September 2009 Archives

TrueBeginnings LLC, the owner and operator of the True.com online dating website, has agreed to settle a class action lawsuit that was brought against it by a former subscriber who alleged that True had unlawfully charged fees to his credit card after he cancelled his subscription. True denies all of the allegations, and has agreed to settle the case to focus on key priorities for the company, to best serve its customers, and because a successful defense of the Litigation would be expensive and distracting. On September 22, 2009, the United States District Court for the Northern District of Texas approved the settlement. Members of the settlement class have until October 21, 2009, to submit claims forms to participate in the settlement.

The lawsuit alleged, among other things, that True had a pattern and practice of imposing unauthorized charges on the credit cards or debit cards of subscribers who had previously cancelled their subscription. Discovery in the lawsuit revealed that True had in place a system -- which it called Auto-Subscription -- whereby certain former subscribers could automatically re-subscribe by clicking on certain hyper-links. The lawsuit alleged that True did not adequately inform the former subscribers of the existence of the Auto-Subscription system, or of the fact that they would be subject to re-subscription based upon clicking on those hyper-links. Among other things, True asserted this practice is convenient for its customers; the Auto-Subscription process merely initiated a new free trial, with both internet and email reminders about how and when to cancel to prevent any subscription fees.

As part of the settlement, True has agreed to pay $1.5 million into a settlement fund over a period from February 2009 through March 2010. Certain former True subscribers are eligible to make claims for refunds of either $35 (if they were charged only a single month's fees) or $50 (if they were charged two or more month's fees). In addition, a larger group of former subscribers will be offered 45 days of free subscription service on the True.com website. True also has agreed to a Court order requiring an intervening affirmative action or step to its Auto-Subscription system, to indicate that the potential subscriber assents to re-subscription.

Plaintiff is represented by Jonathan Tycko of the law firm of Tycko & Zavareei LLP, based in Washington, D.C., and Jon Sheperd of the law firm of Alston & Bird LLP, based in Dallas, Texas. About the settlement, Mr. Tycko said: "We believe this is a great result for True's former subscribers. Those former subscribers who were charged as a result of True's Auto-Subscription system can get a substantial refund, and we have put a stop to True's former practice of re-subscribing its customers via Auto-Subscription." In response, True's spokesperson said, "We want to do what is best for our current and potential subscribers, and a successful defense of this lawsuit diverts our attention from that objective. We therefore have agreed to this settlement in order to return our focus to bringing people together, even though we deny any wrongdoing."

The lawsuit is titled Thomas Wong v. TrueBeginnings, LLC d/b/a True.com, Civil Action No. 3-07CV1244-N (U.S. District Court for the Northern District of Texas). More information about the settlement is available at the website www.trueclassaction.com.

SOURCE Tycko & Zavareei LLP

The Software & Information Industry Association (SIIA), the principal trade association for the software and digital information industries, today announced that its new music video "Don't Copy That 2," the sequel to its 1992 classic "Don't Copy That Floppy," has had a dramatic, worldwide impact on anti-piracy awareness. The viral music video can be seen at www.dontcopythat2.com.

Since its September 9 release, SIIA's "Don't Copy That 2" music video has been viewed more than 255,000 times on YouTube, where more than a thousand people have posted comments about the video and its message, "It's not just a copy. It's a crime." The video has also been a favorite of bloggers and Twitter users around the world, who have made it the subject of hundreds of tweets and postings over the last two weeks.

"Whether you love it or hate it, you have to agree that 'Don't Copy That 2' is having a powerful impact," said SIIA President Ken Wasch. "And that is exactly our goal - to deliver our anti-piracy message to audiences around the world. The criminal consequences of piracy are significant, but we can't expect to deliver that message simply through press releases. 'Don't Copy that 2' is reaching young and engaged audiences that need to understand that pirating copyrighted works is a serious crime."

"Reviewers have called it 'hysterical,' 'genius,' 'contemporary drama at its finest,' and our favorite - 'the worst anti-piracy ad ever,'" said Keith Kupferschmid, SVP of Intellectual Property Policy & Enforcement for SIIA. "Whatever you want to say about it, one thing is clear: 'Don't Copy That 2' has gained the attention of both those who obey - and those who violate - copyright laws. The video is fun to watch, and perhaps even more fun to critique, but it has unquestionably been a successful means for delivering a serious message."

"Don't Copy That 2" features the return of DP, the Digital Protector, as he continues his crusade against software and content piracy - this time in the digital age. When DP discovers a website selling pirated "tunes, games and apps" run by a college student named Jason, he uses a catchy hip-hop song and a startling dream sequence to teach Jason about the costs of engaging in piracy.

The video also includes an appearance from convicted software pirate Jeremiah Mondello, who issues a warning about the consequences of software piracy from a federal prison in Oregon. Mondello, 24, is currently serving about four years for using stolen bank account information to create fictitious eBay and PayPal identities in order to sell pirated software via eBay. SIIA initiated and worked with the U.S. Department of Justice on the investigation that led to his conviction.

Those interested in legally downloading "Don't Copy That 2" can find the new video on iTunes in free podcast form.

In order to reach students, SIIA will release a modified and extended educational version of "Don't Copy That 2" that will be distributed to classrooms later this fall.

For more information about "Don't Copy That 2," please visit www.dontcopythat2.com.

About "Don't Copy That Floppy"

The Software & Information Industry Association (formerly the Software Publishers Association) launched "Don't Copy That Floppy" campaign in 1992. The eight minute video targeted middle school students and was distributed to 20,000 teachers nationwide. "Don't Copy That Floppy" later became a cult phenomenon with more than 1 million YouTube views and various online parodies.

Source: Software & Information Industry Association

Attorneys with the personal injury law firm of Sheldon J. Schlesinger P.A., won a $14 million jury verdict on behalf of a local father and optometrist left bed-ridden and paralyzed resulting from a botched, unnecessary procedure seven years ago.

According to the suit, heard by Judge Charles Green in Broward County Circuit Court, Francis Ziadie was suffering dizziness and slurred speech when he arrived at the emergency room at Memorial Regional Hospital in Hollywood in May 2002. Doctors there gave him aspirin and the anti-platelet medication, Plavix. His symptoms subsided on medical therapy. Ziadie was admitted overnight for observation.

The next morning, Ziadie complained of short-term slurred speech and numbness in his hand. A CAT scan and magnetic resonance angiography showed no evidence of a stroke. Doctors diagnosed transient ischemic attacks caused by left internal carotid artery dissection, or a separation of the inner layer of the carotid artery. The aspirin / Plavix regimen is considered standard of care, as in most cases, the dissection will heal itself within three to six months, said Crane Johnstone, Ziadie's lead trial attorney from Schlesinger Law Firm in Fort Lauderdale. Valerie Conzo was co-counsel on the case.

Hoang Dinh Doung, M.D., an interventional neuroradiologist from Radiology Associates of Hollywood, P.A. was consulted. Doung recommended an immediate procedure to insert a stent into the artery. During the procedure, Doung punctured the arterial wall. Because Ziadie was on large doses of blood thinners, blood flowed from the puncture, pooling around his brain. In the recovery room, Ziadie had slurred speech and right-sided weakness. Instead of addressing his problems, nurses sedated him. By the time doctors realized the problem hours later, the bleeding had caused massive pressure damage to the brain stem and caustic damage to brain tissue. Ziadie, at one time an active 46-year-old optician and father of four, was discharged almost three months later after extensive rehab. Today, he spends his days in a hospital bed and wheelchair in the home of his 76-year-old mother, Olivia, who cares for him round-the-clock.

"The jury realized that this was a preventable injury, and that Mr. Ziadie should never have undergone that procedure," Johnstone said. "His legs are paralyzed, he has no bowel or bladder control. He struggles to string sentences together. He can't even get out of bed or feed himself."

Defense counsel from Bunnell, Woulfe claimed Mr. Ziadie suffered from a rare "reperfusion injury." Another defendant, David M. Feldbaum, MD, a surgeon who was part of the team treating Mr. Ziadie, was found not liable.

The five-man, one-woman jury didn't buy Dr. Duong's argument, and returned a verdict in under six hours. In determining damages, the jury found that Ziadie, now 53, will require skilled nursing care for the rest of his life. Johnstone also argued successfully that the best care will be provided to Mr. Ziadie in his home, as opposed to a nursing facility. The jury awarded $5 million to Mr. Ziadie for his future care needs, and $8 million for pain, suffering and mental anguish. Francis Ziadie's minor sons were each awarded $250,000.

SOURCE Boardroom Communications

The Justice Department today announced that a federal grand jury in Miami returned a three-count indictment on Sept. 11, 2009, charging former Dade Correctional Institution (DCI) officers Cordell J. White and Christopher W. Bonnet, current DCI Sergeant Obe D. L'Bert, and former DCI inmate Larry T. Williams with violating, and conspiring to violate, the civil rights of other inmates at DCI.

The indictment alleges that on Oct. 26, 2008, defendants L'Bert and White arranged for defendant-inmate Williams, a/k/a Monster, to assault another inmate, identified in the indictment as D.T. L'Bert and White allegedly moved D.T. to Williams' cell and waited outside of the cell while Williams assaulted and injured D.T. The indictment further alleges that on Nov. 1, 2007, defendants White and Bonnet arranged for Williams to assault another inmate, identified in the indictment as F.H., then escorted Williams to F.H.'s cell and waited outside of the cell while Williams assaulted and injured F.H.

An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty. If convicted, each defendant faces a maximum penalty of ten years in prison on each of the three felony civil rights charges.

This case was investigated by the FBI and the Florida State Department of Corrections, Inspector General's Office; and is being prosecuted by Assistant U.S. Attorney Susan Osborne of the U.S. Attorney's Office for the Southern District of Florida and Trial Attorney Edward Chung of the Civil Rights Division.

Souce: U.S. Dept. of Justice

In response to President Obama's remarks on medical liability reform in his address to Congress, DMLR Chairman Stuart L. Weinstein, M.D. issued the following statement:

"In his address to Congress, I was pleased to hear President Obama acknowledge that medical liability reform is needed to lower costs and reduce the practice of defensive medicine. While I appreciate his commitment to state demonstration projects, it is my hope that Congress will heed the President's words and take action to include comprehensive federal medical liability reform in pending health care legislation.

"Medical liability reform is not a Republican or Democratic issue. It is a patient issue. Members of Congress on both sides of the political aisle, health care policy experts, opinion leaders, and patients across the country agree that our nation's medical liability system is broken and needs to be fixed. Most recently, Senate Majority Leader Harry Reid, and House Majority Leader Steny Hoyer have both talked about the problems with the current system -- problems like excessive jury awards, and too frivolous lawsuits. This hurts patients by threatening their access to quality medical care when they need it and by increasing health care costs for all Americans. These are issues that must be addressed if true health care reform is to be achieved.

"We must work together to find a solution to our health care and medical liability systems that first and foremost protect patients -- one that is more effective, more efficient, and one that puts more money in the hands of patients, not personal injury lawyers. States across the country have enacted medical liability reforms with a proven track record of success that should be a model for federal reform efforts.

"On behalf of Doctors for Medical Liability Reform and Protect Patients Now, I look forward to working with the President and the Congress as the health care reform debate evolves in the coming months, and hope that leaders from both parties in Congress step forward to stop medical lawsuit abuse once and for all."

SOURCE Doctors for Medical Liability Reform

The Tolkien Trust (a UK registered charity), New Line Cinema, and HarperCollins Publishers Ltd. have resolved the lawsuit relating to the "Lord of the Rings" films.

The claim was filed in February of last year. HarperCollins Publishers Ltd. and the trustees of the JRR Tolkien Estate were co-plaintiffs in the claim, which concerned plaintiffs' participation interest in the "Lord of the Rings" films released between 2001 and 2003. The precise terms of the settlement are confidential.

Commenting on the settlement, Christopher Tolkien said: "The Trustees regret that legal action was necessary, but are glad that this dispute has been settled on satisfactory terms that will allow the Tolkien Trust properly to pursue its charitable objectives. The Trustees acknowledge that New Line may now proceed with its proposed films of 'The Hobbit.'"

Warner Bros.' President & Chief Operating Officer Alan Horn said: "We deeply value the contributions of the Tolkien novels to the success of our films and are pleased to have put this litigation behind us. We all look forward to a mutually productive and beneficial relationship in the future."

The "Lord of the Rings" films produced by New Line are among the most successful films ever created and were released in 2001, 2002 and 2003 respectively.

JRR Tolkien is the world-renowned author of works including "The Lord of the Rings" and "The Hobbit." The Tolkien Trust is a UK registered charity that has made grants to charitable causes all over the world totaling over $8 million in the last five years alone.

Throughout its history, New Line has created a number of enduring film franchises, including the Lord of the Rings trilogy, "The Mask," the Austin Powers titles, "Blade," "Rush Hour," "Elf," "Sex and the City" and "Wedding Crashers." New Line became a unit of Warner Bros. Entertainment in March 2008.

SOURCE The Tolkien Trust

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 Northern District of Illinois on behalf of purchasers of securities of Huron Consulting Group, Inc. (Nasdaq: HURN) ("Huron" or the "Company") between April 27, 2006 and July 31, 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.

The Complaint charges Huron and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Huron is a consulting company formed by former partners of Arthur Andersen, LLP which claims to help clients comply with complex regulations, resolve disputes, recover from distress, leverage technology, and stimulate growth. 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 since 2006, the Company had improperly accounted for earn-out payments made in connection with four acquisitions; (2) that as a result, the Company had overstated its net income and earnings per share for the affected periods, and had understated its non-cash compensation expenses; (3) that the Company's financial statements were not prepared in accordance with Generally Accepted Accounting Principles; (4) that the Company lacked adequate internal and financial controls; and (5) that, as a result of the foregoing, the Company's financial statements were false and misleading at all relevant times.

On July 31, 2009, the Company shocked investors when it announced that it would restate its financial results for fiscal years 2006 through 2008 and the first three months of 2009 due to the Company's failure to properly account for certain payments made in connection with four acquisitions. These payments were received by the sellers in connection with the sale of certain acquired businesses that were subsequently redistributed among themselves and to other select Huron employees. Under the accounting rules, these payments should have been classified as non-cash compensation expenses.

Upon the release of this news, the Company's shares declined $30.66 per share, or 69.13 percent, to close on August 3, 2009 (the next trading day) at $13.69 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 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 October 5, 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.

    CONTACT:  Barroway Topaz Kessler Meltzer & Check, LLP
              Darren J. Check, Esq.
              David M. Promisloff, Esq.
              280 King of Prussia Road
              Radnor, PA 19087
              1-888-299-7706 (toll free) or 1-610-667-7706
              Or by e-mail at info@btkmc.com

SOURCE Barroway Topaz Kessler Meltzer & Check, LLP