A federal appeals court agreed Tuesday with a lower court ruling that struck down as unconstitutional a 1998 law intended to protect children from sexual material and other objectionable content on the Internet.

The story from the AP

The opinion...for your reading pleasure...

Today the Legal Broadcast Network rolled out their newest channel, that being The Summit Settlements Channel, the first of several unique or company specific channels and shows that allow settlement and financial professionals to "get in the game" of networking, broadcasting and internet marketing.

You can go check out the brand new channel for Summit by clicking here.

The option to join the site is only open to Summit brokers and staff but you can get an idea of the type of material that Stan Harlan and his brokers will be producing, some of the unique CE presentations that were created at their annual meeting, as well as a glimpse at some of the professional networking options that are available to Summit members.

Obviously, I had a big hand in this as I am both a member of the Summit Settlement general agency and also the chairman of The Legal Broadcast Network, but this is definitely not the last company specific channel we will be rolling out in 2008. What makes it unique in my mind are the following elements:

1. Summit has a full enabled blogging platform built into their channel. Virtually every broker who is part of Summit can create their own professional blog or commentary as part of their membership in this channel.

2. Summit has the ability to create, play and distribute video content on their own private branded network. All of the video created at Summit events, or by Summit members, can now be uploaded to their channel to share with other members or anyone searching for information on that topic.

3. Summit will be producing their own weekly audio podcasts, open to virtually any Summit broker or office, for distribution on their Channel as well as being distributed over the Legal Broadcast Network podcast feed.

4. Each Summit broker can create their own professional networking and media profile, with links to their web sites, publications, blogs, audio and video content, all at no cost.

5. The ability to create and participate in discussion groups and areas of interest to brokers.

In short, what Summit Settlements now has, and what other agencies will soon have are fully enabled audio/video and blogging networks that allow them to publish, broadcast and network material and ideas with brokers and clients. All of this at no cost to the individual brokers at Summit!

If your curious as to how The Legal Broadcast Network is able to leave other networks and broadcasters in the dust when it comes to performance and functionality, all inside the most powerful legal broadcasting network on the web, drop me an email and i'm more then happy to fill you in. In any event, welcome to the new world of marketing for settlement professionals.

(Business Week)  Merck & Co. will start cutting checks for former users of its withdrawn painkiller Vioxx next month after announcing Thursday that it will fund a $4.85 billion settlement expected to resolve roughly 50,000 lawsuits.

The decision marks the beginning of the end of the four-year legal saga, which began when cardiovascular side effects forced Merck to pull Vioxx off the market in 2004, triggering tens of thousands of lawsuits, sullying its once-spotless reputation and forcing out its then-chief executive.

The Vioxx case has cost Merck at least $6.38 billion, including more than $1.53 billion through March 31 on legal costs for defense research and individual trials, most of which it has won.

Vioxx, which was launched in 1999, brought Merck revenue of $2.5 billion at its peak in 2003and $1.3 billion in 2004. Merck has not been disclosing revenue from prior years.

On Thursday, Whitehouse Station, N.J.-based Merck said more than 97 percent of eligible claimants -- 48,550 out of 49,960 -- have enrolled in the settlement program, surpassing threshold levels the company required for the deal to proceed. Therefore, Merck said that on Aug. 4 it will waive its right to walk away from the deal reached with plaintiffs' attorneys last fall.

"I'm just glad that it's almost over," said Evelyn Irvin Plunkett of Palm Coast, Fla., who sued Merck in 2003 over the May 2001 heart attack death of her first husband, Richard "Dickie" Irvin. "It's just been a long, hard fight."

Plunkett's family had gone through a mistrial, then lost to Merck at a retrial and won the right to a third trial before being allowed to join in the settlement. She does not know how much she will receive.

Settlement amounts can run from the minimum of $5,000 up to a few million dollars. Payments will be decided by a complicated formula that factors in how serious a claimant's injury was, how much Vioxx was taken and how many other risk factors the person had.

"Long-term users of Vioxx who had a very severe injury will be well compensated," said lawyer Andy Birchfield, who served on the plaintiffs' steering and negotiating committees.

He said the number of plaintiffs participating shows the settlement is a good one.

Scott Drake and Vanderbilt law scholar Richard Nagareda on the Vioxx settlement and the future of mass torts from December

A Federal jury finds in favor of Mattel over the Bratz Doll.

Podcast ~ Scott Drake's interview with Nicholas Casey from the Wall Street Journal on the details of the lawsuit.

 Coming soon we'll discuss the Wyeth Prempro award reversal with Roberta Ashkin.

An Arizona court says illegal immigrants can be charged with human smuggling for smuggling themselves.

In this weeks edition of Speaking of Justice, Scott Drake is joined by Attorney Shannon Liss Riordan and national tax expert and host of The Tax Law Channel, Attorney Robert Wood to discuss the recent case of Dierdre Keily, an ex web content editor who worked for the well known and hugely popular travel web site, "Trip Advisor" which is a subsidiary of the even larger Expedia travel web site. 

 In this timely and fascinating case and analysis, Rob Wood and Shannon Liss Riordan look into the issue of large web sites and internet firms categorizing professional writers, editors and technical experts as "independent contractors" as opposed to treating them as employees. This exceptionally common practice saves internet based employers a huge amount of money in benefits, insurance and other costs, but is basically a systematic process of outsourcing and isolating their staff.

In her suit on behalf of Ms. Kiely, Attorney Liss Riordan  is challenging Trip Advisor's labor policies over "illegal contractor status"... the story can be read online in the Boston Globe , and this podcast goes into both the legal and tax issues facing employers when they attempt to carelessly categorize staff as independent contractors to avoid employee classification. If you are engaged in a business that uses independent contractors or if you work for an internet based business that insists on classifying you in this fashion, this podcast will be of interest to you.

This is an area of litigation that is going to explode in the coming years and lawyers, employers and tax experts need to pay careful attention to the laws in this area. 

Podcast ~ Scott Drake interviews independent contractor expert Rob Wood and  the attorney representing Kiely Shannon Liss Riordan

ABA Journal  Congress is expected to approve legislation today that updates the Foreign Intelligence Surveillance Act and expands government power to obtain broad foreign intelligence warrants.

Recent reports emphasize the bill’s protection for telecommunications companies that aided the government’s wiretap efforts. But a Wall Street Journal story (sub. req.) says provisions that allow intelligence officials to obtain more sweeping wiretap orders may be more important. They allow broad warrants to wiretap foreign targets whose communications pass through U.S. telecommunications networks.

The story says the law may lead to further expansions of the use of foreign intelligence in criminal cases here. Rules barring sharing of foreign intelligence with U.S. prosecutors have been relaxed since Sept. 11, resulting in dozens of criminal cases. Critics say prosecutors have used permissive wiretap regulations under the law to obtain evidence that would be more difficult to get because of Fourth Amendment protections.

The story mentions two criminal cases based on information obtained under the law. One accuses a

California computer engineer of providing material support to his brother, a member of a terrorist group in the Philippines. The other resulted in what turned out to be mistaken accusations against lawyer Brandon Mayfield, who was initially arrested in connection with the 2004 Madrid train bombings. The government later released Mayfield and apologized for the error.

Podcast  "The Cost of Counter-Terrorism"  Scott Drake and Stanford Law Scholar Laura Donohue

 

 

A  state court jury this week found two major drug companies defrauded Alabama in a long-running Medicaid drug pricing scheme and ordered the firms to pay more than $114 million in damages. 

 

Podcast ~ Scott Drake talks to the state's lead attorney...Jere Beasley (Beasley Allen/Montgomery Alabama) about the victory.

Podcast ~ Other stories we're following...

Podcast

Former CNN anchor Aaron Brown talks about becoming the host of PBS's "Wide Angle" starting tonight...7/1/08

 WIDE ANGLE was created in 2001 as a response to the lack of in-depth international news coverage in the United States. Six years later, WIDE ANGLE is the only program exclusively dedicated to international current affairs documentaries. For each broadcast, producers and journalists from around the globe report on an event, issue or trend through the eyes of the people who are living it day to day. In its first six seasons, WIDE ANGLE traveled to more than 50 countries to explore the forces that are shaping the world today, presenting global stories on a human scale and offering Americans uncommon and invaluable insight into today's interconnected world.

More stories we're following...

The Supreme Court today struck down a sweeping ban on handguns...the full story

 

WASHINGTON — The death penalty is unconstitutional as a punishment for the rape of a child, a sharply divided Supreme Court ruled Wednesday...  Read the story

 

 WASHINGTON — The Supreme Court on Wednesday reduced what had once been a $5 billion punitive damages award against Exxon Mobil to about $500 million.  Read more

 

A summary of decisions from the 2007-2008 term

Washington ~ The Supreme Court ruled for older workers Thursday in a closely watched age discrimination case, placing on employers the burden of proving that a layoff or other action that hurts older workers more than others was based not on age but on some other “reasonable factor.”

 

 Podcast...Roberta Ashkin (The Ashkin Law Firm in New York) comments on the ruling and it's implications.

In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

 

Podcast~Scott Drake's interview with the author... Stanford Law Scholar Laura Donohue 

 

 

THE LEGAL BROADCAST NETWORK NAMES TIM BUTLER CHIEF EXECUTIVE OFFICER and ANNOUNCES FINANCING FROM VENTURE GROUP LED BY MILLER CAPITAL CORPORATION PHOENIX, ARIZONA, June 19, 2008 – The Legal Broadcast Network (LBN) – an internet media company designed to leverage the powerful broadcasting medium of the internet to reach a very specific, high value audience of trial lawyers and other legal professionals announced today that Tim Butler, a seasoned executive with 20+ years experience in fostering the growth of emerging growth companies, has been named its President and Chief Executive Officer.

As President of LBN, Mr. Butler will be responsible for overall operations and the implementation of related strategies associated with the growth plans for the company. Mr. Butler most recently served as Executive Vice President and Chief Operating Officer for DBL Distributing, a large private company with sales of nearly $300 million with approximately 350 employees. DBL, one of the nation’s top distributors of consumer electronics accessories and related products, was sold to Ingram Micro in 2007. Mr. Butler was formerly Vice President of Finance and Administration for the training division of Platinum Technology that was acquired in 1999 by Computer Associates for $3.5 billion, which at the time was the largest software acquisition in history. Mr. Butler holds a degree in Business from North Adams State College and has a Masters degree in Accounting from the University of Massachusetts Amherst. “We are extremely pleased to have Tim Butler join the LBN team as Chief Executive Officer and President. To attract a person with his experience and track record to help guide the company’s growth from its current successful platform is a major milestone for LBN,” Mark Wahlstrom, chairman of Legal Broadcast Network said.

“And, having The Miller Group as our financial advisor and now an equity owner confirms our belief in the relationship we are building with them.” Tim Butler, chief executive officer and president commented, “My past experience is centered in the development of a number of growth oriented technology related companies utilizing my business and financial skill sets. The tremendous opportunity for growth in LBN’s technology and specialized internet media content was a major part of my decision to accept this position. As an LBN executive who was able to participate in the venture capital round of financing for the company, I am excited to be an integral part of building our team and contributing to LBN’s goal to be an industry leader.”

Rudy R. Miller, chairman of Miller Capital Corporation, Scottsdale-based venture capital and financial services firm stated, “Our firm was lead investor regarding the first round of venture equity investment, and Miller Capital Markets, LLC our affiliate FINRA investment banking firm, acted as placement agent for the balance of funding provided to LBN for its next stage growth plan. We have invested in and represented a number of media companies over the years, including JACOR Communications, REGENT Communications, Bowlin Outdoor Advertising and publishers of the Ritz Carlton magazine, as well as being the majority investor in a syndicated television/cable business show – “Wall Street Awareness Network” and numerous other public and private companies. Our firm is pleased to assist LBN in what we consider its excellent opportunities for growth and look forward to advising the company as a meaningful equity holder.”

About The Miller Group The Miller Group, headquartered in Scottsdale, is comprised of several affiliate companies including Miller Capital Corporation (MCC), which offers a broad spectrum of financial advisory and related services to both public and private middle-market companies located throughout the United States. MCC provides services in venture capital and private equity investing, management consulting and business valuations. Miller Capital Markets, a FINRA member firm, is a boutique investment bank that handles merger and acquisition transactions, private placement of equity and debt, and public market advisory services. Miller Investments, Inc. and Miller Management Corporation are also a part of The Miller Group of affiliated companies. A select group of past and present Miller clients include: America West Airlines, Inc., USAir Express, Capital Title Group, Inc., Global Entertainment Corporation, McMurry, Inc., REGENT Communications, Ritz Carlton magazine, Four Rivers Broadcasting, JACOR Communications and ALTA Broadcasting. Visit: www.themillergroup.net

About Legal Broadcast Network The Legal Broadcast Network provides 24/7 access for lawyers, paralegals, law schools, trial lawyer associations and others to draw on the expertise, knowledge and resources of professionals that have been successful in fighting for plaintiffs’ rights by utilizing the power of blogging, video and audio podcasting through the company’s state-of-the-art production studio located in Phoenix, Arizona. The company’s podcasts provide fresh, provocative commentary for lawyers of all areas of practice or specialty with interests in protecting access to the courts for all citizens. With the creation of a low cost but incredibly powerful broadcast medium, LBN makes it possible for the legal community and others to share their expertise, knowledge and resources with other like minded professionals on a national basis. Advocates who struggled to be heard, published or viewed in the past can now partner with LBN studios to create commentary, videoblogs, podcasts and other digital media. LBN has created an open platform to those who are fighting for justice. Visit: www.legalbroadcastnetwork.com

As the presidential election nears, there seems to be no shortage of things to blame on the Bush administration.  One of the many common themes is that Bush's tax reforms have favored the wealthiest Americans and left the lower and middle class to shoulder the biggest burden.  The reality may be different than you think.  A report  from the National Center for Policy Analysis (NCPA), earlier this year, says the Bush tax cuts made the tax code more progressive, no matter how progressivity is measured. In fact, the report concludes that every major tax change (Republican or Democrat) over the past two decades has increased the share of taxes paid by the wealthiest Americans.

"It is politically popular to say that tax cuts benefit the wealthy," said Michael D. Stroup, a Stephen F. Austin University economist who authored the NCPA report. "The accusation does not match the reality."

The progressivity of the tax system can be measured in four ways: (1) the share of taxes paid by different income groups, (2) the share of income paid in taxes, (3) the change in taxes relative to the change in income over time, and (4) a comparison of inequality of income to the inequality of taxes over time.

Looking at the first three measures, the report found that:

• The top 1 percent of income earners pay more than one in every three dollars the IRS collects in taxes. From 1986 to 2004, the total share of the income tax burden paid by the top 1 percent of earners grew from 25.8 percent to 36.9 percent, while the total share of the tax burden paid by the bottom half of earners fell from 6.5 percent to only 3.3 percent.
• During the same period, the percentage of income the top 1 percent of tax filers paid in federal income taxes rose from 18.3 percent to 19.6 percent. By contrast, the percentage of income the bottom fifth of tax filers paid in federal income taxes dropped from 0.4 percent to zero.
• The income share of the top 1 percent rose 7.7 percentage points, from 11.3 percent to 19 percent, while their income tax burden rose even more, by 11 percentage points, from 26 percent to 37 percent.

The final measure compares the inequality of income to the inequality of taxes paid over time among all income groups. This measure is the "progressivity index," and is a numerical representation between 0 and 1. The closer the index value is to 1, the more progressive the tax system. For example:

• From 1990 to 2000, the progressivity index increased from 0.476 to 0.617, during a period where marginal tax rates increased but capital gains tax rates fell.
• From 2001 to 2004, under George W. Bush's tax reforms, the tax progressivity index continued to rise from 0.608 to 0.664.

"Its important when discussing tax reforms to consider how the system reacts, because of the great discretion high earners have in how they earn income and therefore pay taxes," said Stroup. "Bush's reforms have helped diminish the income gap between rich and poor, rather than make it worse."  

Source: ncpa.org

Taxes: How McCain and Obama differ

 

(The Legal Blog Watch)

Lawrence Velvel, Dean of the Massachusetts School of Law at Andover will convene a conference in September to lay plans to prosecute President Bush and other high administration officials for war crimes. "This is not intended to be a mere discussion of violations of law that have occurred," says Velvel in a statement announcing the conference. "It is, rather, intended to be a planning  conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth."

The ends of the earth, in this case, may be Crawford, Texas, where President Bush is likely to be found after his term is up at 1600 Pennsylvania Avenue. The Wild West locale could be the perfect place for such a trial, given the punishment Velvel proposes for anyone who is convicted. "We must insist on appropriate punishments," Velvel said, "including, if guilt is found, the hangings visited upon top German and Japanese war-criminals in the 1940s." Sending administration officials to the gallows, he added, "would be a powerful lesson to future American leaders."

Hangings could be a tough sell, even for a law school dean. Velvel acknowledges as much, noting that past practice has been to allow former presidents and cabinet members to retire to lives of relative peace and prosperity. Not this time, he hopes. In addition to President Bush, others Velvel wants to put on trial include Vice President Richard Cheney, former Secretary of Defense Donald Rumsfeld and former Justice Department lawyer John Yoo. He leaves the final list of war-crimes defendants to be determined at the Sept. 13 and 14 conference, but suggests it could also include federal judges and members of Congress. Other items on the conference agenda: what crimes were committed, where might they be prosecuted, and who will coordinate all this.

Apart from the national and international political implications of all this, there could be local hurdles to overcome. Three citizens of Andover -- the town where MSL is situated -- were among those hanged for witchcraft as part of the 17th century Salem witch trials. These days, however, the town is a chichi Boston bedroom community known as home to equally chichi Phillips Academy. No doubt, any proposal to erect a gallows on the MSL campus might not make it past the local planning board.

Many restaurants today offer low calorie and low fat entrees on their menus to help you make healthier choices. Most of the time, those menu items list out their promised nutritional values beside the entrée.

Scott Drake's interview with Jeff Sharlet about his book..."The Family: The Secret Fundamentalism at the Heart of American Power"

"The big Christian lobbying groups push and shout; the Family simply surrounds politicians with prayer cells. They don’t try to convert anyone. They don’t ask for anything. They’re as patient as a glacier. … Coe doesn’t demand doctrinal loyalty only a willingness to do business behind the scenes, and liberals are free to join him in the back room".

 Jeff is a contributing editor for Harpers and Rolling Stone and a founder of the recently retired Killing the Buddha and co-author of the book by the same name. His insatiable curiosity combines with a respect and appreciation of spiritual journeys in writing that never shies away from the hard truths yet never denigrates the believer.

Listen to the podcast 

Scott Drake interviews  former Clinton speechwriter Michael Waldman about his book... "A Return to Common Sense: Seven Bold Ways to Revitalize Democracy"

A Return to Common Sense presents the Brennan Center report on the most critical flaws in our current democratic process and the bold reforms that will revitalize our nation.

• End Voter Registration as We Know It
• Fix Electronic Voting
• Increase Voter Turnout
• Campaign Finance Reform
• End Partisan Gerrymandering
• End the Electoral College
• Curb the Imperial Presidency and Fix Congress

DAVID LEOPOLD, Vice President, American Immigration Lawyers Association to discuss the ramifications of the Iowa meat packing plant raid on current immigration law.

 

Listen to the podcast 

Toy companies Mattell and MGA have filed lawsuits over the rights to the "Bratz" doll.  Mattell says doll creator, Carter Bryant, developed the idea while working for Mattell.  MGA  takes in $500 million annually from the line.

Scott Drake talks with Nicholas Casey who is covering the story for the Wall Street Journal.