legal posts
FeedPosted Aug 31st 2009 2:20PM by Tom Johansmeyer (RSS feed)
Filed under: Employees, Economic Data, Recession
Across the country, college classes are starting. In each of these classrooms, students are struggling with calculus, trudging through Candide, and wondering just what the hell they're going to do with their degrees upon graduation. The last of these is characteristic of every college student, especially those of us, with the foresight fortitude recklessness zeal to major in liberal arts fields (in my case, Philosophy).
The anxiety is a bit higher this year, given a high rate of unemployment, the likelihood of a "jobless recovery" and the fact that it could take years for destroyed value to be recovered.
Continue reading 2.9 million college kids unsure of career plans
Posted Jun 29th 2009 3:30PM by Michael Fowlkes (RSS feed)
Filed under: Good news, Press Releases, Law, Consumer Experience, Scandals, Media World

Bernie Madoff was in federal court today, where he was given a 150 year sentence for charges related to his Ponzi scheme.
Reports from the courtroom state that Madoff, the mastermind behind the largest ever Ponzi scheme, showed little to no emotion today when he learned that he would be spending the rest of his life in a jail cell. Due to federal sentencing guidelines, Madoff must serve at least 80% of his sentence, so he will not be eligible for parole until 2129.
Continue reading Madoff receives a sentence of 150 years
Posted Jun 25th 2009 5:10PM by Michael Fowlkes (RSS feed)
Filed under: Press Releases, Management, Law, Consumer Experience, Scandals
Texas billionaire R. Allen Stanford pleaded 'not guilty' today in a federal court arraignment to charges that he ran a $7 billion Ponzi scheme. Not only is Stanford being charged with running the Ponzi scheme, there are also allegations that he paid $100,000 to Leroy King, the former chief executive officer of Antigua's Financial Services Regulatory Commission.
This day has been coming for a while. It seems as though the government has been looking into Stanford's investment company since 2005, but it was only this past February that they shut down the Houston office of his investment company, Stanford Financial Group.
Continue reading Stanford pleads not guilty to fraud charges
Posted May 14th 2009 3:20PM by Michael Fowlkes (RSS feed)
Filed under: Bad News, Products and Services, Industry, Competitive Strategy, Toyota Motor Corp. (TM), Employees, Market Matters, Recession, Financial Crisis

At the end of last month, American auto maker Chrysler announced that it was
entering into Chapter 11 bankruptcy, and now we are starting to hear reports of plans to
close a large amount of dealerships next month.
In all, Chrysler has decided to eliminate 789 out of its 3,200 dealerships that it says are just not pulling their weight in terms of sales. The company stated that its network of dealerships has become antiquated, and there currently exists too much competition between its dealerships.
Continue reading Chrysler announces major dealership closings
Posted Jan 2nd 2009 7:30PM by Jonathan Berr (RSS feed)
Filed under: Scandals, NASDAQ, Financial Crisis
Investors with Bernard Madoff who withdrew their money before the world's largest investment fraud should not celebrate their good fortune. According to Bloomberg News' Ann Woolner, these people may be sucked into the scandal even if they had no intention of ripping anyone off.
"Investors who benefit from fraud, even if they knew nothing of any misdeeds, can be called on to return the fictitious earnings from their investments, even their principal if they redeemed it before the fraud was exposed," Woolner writes. "That money would be added to Madoff assets, to be divvied up among creditors, including the very same investors who had been forced to contribute to the pool."
Remember, the Madoff investors who did not get wiped out benefited (unknowingly) from the proceeds of a fraud. They did not earn legitimate profits.
The question is what should happen next. Should the lucky Madoff investors be able to keep their gains even if technically they don't deserve them? I don't know. I am not a lawyer nor am I a clergyman. These are going to be tough, heart-breaking decisions.
But it seems to me that the Madoff "haves" are going to be called to help the "have-nots." Remember, Madoff's victims will be lucky if a fraction of their money is recovered. They still have not recouped all of money that people lost in Sam Israel's Bayou Fund.
The pain for Madoff's investors will last years.
Posted Aug 12th 2008 3:40PM by Michael Fowlkes (RSS feed)
Filed under: Management, Law, Exxon Mobil (XOM), Oil

While the horrific
oil spill by the Exxon Valdez happened all the way back in 1989 (yes that was 19 years ago!),
Exxon Mobil (NYSE:
XOM) is still in litigation over how much it should be forced to pay in damages.
Last month, Exxon Mobil won a big victory when the Supreme Court (in a 5-3 decision) lowered the company's punitive damages from $2.5 billion all the way down to $507.5 million. While this was good news for Exxon Mobil, there was one little detail left to work out -- interest on all that money. Of course, Exxon Mobil does not want to pay that interest, and today the Supreme Court decided that a
lower court needs to make this decision.
So just how much interest are we talking about here? Roughly $500 million and counting, as Exxon announced earlier that the victims of the oil spill have requested $488 million in interest. This works out to about $15,000 per victim.
What does this amount mean to Exxon? Ten hours of sales. That's right, ten hours. You would think the company would just pay the money and be done with the whole mess, but Exxon will continue to fight and will have its day in the lower court of appeals.
Continue reading Exxon Mobil (XOM) still fighting payments on oil spill damages
Posted May 1st 2008 4:58PM by Tom Taulli (RSS feed)
Filed under: Small Business
This week, I looked over the financials of a struggling business (essentially, the slowing economy is taking a toll). I was seeing if I could find some ways to cut costs.
Looking through the line items, I noticed some large legal bills. And, digging some more, I learned that the company was using a big-time law firm.
"You really don't need this kind of level of legal services," I said. "Besides, you can shop around for an attorney."
I also had some other suggestions:
DIY (Do-It-Yourself) Legal: You can gather your own legal advice for free. Just doing a routine Google (NASDAQ: GOOG) search, you'll notice many legal websites. However, you need to be wary. Do you know the quality of the content?
I think a better approach is to focus on well-established sources like:
- AllBusiness.com: The site is chock full of helpful content and is backed by Dun & Bradstreet (NYSE: DNB).
- U.S. Legal Forms: You'll find thousands of vetted legal forms (at affordable prices).
- Nolo: Founded in the early 1970s, this company is now the premier publisher of self-help legal guides (and I've bought quite a few books from them).
Affordable Service Providers: If a DIY approach seems scary, there is a middle ground. There are online services that help with such things as incorporations, trademarks, copyrights, and even patents.
The top player in the sector is LegalZoom. Actually, I recently had a chance to visit the headquarters, which has an impressive setup. In a way, it's an efficient supply chain – with a call center, experts, proofreaders and so on that process legal documents.
More importantly, you'll only be spending a fraction of what a big-time attorney will charge you.
Tom Taulli is the author of various books, including The Complete M&A Handbook (www.mergerbook.com) and is also a principal in Averiware, which provides an ERP system to small and midsize businesses.
Posted Apr 1st 2008 10:22AM by Michael Fowlkes (RSS feed)
Filed under: International Markets, Products and Services, Management, Insiders, Industry, Law, Consumer Experience, Exxon Mobil (XOM), Scandals, Chevron Corp (CVX), ConocoPhillips (COP), BP p.l.c. ADS (BP), Politics, Oil

U.S. lawmakers are going to get their chance today to ask
executives from five of the world's largest oil companies what their take is on current gasoline prices.
Executives from the top three American oil companies --
Exxon Mobil (NYSE:
XOM),
Chevron (NYSE:
CVX) and
ConocoPhillips (NYSE:
COP) -- will be present at today's hearing, as well as executives from
BP (NYSE:
BP) and
Royal Dutch Shell (NYSE:
RDS.A). While the executives are predictably going to blame the current high gasoline prices on surging oil, it will still be interesting to see just how hard lawmakers hit the executives.
For the executives, it can't be a good feeling to be walking into today's hearing. The hearing is being called "Drilling for Answers: Oil Company Profits, Runaway Prices and the Pursuit of Alternatives." The hearings will be chaired by Rep. Ed Markey of Massachusetts, who in the past has been a vocal critic of the oil industry.
Continue reading Oil execs at Congress today: Defending tax breaks, explaining oil prices
Posted Mar 20th 2008 8:38AM by Douglas McIntyre (RSS feed)
Filed under: Industry, Law, Nokia Corp. (NOK), QUALCOMM Inc (QCOM), Broadcom Corp'A' (BRCM)
Qualcomm (NASDAQ: QCOM) lost a patent ruling against rival Broadcom (NASDAQ: BRCM). That was some time ago. It prevents Qualcomm from selling certain chips in the US. That hurts its profits and makes its handset partners very unhappy.
Things got worse for the wireless chip company. An appeals court turned down its request to temporarily start selling the chips again. According to The Wall Street Journal, "The U.S. Court of Appeals for the Federal Circuit, without providing details, ruled Tuesday that Qualcomm had not met its burden of proof to win a stay pending appeal of the injunction."
Qualcomm's bad patent habits have it in court cases against its largest customer, Nokia (NYSE: NOK), as well as Broadcom. That creates a nightmare for shareholders.
Although handset sales may be slowing a bit. Qualcomm has a wonderful business providing chips and software to the industry. That franchise took its stock from $15 less than five years ago to $53 in mid-2006. Disputes with customers and rivals have helped push that share price down to under $38.
With the new court ruling,Qualcom's share price is likely to stay down a lot longer.
Douglas A. McIntyre is an editor at 247wallst.com.