude oil, natural gas and other petroleum products. The Company owns oil and natural gas properties in Asia, Oceania, Africa, the Americas and offshore China – including the Penglai 19-3 (“PL19-3”) oilfield situated in northern China’s Bohai Bay.

The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial results, including that: (i) the Company was not in compliance with environmental laws and regulations; (ii) the Company concealed the extent and severity of oil spills that occurred at the PL19-3 oilfield in June 2011; (iii) as news of the oil spills emerged, the Company downplayed its responsibility to effect the cleanup of the oil spills, portrayed itself as being the “non-operator” of the oilfield and, moreover, hindered the cleanup by requiring the operator of the oilfield to use a CNOOC-affiliated company for the cleanup; (iv) the Company improperly accounted for its contingent liabilities in violation of Generally Accepted Accounting Principles (“GAAP”); and (v), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s operations and its expected oil production.

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 the ADSs of CNOOC between January 27, 2011 and September 16, 2011, you have certain rights, and have until April 29, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.

www.glancylaw.com

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Court: California can force inmates to submit DNA

Headline Legal News 2012/02/24 09:54   Bookmark and Share
A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.

The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.

The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.

The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.

The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.

The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.

Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.
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High court to take new look at affirmative action

Headline Legal News 2012/02/21 10:04   Bookmark and Share
The Supreme Court will once again confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas.

The court said Tuesday it will return to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions. This time around, a more conservative court is being asked to outlaw the use of Texas' affirmative action plan and possibly to jettison the earlier ruling entirely.

A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many of the nation's public and private universities, said Vanderbilt University law professor Brian Fitzpatrick.

A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court's decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in university admissions at the University of Michigan law school.

The Texas case will be argued in the fall, probably in the final days of the presidential election campaign, and the changed makeup of the Supreme Court could foretell a different outcome. For one thing, Justice Samuel Alito appears more hostile to affirmative action than his predecessor, Justice Sandra Day O'Connor. For another, Justice Elena Kagan, who might be expected to vote with the court's liberal-leaning justices in support of it, is not taking part in the case.
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