April 2009 Archives

White Plains, New York Law firm Tilem & Campbell announces the filing of a Federal Civil Rights Lawsuit naming the Village of Spring Valley, its Police Department, the Building Department, two building inspectors and several police officers. One of the police officers, Roxanne Lopez, named as a defendant in the suit, is featured prominently on Manhunters, a television program which airs on the A&E network and follows the exploits of a task force of local police officers and federal marshals that apprehends wanted fugitives.

The law suit alleges that on or about July 1, 2008, Police Officer Roxanne Lopez and other police officers tricked an individual named Moshe Katz into going to 20 Franklin Avenue in Spring Valley, New York, the location of an apartment Mr. Katz was attempting to rent out. Once there, Detective Lopez and another Officer named in the Federal Complaint only as Detective "Ted" demanded that Mr. Katz give an individual named "Hector" $1000, which they claimed Mr. Katz owed "Hector". "Hector" is believed to be a friend or acquaintance of Detective Lopez. According to Court papers, when Mr. Katz refused to pay money to "Hector", Detective Lopez contacted co-defendant, Assistant Building Inspector Manny Carmona, who immediately arrived at the scene. Both Detective Lopez and Assistant Building Inspector Carmona then threatened an illegal building inspection unless Mr. Katz paid $1000 to "Hector."

According to the Federal Complaint, Mr. Katz paid "Hector" $600 and was then forced by Detective Lopez to go the bank to get the additional $400, under further threat of an illegal building inspection. Detective Lopez and Detective Ted instructed Assistant Building Inspector Carmona to remain at the location until Mr. Katz returned with the additional $400. The Lawsuit alleges that the police, under color of law, acted as judges and jury in collecting a debt for a friend.

If anyone has any information on this case or other misconduct by any of the individuals involved in this case they should contact the law firm at info@tilemandcampbell.com" target=_new>info@tilemandcampbell.com.

SOURCE Tilem & Campbell

The following statement was issued today by the law firm of Barroway Topaz Kessler Meltzer & Check, LLP:

Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of purchasers of the 8.875% Trust Preferred Securities of Regions Financing Trust III (the "Securities") (NYSE: RF-PZ) who purchased or otherwise acquired the Securities pursuant or traceable to the April 2008 Offering (the "Offering").

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Barroway Topaz Kessler Meltzer & Check, LLP (Darren J. Check, Esq. or David M. Promisloff, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@btkmc.com.

The Complaint charges Regions Financial Corporation ("Regions" or the "Company") and certain of its officers and directors, its auditor, and the underwriters of the Offering with violations of the Securities Act of 1933. Regions engages in consumer and commercial banking, trust, securities brokerage, mortgage and insurance products and services. More specifically, the Complaint alleges that, in connection with the Company's Offering, defendants failed to disclose or indicate the following: (1) that the Company improperly accounted for goodwill; (2) that the Company improperly accounted for impaired assets; (3) that the Company improperly recorded provisions for loan losses; (4) that the Company lacked adequate internal and financial controls; (5) that the Company was not as well capitalized as represented; and (6) that, as a result of the foregoing, the Company's Registration Statement was false and misleading at all relevant times.

On or about April 28, 2008, the Company conducted the Offering. In connection with the Offering, the Company filed a Registration Statement and Prospectus (collectively referred to as the "Registration Statement") with the SEC. The Offering was a financial success for the Company, as it was able to raise over $345 million by selling 13.8 million shares of the Securities to investors at a price of $25 per share. On January 20, 2009, Regions announced dismal financial results for the fourth quarter of 2008. Details included a $6 billion non-cash charge for impairment of goodwill, a $469 million loss resulting from non-performing assets, and an increase in the loan loss provision to $1.150 billion. Then, on February 2, 2009, it was reported that Moody's had downgraded the Company, largely due to its deteriorating loan portfolios in the troubled Florida market. As a result of these disclosures, the price of the Securities has declined significantly.

Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Barroway Topaz Kessler Meltzer & Check which prosecutes class actions in both state and federal courts throughout the country. Barroway Topaz Kessler Meltzer & Check is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world.

For more information about Barroway Topaz Kessler Meltzer & Check, or for additional information about participating in this action, please visit www.btkmc.com.

If you are a member of the class described above, you may, not later than June 1, 2009, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the purported class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

SOURCE Barroway Topaz Kessler Meltzer & Check, LLP

Thirty American victims of Hezbollah terror attacks have filed an unprecedented civil action in the United States District Court for Washington, DC against the government of North Korea. The suit, Kaplan v. North Korea (09-Civ.-0646), requests more than a $100 million in compensatory damages and an unspecified sum of punitive damages. The complaint also names Hezbollah as a defendant.

The plaintiffs, who were injured by rockets fired into northern Israel by Hezbollah in the summer of 2006, allege that North Korea assisted the Lebanese terrorist organization by providing military training to senior Hezbollah leaders and by building networks of underground bunkers to store Katyusha rocket launchers in South Lebanon. The North Korean bunkers enabled Hezbollah to carry out the thousands of missile attacks which rained on Israeli cities between July 12 and August 14, 2006 from below ground even as Israeli air force jets hunted and sought to destroy the launchers. Forty three Israeli citizens were killed and more than 4,000 were injured by Hezbollah rockets.

This is the first lawsuit brought by Hezbollah victims against the government of North Korea for its provision of material support to the terrorist group.

The plaintiffs are represented by attorneys Robert J. Tolchin and Nathan Tarnor of New York City, and Nitsana Darshan-Leitner of Tel-Aviv.

In their court papers the plaintiffs cite a May 8, 2008 Congressional memorandum prepared for the U.S. House Foreign Affairs Committee which describes one of the North Korean built facilities as "a 25 kilometer underground tunnel that Hezbollah used to move troops. Hezbollah's underground facilities significantly improved Hezbollah's ability to fight the Israelis during the 2006 Israel-Lebanon war."

Attorney Darshan-Leitner states that: "North Korea has become a major player in providing support and material resources to Middle East terrorist organizations such as Hezbollah. It was North Korea which trained Hezbollah's leadership and built the underground bunkers that permitted the terrorists to evade Israeli jets during the Second Lebanese War and to continue their rocket attacks targeting civilians. As a facilitator of the Hezbollah rockets, North Korea is financially liable to all those Americans injured by the terrorists. The lawsuit aims to secure a measure of justice for the terror victims and teach North Korea that it cannot continue to support Hezbollah with impunity."

SOURCE Nitsana Darshan-Leitner

The following statement was issued today by the law firm of Barroway Topaz Kessler Meltzer & Check, LLP:

Notice is hereby given that a class action lawsuit was filed in the United States District Court for the District of Arizona on behalf of purchasers of securities of Insight Enterprises, Inc. (Nasdaq: NSIT) ("Insight" or the "Company") between April 22, 2004 and February 6, 2009 inclusive (the "Class Period").

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Barroway Topaz Kessler Meltzer & Check, LLP (Darren J. Check, Esq. or David M. Promisloff, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@btkmc.com" target=_new>info@btkmc.com.

The Complaint charges Insight and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Insight provides brand-name information technology hardware, software, and services to large enterprises, small to medium-sized businesses, and public sector institutions in North America, Europe, the Middle East, Africa, and Asia-Pacific. More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the Company committed errors in the manner in which it accounted for certain aged trade credits; (2) that the Company's financial statements were not prepared in accordance with Generally Accepted Accounting Principles ("GAAP"); (3) that the Company lacked adequate internal and financial controls; and (4) that, as a result of the foregoing, the Company's financial statements were materially false and misleading at all relevant times.

On February 9, 2009 the Company shocked investors when it announced that it would be restating previously reported earnings because management had identified errors in the way it historically accounted for certain aged trade credits. Upon the release of this news, the Company's shares declined $2.85 per share, or 43.8 percent, to close on February 9, 2009 at $3.05 per share, on unusually heavy trading volume.

Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Barroway Topaz Kessler Meltzer & Check which prosecutes class actions in both state and federal courts throughout the country. Barroway Topaz Kessler Meltzer & Check is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world.

For more information about Barroway Topaz Kessler Meltzer & Check or to sign up to participate in this action online, please visit www.btkmc.com

If you are a member of the class described above, you may, not later than May 26, 2009, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the purported class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

SOURCE Barroway Topaz Kessler Meltzer & Check, LLP

Nagarro, Inc., a Silicon Valley outsourced software developer whose back office in Gurgaon, India employs over 400 employees, has been sued in federal court by two U.S.-based companies for theft of trade secrets, breach of confidentiality, unfair business practices and unlawful interference with another company's contract. The suit, filed in the United States District Court for the Northern District of California, alleges that Nagarro contracted with Sigma Six Technologies to provide software development services. Nagarro allegedly began performing the work in India but soon circumvented Sigma Six Technologies to deal directly with T-Systems Enterprise Services GmbH, the German subsidiary of Deutsche Telekom (NYSE: DT), which had ordered the software, popularly known as ServiceNet, from another U.S. company, Sigma Six Technologies' exclusive licensee.

Both T-Systems and Nagarro are named as defendants in the 19-page complaint, which alleges breach of contract (against Nagarro); theft of trade secrets (against Nagarro and accomplices); tortious interference with contract (against both defendants); and unfair competition under California law against both defendants. The complaint also alleges that numerous major U.S. corporations currently use the ServiceNet software. The suit seeks damages against defendants that are expected to reach into tens of millions of dollars.

On March 26, 2009, U.S. District Court Judge James Ware denied Nagarro's motion to compel arbitration, ordering that the case proceed in federal court. Later this month the court is expected to hear T-Systems' arguments that all claims against it should be heard in Germany. Plaintiffs have alleged and expect to establish that T-Systems' acts within the U.S. and/or causing substantial harm in the U.S. are sufficient grounds to justify suit being maintained in U.S. federal court in California, where Nagarro is headquartered. In addition, Plaintiffs have requested the court to issue a permanent injunction barring both defendants and all other persons working in concert with them, including all of T-Systems' customers around the world, from in any way using any version of ServiceNet.

SOURCE Sigma Six Technologies, Inc.

The United States has filed a civil complaint against BP Exploration (Alaska) Inc. (BPXA) alleging that the company violated federal clean air and water laws, the Justice Department, U.S. Environmental Protection Agency (EPA), and the U.S. Department of Transportation announced today.

According to the complaint, filed in U.S. District Court in Anchorage, Alaska, BPXA illegally discharged more than 200,000 gallons of crude oil from its pipelines onto the North Slope of Alaska during two major oil spills in the spring and summer of 2006. The complaint alleges that BPXA failed to prepare and implement spill prevention, countermeasure and control plans in accordance with good engineering practices, and failed to implement certain required spill prevention measures pursuant to the Clean Water Act.

The complaint also alleges that BPXA violated the Clean Air Act by improperly removing asbestos-containing materials from its pipelines and failed to comply in a timely manner with a Corrective Action Order that the Department of Transportation-Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to BPXA pursuant to federal pipeline safety laws. PHMSA's order required BPXA to conduct certain testing, inspection, maintenance and repair activities.

The lawsuit, filed by the Justice Department on behalf of EPA and PHMSA, asks the court to order BPXA to take all appropriate action to prevent spills in the future, including systemically inspecting its pipelines and associated facilities for corrosion. The United States also seeks civil penalties up to the maximum amount authorized by law.

This civil action follows a guilty plea by BPXA on Nov. 29, 2007, to one count of criminal negligent discharge of oil to the waters of the United States in violation of the Clean Water Act.

BPXA, a wholly-owned subsidiary of BP America, conducts oil exploration, drilling, and production in Alaska. Both major spills that are the subject of this case happened in Prudhoe Bay, which is the largest oil field in North America and one of the oldest on the North Slope.

SOURCE U.S. Department of Justice