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Appeals court affirms oil company polar bear rules
Attorneys News | 2012/08/24 21:59
Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.

A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.

"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.

The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.

The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.


Court denies Loughner's request for rehearing
Attorneys News | 2012/06/09 07:16
An appeals court rejected a request by lawyers for the man accused of shooting former Rep. Gabrielle Giffords to rehear their arguments over their mentally ill client's forced medication with psychotropic drugs.

Attorneys for Jared Lee Loughner had asked the 9th U.S. Circuit Court of Appeals for a rehearing after the court in March denied their request to halt their client's forced medication.

The court on Tuesday denied the request to hear the appeal again.

Loughner has pleaded not guilty to 49 charges stemming from the January 2011 shooting in Tucson that killed six people and wounded former U.S. Rep. Gabrielle Giffords and 12 others.

The trial court judge on the case has set a June 27 hearing in Tucson to consider whether Loughner is mentally fit to stand trial.


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.


Securities Litigation Attorney - Robert L. Herskovits
Attorneys News | 2012/02/01 17:38
New York FINRA Arbitration & Securities Litigation Attorney

Robert L. Herskovits

Robert concentrates his practice in the areas of securities litigation and regulatory enforcement matters. Robert routinely advises broker/dealers, industry professionals and investors in varied litigation, arbitration and regulatory matters relating to the securities industry. Robert is certified as an arbitrator for FINRA, AAA and the NFA and formerly served as in-house counsel for an NYSE-member broker/dealer.

Prior to forming Herskovits PLLC, Robert was a partner with Gusrae Kaplan Nusbaum PLLC for more than five years.

Robert received a JD from the Benjamin N. Cardozo School of Law and a BA from Syracuse University. Robert is admitted to practice in the State of New York and before various federal courts, including the U.S. District Court, Southern District of New York, U.S. District Court, Eastern District of New York, the U.S. Court of Appeals, 2nd Circuit, and the U.S. Supreme Court.

An active participant in the bar, Robert is the Co-Chair of the Committee for Securities and Exchanges of the New York County Lawyers' Association. Robert's accomplishments were recently recognized by Thomson Reuters' "Super Lawyers", which designated Robert as a 2011 Rising Star in business litigation.

Practice Areas

•Securities Litigation and Arbitration
•Securities Industry Regulatory Defense
•Broker-Dealer Advisory Services
•Securities Industry Employment Litigation
•Commercial Litigation

Address

1065 Avenue of the Americas
27th Floor
New York, New York 10018

Contact:
Tel: (212) 897-5410
Fax: (646) 558-0239


SC attorney's bankruptcy case headed to court
Attorneys News | 2011/09/20 15:53
A bankruptcy trustees for an attorney well known for his television commercials and highway billboards will ask a court to convert the case to a straight liquidation, saying the lawyer is unlikely to be able to repay his creditors.

The Sun News of Myrtle Beach reported that trustee Robert Anderson says he'll ask a judge to convert the case of Harry Pavilack from a Chapter 11 reorganization to a Chapter 7 liquidation. A hearing is scheduled for Monday in Charleston.

Anderson says Pavilack will never be able to pay off the almost $73 million that he owes creditors. His case is one of the largest personal bankruptcies ever in Horry County. His debt is mostly related to real estate deals.


W.Va. lawyer nominated to federal appeals court
Attorneys News | 2011/09/09 15:57
President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.

Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.

Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.

She also served as an assistant federal prosecutor and worked for the state attorney general's office.

The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.

The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia.


Trial won't feature unreleased Jackson footage
Attorneys News | 2011/07/25 16:01
Jurors in the Michael Jackson manslaughter case will not watch previously unseen footage from the singer's final rehearsals to determine the state of his health before his death, a judge ruled Monday.

Superior Court Judge Michael Pastor agreed with the characterization of a defense attorney for Dr. Conrad Murray that more than 100 hours of rehearsal footage condensed into the film "This Is It" did not show the singer in poor health.

Pastor also agreed with attorneys for Sony Pictures Entertainment that the clips have significant value and should not be publicly shown without a good reason.

"There is absolutely nothing in those materials that could have been of assistance to the defense," Pastor said.

The judge reviewed several hours of the footage last week then canceled plans to travel to Sony Studios over the weekend to finish watching the rest of the film that attorneys wanted to use during the upcoming trial of Murray.


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