Archive for Litigation
Cyber Insurance
Posted by: | CommentsCyber Insurance Interview with Kerry Tomlinson KATU News
American LegalNet Receives Law Technology News Award
Posted by: | CommentsCompany receives silver award for eDockets in the Docketing and Calendaring Application category by LTN subscribers
PR Log (Press Release) – Dec 16, 2009 – Los Angeles, CA — Los Angeles-based American LegalNet (www.americanlegalnet.com), the premier provider of ‘Desktop to Courthouse’ workflow technologies that reduce risk and minimize cost, today announced they have received a Law Technology News (LTN) award for their eDockets product. The company placed silver in the Docketing and Calendaring Application category.
The awards will be officially handed out during the Seventh Annual LTN Awards cocktail reception on February 1, 2010, at the New York Hilton during LegalTech New York.
“We congratulate the 2009 LTN Award winners, and applaud their creativity and innovations. The awards dramatically illustrate how our community is determined to develop and adopt superb technologies that help legal organizations deliver better, faster and cheaper legal services in these turbulent economic times,” stated Monica Bay, Editor-in-Chief, Law Technology News.
LTN Awards recognize the best technology use – and users – in the legal profession. Law Technology News subscribers voted for eDockets as one of the leading Docketing and Calendaring Applications. eDockets centralizes docket calendaring and includes a comprehensive library of court rules in multiple jurisdictions as well as an Auto Docket® feature for automated calendaring and critical data management.
“We are very honored to receive this award from LTN and their subscribers,” stated Erez Bustan, CEO of American LegalNet. “eDockets is a product that streamlines the workflow within a practice and we are pleased the legal market is seeing the value it brings.”
American LegalNet’s two other products are eFilingPortal and Forms WorkFlow. eFiling Portal standardizes the process of electronic filing with courts and agencies. Forms WorkFlow makes available more than 60,000 forms including official electronic court, corporate, regulatory, and legal forms. It streamlines the management and use of all types of forms. eDockets will work with both Forms WorkFlow and eFilingPortal to track, manage and distribute reminders related to forms and electronic filing based on the calendar and appropriate court rules.
About the Law Technology News Company/Product Awards
In 2009, the editors of Law Technology News asked the publication’s more than 40,000 subscribers to identify products and vendors that represented outstanding achievement in legal technology in 25 categories for its seventh annual awards program. The awards, selected based on subscriber online voting, will be presented at LegalTech New York on February 1, 2010. . Information on the awards and winners will be featured in the March 2010 issue of Law Technology News and on the magazine’s Web site at www.lawtechnologynews.com.
About Law Technology News
Law Technology News provides timely information and insight into the latest technologies, products and services available for the legal marketplace. Each month, the award-winning magazine features new product announcements, as well as monthly articles and columns written by industry experts and senior law firm decisionmakers. LTN is distributed to more than 40,000 selected subscribers and is also available on the Web at www.lawtechnologynews.com. The magazine is published by ALM, a leading provider of specialized business news and information, focused primarily on the legal and commercial real estate sectors.
About American LegalNet
American LegalNet, the premier provider of ‘Desktop to Courthouse’ workflow technologies, has been delivering innovative, high-quality legal products, content and services to enhance workflow efficiency, minimize risk and reduce cost for more than 12 years. American LegalNet provides an industry-leading suite of products: eDockets, Forms WorkFlow and eFiling Portal; and offers a robust menu of supporting professional services. American LegalNet is headquartered in Los Angeles, California. For more information, visit www.AmericanLegalNet.com.
Funding to Help Accused Navy SEAL’s
Posted by: | CommentsAnyone who has had to be involved in any form of litigation will know how financially demanding being in such a situation can be. Support Our SEALs expressed how concerned citizens do not want to deprive the SEALs of good legal help because they cannot afford it. It is for this reason that several legal defense funds have been set up to help with the litigation expenses. Support Our SEALs mentioned the following: Free the SEALs Warrior Defense Fund, Maritime Tactical Security Navy SEALs Fund, US Navy SEAL / Warrior Legal Defense Fund.
The Navy SEALs Fund reports that two sets of checks of $600 dollars each have been sent to the offices of the civilian attorneys representing the SEALs on two occasions, the first on December 21st and the second on January 8th. The US Navy SEAL / Warrior Defense Fund, for its part, reported on December 8th that they have issued the third set of checks of $500 each to the SEALs’ lawyers.
On January 15, Free The SEALs Warrior Defense Fund reported that they have an estimated $10,000 in the bank that will soon be disbursed to the three accused Navy SEALs. In the same update, though, the Warrior Defense Fund shares that there may be a need to consider the expected legal expenses of the individual in determining how the funds should be disbursed, as opposed to simply dividing the money up in thirds. The Fund reports that a “cell” composed of some retired SEALs will assist in assessing and determining the fraction of funds that each SEAL will receive.
With the trials yet to start, efforts to raise funds to defray the SEAL’s legal expenses are still going on. As in any charity, though, anyone who would like to help out should do the necessary research before donating.
Savings cloud risks of outsourcing tech
Posted by: | CommentsAs the popularity of cloud computing increases, companies should be aware of the related liabilities, particularly in the areas of security and data access, experts say.
Cloud computing promises cost savings by allowing companies to outsource their information technology infrastructure by using Internet technology to access hardware and software services. The data may be stored in another state or even another country.
By taking advantage of economies of scale, the cloud computer provider can make available up-to-date software and computer capacity in a highly cost-effective manner. But the risks of such an approach underscore the need for due diligence in selecting a provider and ensuring safeguards, including insurance coverage (see stories, pages 10, 11+).
Many companies are exploring cloud computing to cut costs, observers say…. MORE
Arotech Reaches Settlement in Securities Class-Action Litigation
Posted by: | CommentsJanuary 13, 2010 – Arotech Corporation (NasdaqGM: ARTX) announced today that it has reached an agreement with lead plaintiffs to settle the consolidated putative securities class-action lawsuit originally filed in March 2007 in the United States District Court for the Eastern District of Michigan.
Under the terms of the proposed settlement, the lawsuit will be dismissed with prejudice, and Arotech and all current and former officers and directors named in the complaint will receive a full and complete release of all claims asserted against them in the litigation, as well as any related claims that could have been asserted. The claims will be settled for $2.9 million. The monetary payment to be made on behalf of Arotech and the individual defendants will be funded entirely from insurance proceeds. As a result, there will be no additional financial contribution by Arotech. The agreement is subject to court approval.
As stated in the settlement documents, Arotech denies any liability in connection with the litigation and denies the claims asserted by the lead plaintiffs in the complaint.
“The agreement resolves this issue in a way that is in the best interests of our shareholders,” said Robert S. Ehrlich, Chairman and CEO of Arotech. “We believe this settlement provides Arotech with certainty on this lawsuit, eliminates the uncertainties and further expense associated with this litigation, and eliminates an unnecessary drain on management time,” concluded Ehrlich.
About Arotech Corporation
Arotech Corporation is a leading provider of quality defense and security products for the military, law enforcement and homeland security markets. Arotech provides multimedia interactive simulators/trainers, lightweight armoring and advanced zinc-air and lithium batteries and chargers. Arotech operates through three major business divisions: Armor, Training and Simulation, and Batteries and Power Systems.
Arotech is incorporated in Delaware, with corporate offices in Ann Arbor, Michigan and research, development and production subsidiaries in Alabama, Michigan and Israel.
WASHINGTON — The United States has filed a civil False Claims Act complaint against drug manufacturer Johnson & Johnson (J&J) of New Brunswick, N.J., and two of its subsidiaries, Ortho-McNeil-Janssen Pharmaceuticals Inc. and Johnson & Johnson Health Care Systems Inc., the Justice Department announced today. The complaint alleges that these companies paid millions of dollars in kickbacks to Omnicare Inc., the nation’s largest pharmacy that specializes in dispensing drugs to nursing home patients. In November 2009, the United States, numerous states, and Omnicare entered into a $98 million settlement agreement that, among other things, resolved Omnicare’s civil liability under the False Claims Act for taking kickbacks from J&J.
In its complaint against J&J, the United States alleges that the company paid kickbacks to Omnicare to induce the nursing home pharmacy company to purchase and recommend J&J drugs, including the anti-psychotic drug Risperdal, for use in nursing homes. According to the complaint, J&J understood that Omnicare’s pharmacists reviewed nursing home patients’ charts at least monthly and made recommendations to physicians on what drugs should be prescribed for those patients. The government further alleges that J&J knew that physicians accepted the Omnicare pharmacists’ recommendations more than 80 percent of the time, and that J&J viewed such pharmacists as an “extension of [J&J’s] sales force.”
The United States alleges that, in order to induce Omnicare and its pharmacists to recommend J&J drugs, the company paid kickbacks to Omnicare in numerous ways. First, the complaint alleges that J&J entered into agreements with Omnicare by which Omnicare was entitled to increasing levels of rebates from Johnson & Johnson so long as Omnicare implemented specific programs to increase the prescriptions of J&J drugs. Second, the complaint alleges that J&J paid Omnicare millions of dollars for “data,” much of which Omnicare never provided. According to the complaint, the true purpose of these payments was to induce Omnicare to recommend J&J drugs. Third, the complaint alleges that J&J made various other substantial kickback payments to Omnicare, calling the payments “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend J&J drugs.
“We will pursue those who break the law to take advantage of the elderly and the poor,” said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. “Kickbacks such as those alleged here distort the judgments of health care professionals and put profits ahead of sound medical treatment.”
The United States filed its complaint in two consolidated whistleblower lawsuits presently on file in the District of Massachusetts.
Assistant Attorney General West thanked the collaborative efforts of the Justice Department’s Civil Division, the U.S. Attorney for the District of Massachusetts, the Office of Inspector General of the Department of Health and Human Services, the Food and Drug Administration Office of Criminal Investigations and the Federal Bureau of Investigation .
Justice Department Asks Federal Court to Bar Nationwide Frivolous Lawsuit Scheme
Posted by: | CommentsJustice Department Asks Federal Court to Bar Nationwide Frivolous Lawsuit Scheme
Tennessee Man Allegedly Helped Customers File More Than 200 Lawsuits Against the United States in District of Columbia Federal Court
WASHINGTON – The Justice Department announced today it has sued George K. Pragovich of Clarksville, Tenn., to stop him from promoting an alleged nationwide scheme involving hundreds of frivolous lawsuits filed against the United States. According to the civil injunction lawsuit, filed in U.S. District Court in Nashville, Tenn., Pragovich sells services and materials that help customers, many of whom have substantial federal income tax liabilities, to file frivolous lawsuits against the United States in the U.S. District Court for the District of Columbia. Customers from at least 35 different states have allegedly used Pragovich’s scheme to file over 200 of the frivolous lawsuits.
The government complaint alleges that Pragovich falsely tells customers that he can fix their tax problems and, in addition, help them get thousands of dollars from the government in damages, by helping them file the lawsuits. Pragovich also allegedly falsely tells customers that if their lawsuit is successful, they will never have to file a federal income tax return or pay federal income taxes again and that all of the lawsuits will eliminate the Internal Revenue Service (IRS).
Pragovich, who the complaint says is not a lawyer, allegedly provides customers with ready-to-file lawsuit complaints that falsely claim that the IRS and its employees have unlawfully disclosed customers’ federal tax information or unlawfully collected taxes. Pragovich also allegedly provides customers with detailed instructions regarding how to file the complaints and how to respond to government motions in the lawsuits. According to the government’s complaint, Pragovich charges an average of about $7,500 per customer for these services, and has received a total of more than $1 million from his clients.
The government complaint alleges that the frivolous suits are largely premised on misguided tax protester arguments. The complaint says that almost every Pragovich-promoted case has been dismissed. One judge, in dismissing one of the cases, described the lawsuit as “frivolous” and “groundless,” a “boilerplate pleading filed without concern for the law, the facts, or the redundant expenditure of judicial resources.”
Despite the repeated dismissals, Pragovich allegedly continues to promote the frivolous scheme, and frivolous suits continue to be filed with the court in the District of Columbia. Pragovich has allegedly stated to customers that he intends to “bury” the Department of Justice and the court system with at least 1,000 lawsuits in ten separate jurisdictions.
In the past decade the Tax Division has obtained injunctions against more than 435 tax preparers and tax fraud promoters. Information about these cases is available on the Justice Department Web site.
BOSTON, MA—A Quincy man who worked as a host on a radio talk show entitled “Your Money” was convicted today in federal court of wire fraud and securities fraud.
United States Attorney Carmen M. Ortiz and Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation – Boston Field Division, announced today that GREGG T. RENNIE, age 44, of Quincy, MA pled guilty before U.S. District Judge Edward F. Harrington to 13 counts of securities fraud and one count of wire fraud.
At today’s plea hearing, the prosecutor told the Court that had the case proceeded to trial, the government’s evidence would have proven that RENNIE operated a Ponzi scheme in which he stole no less than $3.2 million from a number of victims, including an elderly gentleman whom RENNIE had known since his childhood, retirees who invested their retirement savings with RENNIE, and individuals who listened to RENNIE’s radio show. RENNIE’s victims also included a church congregation that had invested funds that the congregation had raised in anticipation of building a new church.
RENNIE’s scheme involved soliciting investment in what he described as risk free federal housing certificates with guaranteed rates of return. RENNIE told his victims that these investments involved government grants or loans for housing projects, or were otherwise investments in federally subsidized real estate developments. As a variant on his housing certificate scheme, RENNIE persuaded other victims to invest funds in annuity products that he claimed offered guaranteed rates of return.
RENNIE, however, did not invest his victims’ money in the products he described. Rather, he used the funds to pay for his own personal and business expenses as well as to make periodic payments to other victims. To conceal his fraud, RENNIE showed some of his victims prospectuses for legitimate investment vehicles from respected investment companies. He further sent his victims bogus invoices which appeared to reflect their investments. These documents, however, bore no relation to the actual manner in which RENNIE spent his victims’ money.
“Financial crimes that prey on trusting investors, as alleged in this case, will not be tolerated. The U.S. Attorney’s Office is dedicated to protecting investors from financial predators and will aggressively pursue those who exploit the trust of the investing public,” said U.S. Attorney Ortiz.
Judge Harrington scheduled sentencing for April 12, 2010. RENNIE faces up to 20 years’ imprisonment on each count, to be followed by three years of supervised release and a $5 million fine or twice the gains or losses that he caused.
The case was investigated by the Federal Bureau of Investigation with assistance from the United States Securities Exchange Commission. It is being prosecuted by Assistant U.S. Attorney James P. Dowden of Ortiz’s Economic Crimes Unit.
Nora R. Dannehy, United States Attorney for the District of Connecticut, announced that SUSAN A. CURTIS, 48, and GARY J. STOCKING, 43, of Naugatuck were arrested today by the Internal Revenue Service – Criminal Investigation Division and the Federal Bureau of Investigation on criminal complaints charging them with bank fraud and money laundering. The charges stem from an alleged scheme to defraud Webster Bank of approximately $6.2 million.
CURTIS and STOCKING were arrested this morning in Naugatuck and appeared before United States Magistrate Judge Donna F. Martinez in Hartford. Judge Martinez ordered both CURTIS and STOCKING detained pending a detention hearing that is scheduled for Friday, January 15, at 12:30 p.m.
According to statements made in court, the Government alleges that CURTIS, a former employee of Webster Bank, together with STOCKING and others devised a scheme to defraud Webster Bank of approximately $6.2 million between 2002 and May 2009. The Government alleges that CURTIS and STOCKING set up sham companies called “New House LLC” and “Equity LLC” and represented to Webster Bank that the companies and STOCKING were brokers. In fact, records reflect that neither STOCKING nor the two companies were ever registered as brokers in the State of Connecticut. As a result of the false representations, Webster Bank released approximately $5 million to the sham companies. In addition, it is alleged that CURTIS diverted monies, totaling approximately $1 million, to Equity LLC that were, in fact, due to Webster Bank for property improvements.
U.S. Attorney Dannehy noted that the investigation into this alleged scheme is ongoing.
If convicted, CURTIS and STOCKING face a maximum term of imprisonment of 30 years on the bank fraud charge and 10 years on the money laundering charge.
U.S. Attorney Dannehy stressed that a complaint is only a charge and is not evidence of guilt. The defendants are entitled to have this matter presented to a grand jury and, in the event an indictment is returned, they are entitled to a trial at which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division and the Federal Bureau of Investigation.
GREENBELT, MD—U.S. District Judge Peter J. Messitte sentenced Louis Pisani, Jr., age 44, of Silver Spring, Maryland, today to 46 months in prison followed by three years of supervised release for conspiracy to commit bribery and obstruction of an agency investigation, arising from a scheme to influence contracting at the Walter Reed Army Medical Center; and in a separate case, mail fraud in an arson insurance fraud scheme. Judge Messitte also ordered Pisani to pay a fine of $18,000 and entered a restitution order of $66,900 against him.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; Brigadier General Rodney L. Johnson of the Army Criminal Investigation Command; Special Agent in Charge C. André Martin of the Internal Revenue Service – Criminal Investigation; and Montgomery County Fire Marshal Michael Love.
Pisani was sole shareholder of Platinum Contractors, Inc., located in Silver Spring and Hyattsville, Maryland. In addition, Pisani and Leon Krachyna were each 50% shareholders and corporate officers of Home Sweet Home Moving and Storage, Inc. located in Hyattsville.
According to Pisani’s plea agreement, from about the fall of 1999 until about February 2003, Pisani conspired with Krachyna and Kevin Roach, a civilian contract specialist with the U.S. Army Medical Command responsible for helping to procure goods and services for Walter Reed, to bribe Roach to steer government contracts to Pisani’s companies, including one contract potentially worth up to $1.2 million. Pisani and Krachyna gave Roach 10% of the contract proceeds in cash and checks, and also paid thousands of dollars in insurance premiums and loan payments on a truck they gave to Roach. In exchange, Roach gave Pisani and Krachyna confidential bidding information and his best efforts to cause the Army to award the contracts to their companies.
In September 2002, the Army Criminal Investigation Division initiated an investigation into contracts secured by Pisani. During an interview by an Army investigator in April 2003, Pisani falsely denied under oath that he paid Roach money for contracts awarded to his company.
Finally, in June 2003, Pisani and a co-schemer purchased a residence on Edgefield Road in Bethesda, Maryland, intending to turn a lucrative profit by demolishing the residence, subdividing the lots and using the property for new residential construction to be re-sold. Pisani and the co-schemer purchased an insurance policy on the property. The policy specifically excluded from coverage any loss caused intentionally by the insured or by a person directed by the insured. Pisani, the co-schemer and Pisani’s friend, Thomas Moriarty, discussed substantially damaging the residence by fire and then submitting a claim on the policy. Moriarty was asked to set fire to the house. On Friday evening, March 12, 2004, the co-schemer prepared the residence with highly flammable fuel and Moriarty set it on fire, substantially damaging the residence. Pisani arranged to have dinner that night with several friends, and his co-schemer traveled to New Jersey.
After being notified of the loss, the insurance company issued checks for $50,000 and $16,900, as an advance payment on the loss and for costs associated with temporary housing for Pisani and his co-schemer. When insurance company representatives and the Montgomery County Fire Marshal’s Office investigated the cause of the fire, Pisani and the co-schemer tried to conceal their involvement in the fire by persuading another person not to reveal information about the fire to the Montgomery County Fire Marshal’s Office, and providing false information to the insurance company and the Fire Marshal’s Office. Suspicious of the cause of the fire, the insurance company did not pay the balance of the claim.
Kevin R. Roach, age 48, of Fredericksburg, Virginia, pleaded guilty to conspiring to defraud the U.S. Army of his honest services as a public official. Roach was sentenced to 41 months in prison and ordered to pay a $3,000 fine. Thomas Patrick Moriarty, age 40, of Dickerson, Maryland, pleaded guilty to wire fraud in connection with the scheme to defraud the insurance company by setting fire to the Edgefield Road residence. Moriarty was sentenced to 27 months in prison and ordered to pay restitution of $33,000. Leon Krachyna, age 41, of Rockville, pleaded guilty to conspiracy to commit bribery and faces a maximum sentence of five years in prison at his sentencing scheduled for February 17, 2010 at 9:30 a.m.
United States Attorney Rod J. Rosenstein thanked Assistant U.S. Attorneys Michael R. Pauzé and Steven M. Dunne, who prosecuted these cases.

