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Los Angeles jeweler pleads guilty in KPMG case
Attorney News | 2013/05/20 20:17

The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.

Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.

"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.

Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.

In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.

London, 50, who was fired from KPMG, also is charged with conspiracy and is scheduled to be arraigned next week.


High court rules for Monsanto in patent case
Attorney News | 2013/05/15 07:24

The Supreme Court said Monday that an Indiana farmer violated Monsanto Co.'s patents on soybean seeds resistant to its weed-killer by growing the beans without buying new seeds from the corporation.

The justices unanimously rejected the farmer's argument that cheap soybeans he bought from a grain elevator are not covered by the Monsanto patents, even though most of them also were genetically modified to resist the company's Roundup herbicide.

While Monsanto won this case, the court refused to make a sweeping decision that would cover other self-replicating technologies like DNA molecules and nanotechnologies, leaving that for another day. Businesses and researchers had been closely watching this case in hopes of getting guidance on patents, but Justice Elena Kagan said the court's holding Monday only "addresses the situation before us."

In a statement, Monsanto officials said they were pleased with the court's ruling.


Court continues order targeting voter intimidation
Attorney News | 2013/01/15 06:52

The Supreme Court has turned down an effort by the Republican National Committee to end a 30-year-old court order aimed at preventing intimidation of minority voters.

The justices did not comment Monday in rejecting an appeal of lower court decisions that left the order in place at least until 2017.

The order stems from a lawsuit filed by Democrats in New Jersey in 1981 that objected to a "ballot security" program the RNC ran in minority neighborhoods.

Republicans said the order hampers efforts to combat voter fraud, but U.S. District Judge Dickinson Debevoise said voter intimidation remains a threat and preventing it outweighs the potential danger of fraud.

The court action is unrelated to legal challenges to Republican-inspired voter identification laws in the 2012 campaign.


Court: Hutterites must pay workers' compensation
Attorney News | 2013/01/09 05:25

A sharply divided Montana Supreme Court has ruled that forcing a Hutterite religious colony to pay workers' compensation insurance for jobs outside the commune is not an unconstitutional intrusion into religion.

The 4-3 decision upholds a 2009 law requiring religious organizations to carry workers' compensation insurance, which the Legislature passed after businesses complained they could not outbid the religious workers.

The Big Sky Colony of Hutterites in northwestern Montana sued, saying the law targeted its religion and infringed on its beliefs. Its members have no personal property and make no wages as part of their communal life, which is central to their religious beliefs, and a member can't make a claim against the colony or take money for himself without risking excommunication.

The Hutterites are Protestants similar to the Amish and Mennonites who live a life centered on their religion. But unlike the others, Hutterites live in German-speaking communes scattered across northern U.S. states and Canada. They are primarily agricultural producers but have expanded into construction with success because they can offer lower job bids than many private businesses.

Justice Brian Morris, writing for the majority, said the workers' compensation requirement does not interfere with the Hutterites' religious practices but only regulates their commercial activities like any other business.


High Court to decide how logging roads regulated
Attorney News | 2012/12/11 07:05

The U.S. Supreme Court will decide whether to switch gears on more than 30 years of regulating the muddy water running off logging roads into rivers.

At issue: Should the U.S. Environmental Protection Agency keep considering it the same as water running off a farm field, or start looking at it like a pipe coming out of a factory?

The case being heard Monday in Washington, D.C., was originated by a small environmental group in Portland, the Northwest Environmental Defense Center.

It sued the Oregon Department of Forestry over roads on the Tillamook State Forest that drain into salmon streams. The lawsuit argued that the Clean Water Act specifically says water running through the kinds of ditches and culverts built to handle storm water runoff from logging roads is a point source of pollution when it flows directly into a river, and requires the same sort of permit that a factory needs.

"We brought this out of a perceived sense of unfairness," said Mark Riskedahl, director of the center. "Every other industrial sector across the country had to get this sort of permit for stormwater discharge," and the process has been very effective at reducing pollution.

The pollution running off logging roads, most of them gravel or dirt, is primarily muddy water stirred up by trucks. Experts have long identified sediment dumped in streams as harmful to salmon and other fish.

The center lost in U.S. District Court in Portland, but won in the 9th U.S. Circuit Court of Appeals in San Francisco. The Oregon Department of Forestry and Georgia Pacific-West appealed to the Supreme Court, and 31 states threw in with them.


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