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Indianapolis Business & Corporate Law Firm
Legal News | 2012/02/29 17:42
Entity Selection & Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.

Contract Drafting & Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.

Riley Bennett & Egloff Law is a Business & Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com.


Sydney Criminal Lawyers - Sydney criminal defence lawyers
Firm Websites | 2012/02/28 18:27
Sydney Criminal Lawyers are a team of professional, experienced and highly respected specialist criminal and traffic defence lawyers. With two offices located in Sydney's Downing Centre Courts, our team of attorneys consistently achieve outstanding results in different criminal cases throughout the NSW area. We are the only criminal law firm to offer an "Accredited Specialist Guarantee" which means we will represent you on all important court days by the very best criminal or traffic lawyer in our firm. Additionally, we offer a great fixed fee-no hidden costs for our clients who are on a budget. Sydney Criminal Lawyers is the only accredited criminal law firm to offer these fixed fees for a wide range of criminal law services. Our results speak for themselves and we are the legal experts here to defend for your freedom to get you back on the road and on with your life as soon as possible.

At Sydney Criminal Lawyers, their attorneys have extensive experience in a wide range of criminal cases. With their comprehensive knowledge of drink driving, drug, and assault laws, their ability to defend their clients and win criminal cases have shown a proven track record. They care and understand how important a clean record is and will fight for their clients to secure favorable results. We have a winning attitude that will help ease your stresses.


Glancy Binkow & Goldberg LLP Announces Class Action
Press Releases | 2012/02/28 18:27
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Eastern District of North Carolina on behalf of purchasers of the securities of TranS1 Inc. between February 21, 2008 and October 17, 2011, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934.

TranS1 is a medical device company that designs, develops and markets products that implement its proprietary surgical approach to treat degenerative conditions of the spine affecting the lower lumbar region. The Complaint alleges that during the Class Period the Company and certain of its executive officers misrepresented or failed to disclose material adverse facts about the Company’s business, operations and financial performance, including that: (i) the Company was not in compliance with federal healthcare fraud and false claim statutes; (ii) the Company engaged in improper reimbursement practices; (iii) the Company lacked adequate internal and financial controls; and (iv), as a result of the foregoing, the Company’s statements were materially false and misleading at all relevant times.

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 TranS1 securities between February 21, 2008 and October 17, 2011, you have certain rights, and have until March 26, 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. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, by telephone at (310) 201-9150 or Toll Free at (888) 773-9224


Supreme Court 101 in session at high court
Attorneys News | 2012/02/28 18:27
George Mason University law student Matthew Long still has three months of schoolwork before graduation, but this week he and two classmates had a case before the Supreme Court.

The group of students is part of a new class dedicated to Supreme Court work at the Fairfax, Va., school. Nationwide, more than a half dozen law schools offer similar courses.

The students don't get to argue the cases. They aren't even lawyers yet. But students participating in the so-called Supreme Court clinics get to do everything else: research issues, draft briefs and consult with the lawyer actually presenting the case to the high court.

"We're all very much aware that you can go your entire legal career without ever being on a case before this court, and it's unbelievable that we'd have this experience as law students," Long, 26, said as he stood outside the Supreme Court after Monday's arguments in a case about a man in prison for murder in Colorado and time limits involved in his case.

Stanford University started the first Supreme Court clinic for students in 2004 and is still involved in the most cases. But schools with clinics now include Harvard University, Yale University, the University of Virginia and the University of Texas. In the past three years, clinics report that students have been involved in about 1 out of every 6 cases argued before the court. This week, students are participating in two of the court's cases.


Proof of a Negative Not Required for Summary Judgment
Legal News | 2012/02/28 18:26
The Indiana Court of Appeals has issued a decision that may have a large impact on summary judgment practice in Indiana. In Commr. of the Indiana Dept. of Ins. v. Black, ___ N.E.2d ___ (Ind. Ct. App. 2012), the Court essentially held that Indiana will apply the standard set forth in Celotex v. Catrett, 477 U.S. 317 (1986), at least in some circumstances.

Tim Black alleged that Dr. Harris and others rendered negligent care to his wife after she complained of chest pain. The negligence allegedly resulted in severe cardiac arrest and resulted in the need for a heart transplant. The medical review panel unanimously concluded that Dr. Harris failed to comply with the applicable standard of care.

After the panel decision, Black filed a petition seeking payment of $1 million from the Patient's Compensation Fund and asserted that he had settled with Dr. Harris for $250,000, thereby satisfying the qualifying amount to get to the fund. The Commissioner sought discovery of the settlement agreement but Black refused to produce it, saying it was confidential. Black did produce a copy of an unauthenticated check in the amount $250,000 from the Medical Assurance Co., made payable to Black and his counsel. Black also produced some correspondence between counsel that discussed a prospective settlement.

The Commissioner moved to dismiss the petition claiming that he needed the settlement agreement in order to make payment. It was not clear from the check whether the payment was for settlement with Dr. Harris or other defendants. The trial court denied the motion to dismiss and after conducting a hearing on damages, ordered the Commissioner to pay Black $1 million. The Commissioner appealed.

In considering the motion to dismiss, the Court of Appeals observed that matters outside the pleadings were submitted in support of the motion to dismiss and were relied on by the trial court. In light of this fact, the Court of Appeals, pursuant to T.R. 12(B), treated the motion as one for summary judgment. In a footnote, the court recognized that T.R. 12(B) requires that "all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56." Although no such "opportunity" was given, the court found there was "no prejudice" and proceeded to consider the appeal as a summary judgment case.

The court noted that the Commissioner's position on the motion required him to prove a negative?-that there was no settlement with Harris for $250,000. In Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), the Indiana Supreme Court rejected the view that a party seeking summary judgment could simply point to the opponent’s burden of proof at trial and prevail unless the non-movant produced evidence supporting its claim or defense. This ruling has for many years been perceived as being at odds with Celotex, in which the U.S. Supreme Court reached a different conclusion under the federal rules. In 2000, Justice Boehm, in dissenting from a denial of transfer in Lenhart Tool & Die, Inc. v. Lumpe, 722 N.E.2d 824 (Ind. 2000), expressed the view that a party who puts forward evidence that a non-movant will be unable to present evidence to prove an essential element of its claim or defense, should be entitled to summary judgment if the non-movant fails to present such evidence. In Black, the Court of Appeals held: "Today, we accept Justice Boehm's views on this subject expressed in his dissent."

Having adopted this new standard, however, the Court of Appeals found that in this case, based on the unauthenticated check and the settlement correspondence, there was a genuine issue of fact as to whether a $250,000 settlement on Black’s claim against Harris had been accomplished. So, the Commissioner was not entitled to summary judgment. Black was also not entitled to a judgment on his claim since it was not clear that the required settlement with Harris for $250,000 had been consummated.

The Court held that the Commissioner is entitled to discovery of the settlement agreement and that the confidentiality term in the settlement agreement would not trump the Commissioner's right to such discovery. The case was reversed and remanded for further proceedings.


BP 'ready for long court battle over Gulf spill'
Top Legal News | 2012/02/27 18:26
BP chief executive Bob Dudley said the company is able to fight a lengthy court battle over the 2010 oil spill in the Gulf of Mexico.

Dudley, who took control of BP in October 2012 after former chief executive Tony Hayward resigned amid criticism over the way he had handled the oil spill, told the Sunday Telegraph that BP can continue to function even if the court case that begins in New Orleans today continues for years.

"We have to remember we are a business that invests in decade-long cycles," he said.

"For the vast majority of people now at BP, the company is back on its feet and it is starting to move forward," he said.

BP has set aside US$40 billion to deal with fines and associated costs of the April 20, 2010 blowout of BP's deepwater Macondo well which killed 11 workers and injured 17. The burning drilling rig Deepwater Horizon toppled and sank to the Gulf floor, where it sits today.

It took engineers 85 days to permanently cap the well.

By then, more than 750 million litres of oil leaked from the well and had covered much of the northern half of the Gulf of Mexico endangering fisheries, killing marine life and shutting down offshore oil drilling operations.

President Barack Obama called the BP spill "the worst environmental disaster the nation has ever faced."

Dudley said BP had improved safety standards on its rigs, five of which are working again in the Gulf of Mexico, and that the company was still committed to deepwater drilling.

"We had a choice whether or not to back away from the offshore industry and the deep water industry but we have a lot of great strengths in this area and so, rather than move away, we have gone in with even more commitment, more time and more people, more expertise," he said.


British arms-to-Iran suspect faces Texas court
Court Center | 2012/02/27 18:25
A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.

Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.

The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.

Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail.


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