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Menzer & Hill, P.A. Announces Investigation
Press Release | 2010/09/08 09:26
The Securities Arbitration Firm of Menzer & Hill, P.A. Announces Investigation Into The Sales Practices Of Broker-Dealers That Solicited Purchases of Inverse and Leveraged Exchange-Traded Funds (ETFs)

The Securities Arbitration Firm of Menzer & Hill, P.A. (www.suemyadvisor.com) announced today that it is investigating the sales practices of brokerage firms that solicited investors to buy leveraged and inversed Exchanged-Traded Funds (“ETFs”). Many brokerage firms, through their financial advisors, are soliciting purchases in these securities as investments, with holding periods longer than one day, while others are recommending option strategies on the underlying ETFs. The Financial Industry Regulatory Authority (“FINRA”), stated in a Regulatory Notice, sent to brokerage firms June 2009, that leveraged and inverse ETFs are “highly complex financial instruments” and “are typically not suitable for retail investors who plan to hold them for more than one trading [day], particularly in volatile markets.” Brokerage firms that failed to adhere to suitability requirements could be held liable to investors that sustained losses in solicited purchases of leveraged and inverse ETFs as a result.

Investors that have purchased leveraged or inverse ETFs through a brokerage account or managed account offered by Merrill Lynch, a subsidiary of Bank of America (NYSE:BAC), Morgan Stanley Smith Barney (NYSE:MS), Wells Fargo Advisors (NYSE:WFC), Ameriprise Financial (NYSE:AMP), UBS (NYSE:UBS), LPL Financial, Raymond James (NYSE:RJF), Edward Jones, or other brokerage firms and have sustained losses should contact the attorneys at the Securities Arbitration Firm of Menzer & Hill, P.A. to determine if they have a claim for a recovery of losses.

Leveraged and inverse ETFs can be volatile and investors may have realized or unrealized losses in the following ETFs year to date, including but not limited to:

DRV down 63% (NYSEArca: DRV);
TMV down 46% (NYSEArca: TMV);
VXX down 44% (NYSEArca: VXX);
SRS down 43% (NYSEArca: SRS);
ZSL down 42% (NYSEArca: ZSL);
GAZ down 38% (NYSEArca: GAZ);
TZA down 36% (NYSEArca: TZA);
UNG down 35% (NYSEArca: UNG);
TBT down 34% (NYSEArca: TBT);
FAZ down 29% (NYSEArca: FAZ); and
UCO down 28% (NYSEArca: UCO).

For a free case evaluation or to discuss any other investment losses, please contact the Securities Arbitration Firm of Menzer & Hill, P.A., at 888-923-9223, or visit us on the web at www.suemyadvisor.com.

Menzer & Hill, P.A.
Gary Menzer, 888-923-9223
www.suemyadvisor.com



Armstrong Teasdale Adds Three New Associates
Press Release | 2010/08/23 08:57

Armstrong Teasdale LLP announces the arrival of associates Irina Sandler, Lauren Ashley Smith, and Adam R. Wuller.

“The subtle shift in the economy has brought about additional business and afforded us the opportunity to add talent,” said Michael A. Chivell, Armstrong Teasdale’s managing partner. “As we position Armstrong Teasdale as a premier firm in this region, we’ll continue to place a premium on attracting exceptional attorneys in key practice areas.”

Former legal counsel at the affiliate of Emerson Electric in Moscow, Irina Sandler joins the firm’s International practice group and will focus on international trade, import and export controls, Foreign Corrupt Practices Act (FCPA) and antitrust compliance. She earned her LL.M. in Intellectual Property and Technology Law from Washington University School of Law, was an Edmund S. Muskie Graduate Program Fellow at the University of Illinois College of Law, and received her Degree in Law from Russian Law Academy of the Russian Ministry of Justice.

Lauren Ashley Smith, a recent law school graduate, is a member of the firm’s Public Finance and Real Estate, and Financial Services practice groups. Drawing on her research and scholarship in land use, and state and local government law, she will focus on public/private real estate development and municipal finance. Additionally, Smith will assist lenders and other creditors seeking to maximize their recovery against debtors in litigation, liquidation, reorganization, and bankruptcy including all aspects of post-judgment collection efforts. She earned her J.D. from Washington University School of Law and her B.A. from Marquette University.

Adam R. Wuller, also a recent graduate, is a registered patent attorney with the U.S. Patent and Trademark Office and joins the firm’s Intellectual Property practice group. The majority of his work will involve the preparation and prosecution of U.S. and foreign patent applications in a wide range of technical disciplines, including mechanical and medical devices. Wuller received his J.D. from Saint Louis University School of Law and his B.S. in engineering physics from the University of Illinois at Urbana-Champaign.



Law Firm Websites - Radio’s Deadly Stunts
Press Release | 2010/08/17 19:26

The Insider Exclusive presents: “Radio’s Deadly Stunts- The Jennifer Strange Story.” We go behind the headlines with Roger Dreyer of Dreyer Babbich Buccola Wood, LLP, the Strange family’s lead attorney, to uncover the real facts of why this 28-year-old mother of three, needlessly died of Hyponatremia (water intoxication) in this tragic incident. And joining Roger is a former contestant from the very same incident that resulted in Jennifer’s death, as well as two jurors from this case.

The jury awarded Billy Strange and his family $16.5 million dollars for the wrongful death of his wife, Jennifer Strange. And, after the verdict, Roger Dreyer stated that this kind of verdict sends an important message to media organizations across the nation: From day one, we have wanted to make certain that the media in the nation, particularly radio media . . . understand they cant have these kinds of contests without taking necessary steps to research them and educate the people participating. And what stronger message could we possibly want than that? Roger A. Dreyer has tried in excess of 100 jury trials to conclusion with over twenty of those trials exceeding seven figures.

He has represented a diverse client base ranging from the poor to the National Football Leagues Oakland Raiders and Al Davis in their successful trial verdict over the Oakland Alameda County Coliseum in 2003. He has been recognized by his peers as the Trial Lawyer of the Year for the State of California in 2004 and as one of the Top 100 Super Lawyers of Northern California, the only such personal injury trial attorney in the Sacramento region to be so recognized. He has achieved resolution of cases for his clients exceeding 100 million dollars, including more than 100 verdicts and settlements exceeding seven figures. He specializes in catastrophic losses and wrongful death matters.

Roger is also involved in community activities and since 1998, has served as the former Chair of the Board and as a current Board member for the Child Abuse Prevention Council of Sacramento as well as spending time managing Little League and coaching soccer for the past 12 years in which his four children participate. He was recognized in 2002 by the Non-profit Resource Center, Sacramento Metro Chamber of Commerce as the Outstanding Board Leader. Dreyer Babbich Buccola Wood, LLP specializes in the full range of personal injury and wrongful death cases, including vehicle accidents, dangerous products, job-related injuries, construction accidents, dangerous roadways, and trucking accidents. The firm’s attorneys are diverse people from varied backgrounds. The firm has also established a distinguished and consistent track record of successful injury victim representation spanning over 20 years.

You can contact Roger Dreyer at 916-379-3500, or www.dbbc.com



David Boies Urges ABA Members
Press Release | 2010/08/06 08:53

David Boies challenged America’s lawyers to “bring the rule of law to its full fruition here in this country … to fulfill the goals and lofty rhetoric of our founding fathers,” as the keynote speaker at the Opening Assembly of the 2010 ABA Annual Meeting in San Francisco.

The rule of law was the assembly theme, as ABA members gathered in the Herbst Theater of the War Memorial Veterans Building, site of the signing of the charter of the United Nations in 1945.  

President Carolyn B. Lamm pointed to ABA efforts from activities of the Section of International Law to such projects as the Central European and Eurasian Law Initiative, the Rule of Law Initiative and the World Justice Project as advancing United Nations goals to spread democracy based on law around the world.

Boies, co-counsel with Ted Olson in winning a federal district court ruling Wednesday that overturned California’s Proposition 8, cited “numerous challenges to the rule of law in our own country,” in applying that theme at home.

When our nation was born, it consisted of “wes” and “theys,” Boies said, with the “wes” being white male property owners and the “theys” comprising everyone else.  As the national history unfolded, the circle of “wes” expanded to encompass more and more segments of society.  

“We have an opportunity to expand the circle of ‘wes’ until there are no more ‘theys,’” said Boies, urging lawyers to work toward ensuring that “liberty and equality and protection of individual rights is something that every citizen equally enjoys.”

To achieve that goal, Boies identified four challenges confronting his audience.

First, he suggested the rule of law works best when adversaries have equivalent resources, whether those resources are plentiful or sparse.   But the “time when our system tends to break down is when one party has tremendous resources and the other party does not.”  Those are the times that “threatened to undermine the protections of the rule of law… [and lawyers] need to find ways to reduce the imbalance,” he said.  He urged reducing procedural advantages that favor the “better resourced party,” and urged lawyers to not “use discovery as a war of attrition,” for example. 
   
Second, he called for “better tools to help juries” decide important but complex cases, such as allowing jurors to ask questions and take notes on testimony.

His third challenge was to “improve judges and the judicial machinery,” citing a “crisis in terms of financing the justice system in the United States.”  First year associates in his law firm are paid higher salaries than federal district court judges, and state court judges earn even less, he said.  “If we can’t afford to spend a fraction of what we are spending to expand that system to Iraq, something is wrong with our sense of priorities,” he maintained.  

All lawyers must stand up for the independence of judges, resisting threats to their safety when they make unpopular decisions, said Boies, noting that there already have been threats to harm the judge who  ruled in the Proposition 8 litigation.

Boies’ cited predictably equal application of the law without regard to the identity of the parties as the final challenge to the rule of law, saying that when rights depend on who is asserting them, “the rule of law is undermined.”



ABA TO HOST CYBER SECURITY DISCUSSION
Press Release | 2010/08/03 08:53
Computers and networks have brought an entire world into our homes and law offices. As it turns out, the world is full of thieves, spies and hostile armies.  What are the risks of cyber “insecurity,” and what can we do about them?

Answers to this question and more will be provided during an upcoming program sponsored by the American Bar Association.  The program will be held as part of the association’s Annual Meeting, which begins Thursday.

Who:        Stewart A. Baker

                Former assistant secretary for Policy, Department of Homeland Security

What:       “Cyber Security, Law and Liability — Thieves, Spies and Hostile Armies”

                Sponsored by the ABA Standing Committee on Law & National Security

When:       Friday, 3:45 p.m. — 5:15 p.m.

Where:       Moscone West Convention Center

     Room 2022, Second Floor

     747 Howard St.

     San Francisco

Joining Baker in the discussion will be Elizabeth Rindskopf Parker, dean and professor of law, University of the Pacific McGeorge School of Law, and former general counsel, CIA; Robert Knake, International Affairs Fellow, Council on Foreign Relations, and co-author of Cyber War; and

Harvey Rishikof, professor of law and national security studies at the National War College, and former legal counsel to the deputy director of the FBI.

What will happen if the government makes it easier for federal agencies to demand that companies release personal electronic communications of persons who are part of a terrorism investigation?  Baker answered that question in The Washington Post (7/29). 

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.



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