(no subject)
joplinnetnews

Source:

bankruptcy lawyers alameda ca bankruptcy lawyer alameda ca bankruptcy alameda ca alameda ca bankruptcy san mateo ca bankruptcy attorney


Attorney: It's Time For JCPS Litigation To End - msnbc.com
joplinnetnews







updated 10/3/2011 6:15:42 PM ET 2011-10-03T22:15:42

LOUISVILLE, Ky.  ? WLKY.com

An attorney who successfully challenged Jefferson County Public Schools? student assignment plan at the Kentucky Court of Appeals said it?s time to stop the court battles.

The court?s majority 2-to-1 opinion as it stands would mean JCPS would have to change its student assignment plan by the 2012-2013 school year. The district would be moving from a plan that transports students to schools across the county to a more neighborhood-based plan.

The court gave JCPS time to appeal the decision to the Kentucky Supreme Court.

In a statement from JCPS Superintendent Donna Hargens on Friday, she indicated the school system will appeal.

Chris Fell, who filed the original complaint, said Monday that it all started with his daughter Lilly's kindergarten assignment.

?I moved out of J?town, out to Preston and Vim Drive. The nearest school right there is, of course, Indian Trail Elementary, Rangeland's right around the corner, but she was instead sent to Fern Creek Elementary. On a bus a 6 a.m. in the morning, home at 6:30 at night,? Fell said.

?It is time, after 13 years, after hundreds of thousands of dollars have been spent on attorneys and court costs, after hundreds of millions of dollars have been spent busing these children back and forth across the county for no improvement in educational outcome, for the litigation to end,? attorney Ted Gordon said.

Lilly is now a second-grader at Tully Elementary School in Jeffersontown, her neighborhood school. Fell said he?s going to continue with his lawsuit to the Kentucky Supreme Court, if necessary, to fight for other parents.

Fell said he will be a candidate next year for the school board and will run against Larry Hujo.

Most Popular Stories at WLKY

Source: http://www.msnbc.msn.com/id/44759273

alameda ca bankruptcy san mateo ca bankruptcy attorney bankruptcy attorney san mateo ca san mateo ca bankruptcy attorneys san mateo ca bankruptcy lawyer


Tougher BofA Mortgage Stance Was Opposed by BlackRock Attorney - BusinessWeek
joplinnetnews
October 03, 2011, 12:22 AM EDT

By Jody Shenn and David McLaughlin

Oct. 3 (Bloomberg) -- The lawyer who helped craft a proposed $8.5 billion settlement with Bank of America Corp. over soured mortgages urged some of her biggest bondholder clients to oppose a more aggressive stance set forth by a rival attorney.

Gibbs & Bruns LLP?s Kathy Patrick told clients including BlackRock Inc. and Pacific Investment Management Co. last year that they shouldn?t authorize a competing plan to threaten Bank of New York Mellon Corp., the trustee for the bondholders, for failing to act adequately on their behalf.

?I want to be able to distance this effort from any declaration of default so that we can continue to try to work constructively with Bank of New York,? Patrick wrote in the Aug. 4, 2010, e-mail, a copy of which was obtained by Bloomberg News. ?We don?t want to be forced to go to war with them if there is an opportunity to achieve victory by other means.?

Investors including American International Group Inc. and local pension funds, along with New York Attorney General Eric Schneiderman, have criticized the settlement in court, saying the payout should be larger or that more information is needed to evaluate it.

The 22 investment firms that hired Patrick and worked with BNY Mellon may have conflicts of interest that prevented them from negotiating for more money on behalf of all investors in the Countrywide bonds, due to ?significant ongoing business dealings with Bank of America,? according to a court filing by the Policemen?s Annuity and Benefit Fund of Chicago, the Grand Rapids, Michigan, General Retirement System, and two other retirement systems.

Countrywide Paper

The settlement covers $424 billion of home-loan securities created by Countrywide Financial Corp. before Charlotte, North Carolina-based Bank of America bought the firm in 2008. Some of the bonds involved aren?t owned by the 22 firms, a group that grew from a total of eight last October and also includes the Federal Reserve Bank of New York and MetLife Inc.

Mortgage-bond investors typically must rely on the trustee for their transactions to take legal action, and must band together to have standing to force certain steps. BNY Mellon has sought court approval of the settlement.

Robert Madden, Kathy Patrick?s colleague at Houston-based Gibbs & Bruns, said at a Sept. 21 court hearing that proof of the honest intentions of the investors represented by his firm can be seen by their decision to organize and pursue payments for faulty loans.

?No one was doing anything until we started,? Madden said. ?It was in no way collusive and in no way intended to assist either Bank of New York or Bank of America.?

Franklin Initiative

Patrick?s e-mail shows that another group was also preparing a bid to force Countrywide to buy back mortgages that failed to meet its contractual promises about their quality through Talcott Franklin, a Dallas-based attorney whose clients include the Knights of Columbus, a charitable organization that now objects to the settlement.

Franklin?s so-called RMBS Investor Clearing House involved more than a third of the $1.5 trillion of U.S. home-loan bonds without government backing as of July 2010, he said at the time. The initiative lets bondholders pool their holdings to take legal or other action by providing them a way to find other investors in deals without disclosing their positions to rivals.

Joining the clearinghouse doesn?t mean investors are hiring Franklin to speak on their behalf about specific issues.

Default Threat

In early August 2010, Franklin was ?on the verge of sending a letter to Bank of New York declaring BONY in default of its obligations? on Countywide mortgage-bond deals, according to Patrick?s e-mail to several investment firms including BlackRock and Pimco, as well as the New York Fed and MetLife. ?If you have not already done so, it is important you promptly advise him that he is not authorized to send a notice of default on your behalf,? she wrote.

Franklin didn?t return telephone and e-mail messages seeking comment.

Brian Beades, a spokesman for New York-based BlackRock, the world?s largest money manager, John Calagna, a spokesman for New York-based MetLife, the biggest U.S life insurer, and Andrea Priest, a spokeswoman for the New York Fed, declined to comment. Mark Porterfield, a spokesman for Newport Beach, California- based Pimco, which manages the biggest bond fund, didn?t return a message.

Kevin Heine, a spokesman for BNY Mellon, declined to comment. Dan Frahm, a Bank of America spokesman, didn?t immediately return a call for comment.

Better Results

Several of the investors wanted to stick with Patrick?s approach because they thought it would produce better results, according to two people familiar with the matter who declined to be identified because they weren?t authorized to talk.

Patrick declined to comment on the advice in her e-mail. In it, she also said that she was ?skeptical? Franklin?s group would have enough holdings to take action involving Countrywide deals without her clients and that it would be ?a terrible shame to waste the traction we have gained with? BNY Mellon.

?The effort you?re referring to is an effort by Mr. Franklin to act on behalf of clients that he did not represent,? Patrick said in a telephone interview. ?Our clients had engaged us many months before to pursue their rights aggressively. Understandably our clients did not want another lawyer purporting to act for their holdings.?

Accurate

The statement by Madden, her colleague, at the Sept. 21 hearing ?was absolutely accurate,? she said. ?Our clients were the only ones that had aggressively pursued their rights.?

U.S. District Judge William Pauley held the hearing in Manhattan on whether to keep the case in federal court or send it back to New York state court where it was first filed.

Walnut Place LLC and related entities, representing anonymous investors who own Countrywide mortgage bonds and have criticized the proposed settlement, said the case belongs in federal court. BNY Mellon, which was scheduled to seek approval for the agreement at a November court hearing, wants the case moved back to state court. Pauley hasn?t ruled on the issue.

The judge asked a lawyer for BNY Mellon how the institutional investor group organized and whether BlackRock, which last October counted Bank of America as its third-biggest shareholder, was the ?architect? of the agreement.

BNY Mellon?s description in court papers of its role in the settlement discussion ?conveys a certain passiveness? on the part of the bank, the judge said. Matthew Ingber, an attorney for BNY Mellon, said the bank didn?t play a role in organizing the investor group and didn?t lead the negotiations.

Faulty Mortgages

Patrick?s group, which entered discussions with Bank of America and BNY Mellon over soured Countrywide mortgages at least as early as June 2010, last October sent a letter representing the start of its own attempt to get BNY Mellon to declare Countrywide in default of its duties as a loan servicer, including its need to seek repurchases of faulty mortgages.

The case is Bank of New York Mellon v. Walnut Place LLC, 11-cv-5988, U.S. District Court, Southern District of New York (Manhattan).

--Editors: John Pickering, David E. Rovella

To contact the reporter on this story: Jody Shenn in New York at jshenn@bloomberg.net and; David McLaughlin in New York at dmclaughlin9@bloomberg.net

To contact the editors responsible for this story: Alan Goldstein at agoldstein5@bloomberg.net and; John Pickering at jpickering@bloomberg.net.

Source: http://www.businessweek.com/news/2011-10-03/tougher-bofa-mortgage-stance-was-opposed-by-blackrock-attorney.html

bankruptcy lawyers oakland ca bankruptcy lawyer oakland ca bankruptcy oakland ca oakland ca bankruptcy alameda ca bankruptcy attorney


California Pulls Out of Foreclosure Talks - Wall Street Journal
joplinnetnews

BY RUTH SIMON AND NICK TIMIRAOS

California Attorney General Kamala D. Harris pulled out of settlement negotiations with the nation's biggest banks over alleged foreclosure abuses, calling the proposed deal "inadequate for California homeowners."

The decision by Ms. Harris delivers a serious blow to efforts by the Obama administration and 50 state attorneys general to forge a $25 billion settlement with the nation's largest banks over "robo-signing" and other questionable foreclosure practices.

Her actions follow the withdrawal of New York from the talks. Without the participation of California and New York in the negotiations, banks will be far less likely to agree to the multibillion dollar ...

BY RUTH SIMON AND NICK TIMIRAOS

California Attorney General Kamala D. Harris pulled out of settlement negotiations with the nation's biggest banks over alleged foreclosure abuses, calling the proposed deal "inadequate for California homeowners."

The decision by Ms. Harris delivers a serious blow to efforts by the Obama administration and 50 state attorneys general to forge a $25 billion settlement with the nation's largest banks over "robo-signing" and other questionable foreclosure practices.

Her actions follow the withdrawal of New York from the talks. Without the participation of California and New York in the negotiations, banks will be far less likely to agree to the multibillion dollar ...

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGBsSfmd9OH7Ct42KveD_hrnnJXTA&url=http://online.wsj.com/article/SB10001424052970204226204576603282938462192.html

alameda ca bankruptcy attorney bankruptcy attorney alameda ca alameda ca bankruptcy attorneys alameda ca bankruptcy lawyer alameda ca bankruptcy lawyers


Attorney vows appeal; motion to dismiss misconduct charges was turned down
joplinnetnews

By Ann Zaniewski
For the Daily Tribune

Henry Baskin

An attorney plans to appeal the denial of a request to dismiss misconduct charges against his client, a Birmingham lawyer who serves as an Oakland University trustee.

A Michigan Attorney Grievance Commission complaint filed earlier this year alleges that Henry Baskin had a sexual relationship with a woman he was representing in a divorce case, and didn?t fully disclose to her ?the possible effect that the conflict of interest could have on her representation.?

On Friday, a three-attorney panel of the Michigan Attorney Discipline Board heard arguments on Baskin?s motion for summary disposition.

The panel denied the motion without prejudice, meaning the issues he raised can still be brought up at a later time.

Baskin?s attorney, Kenneth Mogill, said he plans to appeal the panel?s decision to the full discipline board.

The formal complaint accuses Baskin of engaging in conduct that is contrary to justice, ethics, honesty or good morals; violating the rules of professional conduct adopted by the Supreme Court; and violating the criminal law against adultery. Baskin?s answer to the formal complaint is due Nov. 15.

Baskin and the woman?s alleged sexual relationship happened from late December 1999 to September 2003, according to the complaint. Mogill cited the ?extreme delay? between the alleged acts and the April 2011 filing of the complaint as among the reasons why it should be dismissed.

Mogill has also said that an attorney involved in a bona fide long-term romantic relationship with a client that happens to begin during the course of an attorney-client relationship is not subject to professional discipline.

Robert Edick, deputy administrator of the Michigan Attorney Grievance Commission, said an adulterous relationship with a client in a divorce case is problematic because of the impact it could have on the divorce proceedings themselves.

It would be a conflict of interest for an attorney to continue representing the client in that situation, he said. Continued...

By Ann Zaniewski
For the Daily Tribune

Henry Baskin

An attorney plans to appeal the denial of a request to dismiss misconduct charges against his client, a Birmingham lawyer who serves as an Oakland University trustee.

A Michigan Attorney Grievance Commission complaint filed earlier this year alleges that Henry Baskin had a sexual relationship with a woman he was representing in a divorce case, and didn?t fully disclose to her ?the possible effect that the conflict of interest could have on her representation.?

On Friday, a three-attorney panel of the Michigan Attorney Discipline Board heard arguments on Baskin?s motion for summary disposition.

The panel denied the motion without prejudice, meaning the issues he raised can still be brought up at a later time.

Baskin?s attorney, Kenneth Mogill, said he plans to appeal the panel?s decision to the full discipline board.

The formal complaint accuses Baskin of engaging in conduct that is contrary to justice, ethics, honesty or good morals; violating the rules of professional conduct adopted by the Supreme Court; and violating the criminal law against adultery. Baskin?s answer to the formal complaint is due Nov. 15.

Baskin and the woman?s alleged sexual relationship happened from late December 1999 to September 2003, according to the complaint. Mogill cited the ?extreme delay? between the alleged acts and the April 2011 filing of the complaint as among the reasons why it should be dismissed.

Mogill has also said that an attorney involved in a bona fide long-term romantic relationship with a client that happens to begin during the course of an attorney-client relationship is not subject to professional discipline.

Robert Edick, deputy administrator of the Michigan Attorney Grievance Commission, said an adulterous relationship with a client in a divorce case is problematic because of the impact it could have on the divorce proceedings themselves.

It would be a conflict of interest for an attorney to continue representing the client in that situation, he said.

Baskin, a well-known entertainment and family law attorney, is the chairman of Oakland University?s Board of Trustees.

Source: http://dailytribune.com/articles/2011/09/24/news/doc4e7e3d46c28b2418574731.txt

alameda ca bankruptcy attorney bankruptcy attorney alameda ca alameda ca bankruptcy attorneys alameda ca bankruptcy lawyer alameda ca bankruptcy lawyers


Attorney: Fumo is bearded, heavy, and depressed - Philadelphia Daily News
joplinnetnews

They let him out of solitary only after appeals from defense lawyers and prosecutors.

And prison officials have turned down Fumo for addiction therapy, despite his well-documented past heavy use of Xanax and other drugs, Cogan said. Enrollment could have gotten Fumo a year shaved off his 55-month sentence.

Fumo, 68, got another dose of unwanted news at the hearing Tuesday. U.S. District Judge Ronald L. Buckwalter rejected Fumo's request that he take part in the resentencing via a remote video hookup from the prison camp at Ashland.

Like most inmates, Fumo will have to appear in person, the judge ruled, after undergoing a possibly rigorous trip to Philadelphia via prison transport.

When Buckwalter sentenced Fumo in 2009, the punishment was widely criticized as too lenient. But last month, the U.S. Court of Appeals for the Third Circuit ruled that Buckwalter had made numerous legal mistakes in his sentencing and ordered him to do it over.

Now, prosecutors are hoping that Buckwalter will be forced to jack up Fumo's sentence significantly. The defense hopes the judge will merely fix technical errors in his sentencing process - and then reinstate the same term.

At Tuesday's hearing - Fumo was not there - another of his lawyers, Peter Goldberger, said Fumo wanted to appear via closed-circuit television to avoid the arduous and demeaning travel itinerary often followed by the U.S. Marshal's to transport prisoners.

Known even by U.S. Marshals as "Con Air," the air service and subsequent bus trips are loathed by many inmates. Conceivably, Goldberger said, the marshals might fly Fumo from Kentucky to Oklahoma, and then to Brooklyn. From there, Goldberger said, Fumo might have to ride a prison bus to Philadelphia.

"It's a terrible experience," Goldberger said. Cogan said later that cons call it "diesel therapy."

Source: http://www.philly.com/philly/news/breaking/20110926_Attorney__Fumo_is_bearded__heavy__and_depressed.html?cmpid=124488469

bankruptcy alameda ca alameda ca bankruptcy san mateo ca bankruptcy attorney bankruptcy attorney san mateo ca san mateo ca bankruptcy attorneys


DOJ cuts, reassigns 81 immigration prosecutors - Houston Chronicle
joplinnetnews

WICHITA, Kan. (AP) ? As the first and only federal prosecutor in Kansas dedicated solely to handling criminal immigration cases, Barry Disney took a pragmatic approach to filing charges in an interior state that has become a mecca for immigrant labor drawn to its massive meatpacking plants and other food processing industries.

Limited resources were spent on the worst criminals who had been deported and then come back to the United States. Disney's first trial in federal court dealt with two illegal immigrants found speeding through Kansas with an assault rifle wedged in the back seat of a truck and loaded pistols hidden in the vehicle's speaker compartments. Agents had seized $16,000 in drug-tainted currency.

Disney's job as an assistant U.S. attorney in Kansas was created under a supplemental appropriation passed last year in the Southwest Border Security Bill, an initiative targeting criminal immigration cases and Mexican drug cartels. With the end of the federal fiscal year on Friday, the temporary funding for 81 immigration-dedicated federal prosecutors like him has also ended, Justice Department spokeswoman Jessica Smith said in Washington. Disney is one of 13 whose jobs were cut, while 68 others are being reassigned within the Justice Department.

"My frustration was that they added these positions in 2011 because they were needed; the need did not go away," Disney said.

Sixty-eight of the prosecutors will return to their old jobs and will still be able to work on Southwest Border Initiative cases, but not exclusively as they have for the past year, the Justice Department said. Justice officials have confirmed the reductions but have refused to elaborate on them.

"It is not that the U.S. attorney's office is going to ignore those crimes. It is just that they don't have someone whose sole responsibility is to do that," Disney said. "Fewer people are going to have to do more. They are dedicated to doing it. It's just going to be harder for them to do it."

Justice Department data analyzed by the Transactional Records Access Clearinghouse at Syracuse University found that criminal immigration cases filed in June accounted for 52 percent of new prosecutions in the nation's federal courts.

"The Obama Administration has been pushing and pushing on immigration, so that they choose to let these people go is kind of curious," said David Burnham, co-director of the Transactional Records Access Clearinghouse.

A TRAC analysis released earlier this year of criminal enforcement comparing the administrations of Presidents George W. Bush and Barack Obama found that immigration prosecutions in the districts along the southwest border increased 77 percent between fiscal 2007 and 2010 under Obama. Elsewhere in the nation, criminal immigration prosecutions during that same period were up 31 percent.

Burnham said that the loss of so few prosecutors is such a small percentage of the total that it will likely have little impact on immigration enforcement.

Nationwide, the Justice Department said it has 5,000-plus assistant U.S. attorneys. But that figure includes civil attorneys who handle cases like foreclosures and forfeitures. Criminal prosecutors also must handle all the other violations of federal laws, such as wire fraud, gun and drug cases, health care fraud, along with other white-collar crimes.

For example, the U.S. attorney's office in Kansas said it has 45 assistant U.S. attorney positions, but just 33 of them handle criminal cases spread across the three federal district courts in the state. Court records show that in the four months Disney held the federal prosecutor's job, he filed more than 50 criminal immigration-related cases. He left the U.S. attorney's office in in July to take a job as assistant county prosecutor in Riley County after finding out that the funding for his federal job was not being renewed.

Carl Tobias, a law professor at the University of Richmond who follows the federal justice system, said while the loss of 81 immigration-dedicated positions may not sound like much in the overall scheme of things, it could be a serious problem in border states and some interior states like Kansas, which are grappling with a large illegal immigration problem.

"In those specific districts experiencing heavy caseloads, especially on the border, I think in terms of judicial resources and DOJ resources it could be significant, and I expect it would put pressure on the remaining people in the office," Tobias said.

Disney said his expectation when he accepted the Justice Department position was that the so-called term positions for specialized immigration prosecutors would be renewed, just as they are renewed each year for other prosecutors who are dedicated solely to handling gun or drug cases. He noted the Justice Department spent $10,000 for a four-month background investigation on him before he was hired. But he acknowledged the Justice Department, which has been under a hiring freeze since January, had a right not to renew the immigration positions.

"The reason why Kansas was awarded this position was because there was a need for it and the need is still there, but the position is not," Disney said. "They will just have to make do."

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNF7fk14ajB1KWL0ODWl-13lF9okaw&url=http://www.chron.com/news/article/DOJ-cuts-reassigns-81-immigration-prosecutors-2198032.php

bankruptcy lawyer contra costa ca bankruptcy contra costa ca contra costa ca bankruptcy oakland ca bankruptcy attorney bankruptcy attorney oakland ca


(no subject)
joplinnetnews

Source:

bankruptcy lawyer san mateo ca bankruptcy san mateo ca san mateo ca bankruptcy contra costa ca bankruptcy attorney bankruptcy attorney contra costa ca


(no subject)
joplinnetnews

Source:

bankruptcy attorney san mateo ca san mateo ca bankruptcy attorneys san mateo ca bankruptcy lawyer san mateo ca bankruptcy lawyers bankruptcy attorneys in san mateo ca


Thomas hearing: Attorneys warned about testimony - Tucson Citizen
joplinnetnews

An attorney representing the Maricopa County Board of Supervisors has cautioned lawyers representing the county not to disclose confidential legal information during the disciplinary hearing involving three former county prosecutors.

The two-page letter was sent this week to more than a dozen past and current county attorneys and private outside counsel who have represented the County Attorney?s Office, the county Manager?s Office, and other county entities in recent years. The attorneys have either testified ? or could testify ? in the disciplinary hearing that could lead to the disbarment of former County Attorney Andrew Thomas and his deputy, Lisa Aubuchon.

In the letter, Jorge Franco Jr., retained by the Board of Supervisors, warned the attorneys they are only authorized to testify about a limited amount of information involving the supervisors, Thomas and his staff. The letter also warns the attorneys against speaking to the media about the case.

?This letter is to simply communicate the county?s position and expectations of you, as one (of) its former or current attorneys, in regards to the attorney-client privilege in the event that you are interviewed, deposed or called to testify in regards to matter that are the underlying subjects of this disciplinary matter,? wrote Franco, whose firm bills the county up to $250 hourly. ?The Board has not waived its attorney-client privilege or confidentiality as to your communications with board members, their designees or with county management regarding legal advice, legal actions, or legal recommendations made by you or your firm.?

The letter has drawn the ire of some lawyers who have received it. One called it ?rather stupid,? while another said the county should have gone through the judge overseeing the case rather than communicating directly with witnesses. Others suggested the tone of the letter was meant to instill fear in the recipients, while another pointed out that the letter was sent to staff who never even served as counsel to the board.

Throughout the hearing, the attorneys have been questioned about their dealings with the Board of Supervisors on issues ranging from contracts dealing with construction of a $340 million court tower and the board?s desire to maintain a civil litigation department separate from the County Attorney?s Office.

The letter drew criticism from several lawyers who received it, but they declined to talk publicly.

Franco told The Arizona Republic the letter was ?intended as nothing more than a professional reminder to a group of lawyers . . . about their professional duties. This letter is getting a lot of, what I?m going to call, overreaction by some.?

Thomas, Aubuchon and former deputy county attorney Rachel Alexander are accused of 33 ethical violations. Charges include using means to burden or embarrass, filing and asserting a frivolous proceeding, and not cooperating with the ethics investigation.

This entry was posted on Saturday, October 1st, 2011 at 12:00 am and is filed under Arizona Republic News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGIuKtxHuQTwi0OuS7fpzJCjgW55w&url=http://tucsoncitizen.com/arizona-news/2011/10/01/thomas-hearing-attorneys-warned-about-testimony/

oakland ca bankruptcy attorneys oakland ca bankruptcy lawyer oakland ca bankruptcy lawyers bankruptcy attorneys in oakland ca bankruptcy lawyers oakland ca


?

Log in