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Cheney Has Discretion Over Records
Politics |
2009/01/20 09:16
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A federal judge in Washington, D.C., ruled that, despite the government's "constantly shifting positions," a coalition of historians and archivists were unable to prove that outgoing Vice President Dick Cheney and his office staff intended to illegally destroy records at the end of his eight-year term.
U.S. District Judge Colleen Kollar-Kotelly said she was "bound to apply the Presidential Records Act (PRA) as Congress enacted it, which provides only narrow areas of oversight relating to the Vice President's document preservation decisions."
Plaintiffs, led by the Citizens for Responsibility and Ethics in Washington, accused Cheney of changing the definition of vice-presidential records, which would allow his office to destroy records that were supposed to be preserved.
Judge Kollar-Kotelly first determined that the PRA does not preclude judicial review of the plaintiffs' claims.
"The court finds that it 'borders on the absurd' to believe that Congress statutorily defined Vice-Presidential records and required the Vice President to implement steps to preserve them, but denied any judicial review to prevent the Vice President from using a different definition for Vice-Presidential records," Kollar-Kotelly wrote.
She then ruled that although the plaintiffs brought "legally cognizable" claims under the Mandamus Act and the Declaratory Judgment Act, she was required to rule for the defendants.
The plaintiffs deposed a senior White House aide, who testified that Cheney and his office were fully complying with their obligations under the PRA.
"Plaintiffs were unable to rebut this representation through their discovery," Kollar-Kotelly wrote. "The Court therefore has no basis on which to award Plaintiffs relief against the Vice President and the Office of the Vice President."
She dismissed claims against the Executive Office of the President, because it was not in charge of document classification or preservation.
"It is clear, as Defendants emphasize, that the Vice President has discretion concerning the decision to create or dispose of Vice-Presidential records, and even how he chooses to preserve them."
Kollar-Kotelly also dismissed the plaintiffs' claims against the U.S. Archivist and the National Archives & Records Administration, because they have limited roles during the vice president's term in office.
The decision vacates a September 2008 order requiring the defendants to preserve the records while the case was pending. |
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Shuman Law Firm Investigates Advanced Med Optics
Attorney News |
2009/01/13 09:09
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The Shuman Law Firm today announced that it is investigating potential breaches of fiduciary duty in connection with the proposed acquisition of Advanced Medical Optics, Inc. ("Advanced Medical Optics" or the "Company") (NYSE:EYE).
On January 12, 2009, Advanced Medical Optics announced their intent to sell the Company to Abbott Labs, Inc. (NYSE:ABT). Under the terms of the merger agreement, Advanced Medical Optics shareholders would receive $22 per share in cash for a total sale price of approximately $1.4 billion. Advanced Medical Optics is a leader in LASIK vision correction surgery and surgical contact lenses. One analyst noted that the Company was a "depressed, distressed asset, not so much because of the product portfolio, but because of under-management and a cyclical, tough environment for Lasik." Advanced Medical Optics stock had traded at more than $22 per share within the past four months.
If you currently own Advanced Medical Optics common stock and would like a free consultation concerning your rights and interests, please contact Kip Shuman, Esq. or Rusty Glenn, Esq. toll-free at 866-974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.
The Shuman Law Firm represents investors throughout the nation, concentrating its practice in securities class actions and shareholder derivative litigation. |
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Four Potter Anderson Attorneys Recognized in The International Who's Who of Corporate Governance Lawyers 2009
Uncategorized |
2009/01/08 14:24
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Attorneys of the law firm of Potter Anderson & Corroon LLP have been selected as among the top corporate governance lawyers in the country by Law Business Research Limited. Partners Michael D. Goldman, Michael A. Pittenger and Donald J. Wolfe Jr. and of counsel Robert K. Payson, were selected for the Who’s Who Legal publication, The International Who’s Who of Corporate Governance Lawyers. The attorneys are members of the firm’s Corporate Group.
The publication identifies private practice lawyers with a proven track record in providing corporate governance advise to boards of directors and substantial privately held entities in connection with corporate disclosure governance and policy issues, as well as dealing with new laws, regulations, stock exchange rules and governance principles.
Research is conducted by Law Business Research Limited, a publisher of research, analysis and reporting on international business law and policy and the business of international law. In 2004, Law Business Research Limited became the official research partner of the International Bar Association, in 2006 it won the Queen's Award for Enterprise and in 2008 it became the strategic research partner of the American Bar Association's Section of International Law. |
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John Q. Kelly on Natalee Holloway Case - Fox News
Headline Legal News |
2009/01/05 14:18
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Natalie Holloway Attorney John Q. Kelly
GRETA VAN SUSTEREN, FOX NEWS HOST: And, finally, the Aruban prosecutor Hans Mos, responds. John Q. Kelly, the Holloway family attorney, has been trying to get Aruban prosecutor Hans Mos on the phone. Mos did leave him a rather nasty voicemail the other day. But now Hans Mos has responded to a letter from Kelly.
So what did Mos say in this response? John Q. Kelly joins us. John, what did he say?
JOHN Q. KELLY, HOLLOWAY FAMILY ATTORNEY: It's basically two-fold. One is that Joran [van der Sloot] has given different versions of the same event, so they can't be bothered with it.
And, two, they have no interest in any evidence or information that might assist him at this point.
VAN SUSTEREN: That is cute. The key is if you want to commit a crime, go to Aruba and tell three stories, because they will not investigate you and they won't look to corroborate. That's lesson number one. That's good advice.
You ask to have him arrested. What happens about that?
KELLY: He said we have no basis for it. This is the first time we have had any information that has been corroborated. He says he father was engaged in a cover-up, and it turns out that the chief of police and Paulus [van der Sloot], it has been confirmed that they hindered the prosecution. We have taped conversations that confirmed the boys talking about hoping that Natalee, or fearing that she may be alive. There are cell phone pings as to locations of Joran down by the fisherman's hut. There are all kinds of things independently that confirm what Joran is saying now, and they just won't listen.
VAN SUSTEREN: I know that he doesn't like us here at "On the Record." And I will make this promise tonight-we will stop being the monkey on his back if he does any investigation at all.
But I can tell you one thing. We have learned new information that a member of the Dutch parliament, Hero Brinkman, he is about to raise holy hell on Hans Mos. He is going down to Aruba in early January.
And if Hans Mos does not like us, wait until he gets a hold of this member of parliament, because he says that Aruba is "corrupt as hell" I think were his words, not mine.
KELLY: Greta, can I take you to the woodshed on one thing? I think people have to understand that even thought it was five months before your aired your interview with Joran that Hans Mos was made aware of it and the substance of it in great detail almost immediately, and he had no interest in following.
Read the entire interview at Fox News - Click Here |
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Grocery Wholesaler in Federal Antitrust Action
Topics in Legal News |
2009/01/05 08:48
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The nation's two largest grocery wholesalers, Supervalu and C&S Wholesale, conspired to allocate territories, restrain competition and inflate prices, according to a federal antitrust class action. Gary's Foods claims the defendants competed until 2003, when Vermont-based C&S decided to go after Supervalu territory in the Midwest.
"Rather than extend their competition to the Midwest or continue to compete in New England, the Defendants conspired to allocate territories: Supervalu agreed to
exit New England in return for C&S's commitment not to enter Wisconsin, Iowa, and other states in the Midwest," the complaint states. "This scheme has caused substantial harm to retailers: prices for wholesale sales and services have been inflated, fewer manufacturer discounts have been passed on to retailers, and the supply of wholesale sales and services has been artificially reduced."
The two defendants have combined annual revenue of $28 billion,according to the complaint. Gary's also claims the defendantsfraudulently concealed their conspiracy. Gary's demands treble damagesand punitive damages for the class. It is represented by Daniel Kotchenwith Kotchen & Low of Washington, D.C. |
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