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2nd campaign aide to DC mayor pleads guilty
Law Firm News | 2012/05/26 16:05
For the second time in three days, a former campaign staffer to District of Columbia Mayor Vincent Gray has pleaded guilty to a federal offense arising from Gray's 2010 mayoral bid.

Howard Brooks pleaded guilty Thursday to lying to the FBI about payments he made to another mayoral candidate using Gray campaign funds. On Tuesday, former Gray aide Thomas Gore pleaded guilty to making some of the same payments and shredding records of them.

Authorities said the cases makes clear that the Gray campaign engaged in dirty politics.

Today's guilty plea further reveals the underhanded dealings that tainted the integrity of the 2010 mayoral campaign, U.S. Attorney Ronald Machen said in a statement.

What remains unclear is whether Gray participated in or even knew about the criminal activity. While Gray has suffered politically from the scandal, he has not been implicated in any crimes. He has insisted previously during a long-running federal probe that he knew nothing about the potential misdeeds committed by staffers.

The most serious offenses that arose from the cases against Gore and Brooks occurred after Gray took office and involved attempts to conceal the Gray campaign's schemes. Gore pleaded guilty to shredding records of payments made with Gray campaign funds to Sulaimon Brown, a minor mayoral candidate. And Brooks admitted lying to the FBI about his involvement in giving Brown the money.


Court: Families cannot sue over loan discount fee
Law Firm News | 2012/05/24 16:04
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.

The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.

A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.

The law says no person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.

The argument is over whether that law prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it, said Justice Antonia Scalia, who wrote the opinion.


Texas high court orders state to pay ex-inmate $2M
Law Firm News | 2012/05/18 22:32
The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.

Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.

The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.

Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.

The floodgates are not opening, but what this will do is give a fair shake to people who are innocent, Blackburn said. This is a major step forward in terms of opening up and broadening the law of exoneration in general.

Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity.


Chinese court seeking to mediate iPad dispute
Law Firm News | 2012/04/30 09:26
A Chinese court is mediating between Apple Inc. and the Chinese company challenging its right to use the iPad trademark, seeking to get the companies to settle an awkward standoff over the issue.

The Guangdong High Court in southern China, is seeking to arrange a settlement, said Ma Dongxiao, a lawyer for Proview Electronics Co. The court on Feb. 29 began hearing Apple's appeal of lower court ruling that favored Proview in the trademark dispute.

It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so, Ma said Monday.

China has sought to showcase its determination to protect trademarks and other intellectual property, but with hundreds of thousands employed in the assembly of Apple's iPhones and iPads is unlikely to want to disrupt the company's production and marketing in China.


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