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Court says FOIA request cannot be used in lawsuit
Headline Legal News |
2011/05/14 08:52
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The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.
The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.
Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.
But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.
The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.
Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.
Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor. |
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Cisco earnings down 18 percent in 3Q
Stock Market News |
2011/05/13 09:29
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Cisco, the world's largest maker of computer networking gear, says net income declined nearly 18 percent in the latest quarter, as costs kept pace with a sales increase.
The company earned $1.8 billion, or 33 cents per share, in the fiscal third quarter, which ended in April. That compared with earnings of $2.2 billion, or 37 cents per share, a year ago.
Excluding the cost of stock-based compensation, amortization and asset impairments, earnings were 42 cents per share, unchanged from last year. Analysts polled by FactSet expected earnings of 37 cents per share on that basis.
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AIG, Treasury offering 300M shares worth $9B
Headline Legal News |
2011/05/13 09:29
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Bailed-out global insurance company American International Group Inc. and the federal government are offering to sell a total of 300 million AIG shares to the public.
The stock sale would be a big step by the government toward disentangling itself from the company. The government stepped in to rescue AIG from collapse with $182 billion in 2008 — the biggest bailout of the financial crisis.
AIG and the government didn't specify a price for the shares in a regulatory filing on Wednesday. But 300 million shares of AIG were worth about $8.89 billion at Tuesday's closing price of $29.62.
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LimeWire settles out of court with major record labels
Headline Legal News |
2011/05/13 09:28
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File-sharing software company LimeWire, which shut down last year after being barred from allowing people to share copyright-protected files online, reached a $105 million out-of-court settlement with the major record labels Thursday, the labels said.
In a statement, Recording Industry Association of America Chairman Mitch Bainwol said his group, which represents the labels, is pleased with the settlement.
“The resolution of this case is another milestone in the continuing evolution of online music to a legitimate marketplace that appropriately rewards creators,” he later added.
LimeWire, which had enabled people to share songs and other files over the Internet, had been fighting the RIAA for several years.
The RIAA argued LimeWire’s software encouraged illegal sharing of copyrighted music. Last May LimeWire was found liable of copyright infringement, with a trial to follow early this year. That trial started last week.
In October, LimeWire received a federal injunction forcing it to disable key functions of its software. At that time, the company said it would continue developing a new service that would include a desktop player, mobile apps and a catalog of music from which people could legally stream and download songs.
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Hedge fund founder convicted in inside-trade case
Court News |
2011/05/12 09:28
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A former Wall Street titan was convicted Wednesday of making a fortune by coaxing a crew of corporate tipsters into giving him an illegal edge on blockbuster trades in technology and other stocks — what prosecutors called the largest insider trading case ever involving hedge funds.
Raj Rajaratnam was convicted of five conspiracy counts and nine securities fraud charges at the closely watched trial in federal court in Manhattan. The jury had deliberated since April 25, and at one point was forced to start over again when one juror dropped out due to illness.
Prosecutors alleged the 53-year-old Rajaratnam made profits and avoided losses totaling more than $60 million from illegal tips. His Galleon Group funds, they said, became a multibillion-dollar success at the expense of ordinary stock investors who didn't have advance notice of the earnings of public companies and of mergers and acquisitions.
A New York jury has quietly finished its second week without a verdict in the trial of a one-time billionaire hedge fund founder accused of using inside information to make tens of millions of dollars illegally.
Prosecutors say Rajaratnam used a network of friends and old college buddies to cheat on Wall Street. His lawyers say he only traded based on public information. The replacement of a juror two days ago forced the jury to restart its work.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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