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Spirit Kills TDOT Worker and Injures Four

Austin, TX (Law Firm Newswire) August 17, 2016 – San Juan Texas is home to Spirit Truck Lines, a company that allegedly has a record of at least 20 wrecks over the last two years and had been cited 66 times for violating hours of service laws.

One fatal accident involving Spirit Truck Lines occurred in Tennessee and resulted in the death of Tennessee Department of Transport (TDOT) worker David Younger. Younger, who was 65 years old, and three of his colleagues were working on the side of I-40 when a Spirit Truck lines driver hit and killed Younger and injured three others.

The police report indicated that trucker Candelario Castillo, the driver in question, kept two sets of logbooks. In one book he would record that he was resting and in the other he stated he was driving. According to the law, truckers must rest after driving a certain number of hours. Castillo’s false logbooks were in direct violation of the hours of service laws and were intentionally falsified to try and meet deadlines and make more money.

“Based on the stated evidence, if it turns out to be true, Spirit Trucking Lines, may face some serious ramifications, both for violation of the hours of service law and the wrongful death of a TDOT worker,” explained Austin trucking accident attorney, Bobby Lee of Lee, Gober & Reyna.

The Federal Motor Carrier Safety Administration (FMCSA) rules and regulations regarding a truck driver’s record of duty status are located in the following section: https://www.fmcsa.dot.gov/regulations/title49/b/5/3?reg=395.8

It clearly states the record must be true and paragraph (f)(7) spells out that requirement clearly:

“(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.”

While it is illegal to falsify a logbook, far too many trucking companies and drivers do just that. The load has to arrive on time and on budget. “Sometimes the only way to ensure that happens is to drive through legally mandated breaks. Being somewhere on time and on budget does not take into consideration the lives of others on the road travelling with a fatigued trucker behind the wheel of an 80,000-pound death machine,” said Lee.

Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
Phone: 512.478.8080

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Hagens Berman Investigating Possible Improper Revenue Recognition and Securities Law Violations by The Hain Celestial Group, Inc.

SAN FRANCISCO, Aug. 16, 2016 (GLOBE NEWSWIRE) — Hagens Berman Sobol Shapiro LLP alerts investors in The Hain Celestial Group, Inc. to the Firm’s investigation into Hain’s possible improper revenue recognition, in violation of Generally Accepted Accounting Principles and the securities laws.

If you purchased or otherwise acquired securities of The Hain Celestial Group, Inc. and suffered losses contact Hagens Berman Sobol Shapiro LLP.  For more information visit:

https://www.hbsslaw.com/cases/HAIN

or contact Reed Kathrein, who is leading the firm’s investigation, by calling 510-725-3000 or emailing HAIN@hbsslaw.com.

On August 15, 2016 the Company announced it will delay the release of its fourth quarter and fiscal year 2016 financial results.  Hain explained it “has recognized revenue pertaining to the sale of its products to certain distributors at the time the products are shipped to such distributors.”  Further, “[t]he Company is evaluating whether the revenue associated with the concessions granted to certain distributors should instead have been recognized at the time the products sell through its distributors to the end customers.”

In response to this news, the price of Hain shares fell over 28% during intraday trading on heavy volume.

“It is pretty basic that GAAP requires revenue be earned before it can be recognized, and the Company’s apparent failure to implement that principle has inflicted significant harm on its shareholders” said Hagens Berman partner Reed Kathrein. 

Whistleblowers: Persons with non-public information regarding The Hain Celestial Group, Inc. should consider their options to help in the investigation or take advantage of the SEC Whistleblower program. Under the new SEC whistleblower program, whistleblowers who provide original information may receive rewards totaling up to 30 percent of any successful recovery made by the SEC. For more information, call Reed Kathrein at 510-725-3000 or email HAIN@hbsslaw.com.

About Hagens Berman
Hagens Berman is a national investor-rights law firm headquartered in Seattle, Washington with offices in 10 cities. The Firm represents investors, whistleblowers, workers and consumers in complex litigation. More about the Firm and its successes can be found at www.hbsslaw.com. Read the Firm’s Securities Newsletter, and visit the blog. For the latest news visit our newsroom or follow us on Twitter at @classactionlaw.

Reed Kathrein, 510-725-3000

/EIN News/ —

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Smiley Wang-Ekvall, LLP Receives Tier One Ranking in National Best Law Firms Listing

2017 Best Lawyers in America Annual Ranking Also Honors Founding Partner Evan D. Smiley as “Lawyer of the Year” for Bankruptcy and Insolvency in Orange County

/EINPresswire.com/ — COSTA MESA, CA — (Marketwired) — 08/16/16 — Smiley Wang-Ekvall, LLP, a Southern California law firm specializing in bankruptcy and insolvency matters, real estate transactions, and business litigation, today announced that it has been awarded a Tier One ranking by U.S News & World Report and Best Lawyers® in the 2017 Edition of Best Law Firms for the practice area of Bankruptcy & Creditor-Debtor Rights/Insolvency & Reorganization Law. Founding partner, Evan D. Smiley, was also awarded “Lawyer of the Year” in the same category for his work in Orange County.

Smiley Wang-Ekvall attorneys have achieved placement in the Best Lawyers listing for three consecutive years since the firm’s founding in fall 2014. This is the firm’s third year being recognized with a Tier One ranking. As the oldest and most respected peer-review publication in the legal profession, the Best Lawyers in America list is widely regarded by both clients and legal professionals as a significant honor conferred upon a lawyer by his or her peers. A Tier One ranking signifies the highest recognition a law firm can achieve based upon evaluation of technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other differentiating factors.

“It continues to be an honor to have three of our partners, Evan D. Smiley, Philip E. Strok, and Robert S. Marticello, recognized by Best Lawyers in America and our continued Tier One ranking is an achievement for the firm that reflects our ongoing dedication to consistently delivering excellent representation for and outstanding results to our clients,” said Lei Lei Wang Ekvall, partner with Smiley Wang-Ekvall, LLP. “We are especially proud of our partner, Evan D. Smiley, for being awarded ‘Lawyer of the Year’ in Orange County for his work in bankruptcy, insolvency and reorganization law. His integrity, intellect, collaborative spirit and strong leadership have contributed significantly to both the firm and our industry.”

“Smiley Wang-Ekvall was founded with a vision to provide our clients with the highest quality of service,” said Evan D. Smiley, partner of Smiley Wang-Ekvall, LLP. “It is a tremendous honor to be recognized by my peers and colleagues for delivering on this vision.”

Since the first publication in 1983, Best Lawyers® assembles their list of attorneys by administering extensive peer-review surveys. Ultimately, thousands of leading lawyers are selected confidentially to evaluate practicing peers. The current, 23rd edition of The Best Lawyers in America© is based on millions of detailed and carefully analyzed evaluations of lawyers submitted by their peers.

ABOUT BEST LAWYERS
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. More than 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

ABOUT SMILEY WANG-EKVALL, LLP
Smiley Wang-Ekvall, LLP is a premiere insolvency, real estate and business litigation firm. Its insolvency practice is dedicated to representing debtors, creditors, creditors’ committees, equity committees, trustees, and asset purchasers and helping them successfully navigate bankruptcy-related matters. Boasting a team of highly-experienced lawyers with transactional and litigation experience, Smiley Wang-Ekvall is committed to understanding client needs and combining critical thinking with innovative advocacy tactics to achieve the best possible results. As a specialized boutique firm with seven partners, Smiley Wang-Ekvall values diplomacy and collaboration among its team, clientele and industry peers. Headquartered in Costa Mesa and with an office in Los Angeles, Smiley Wang-Ekvall serves clients locally, regionally and nationwide. For more information, visit swelawfirm.com.

Media Contact:
Erin Stone
erin@echomediapr.com
714.573.0899 x 241

Amicus Attorney Named as Leading Solution in Survey Conducted by National Law Journal

Annual ‘Best Of’ Survey Polls Legal Community on Best Legal Service Providers

/EINPresswire.com/ — TORONTO, ON–(Marketwired – August 15, 2016) – Amicus Attorney, a subsidiary of Abacus Data Systems, Inc., the premier provider of fully managed legal technology solutions, announced today that Amicus Attorney and Amicus Cloud were named as winners in the 2016 National Law Journal “Best of the Midwest Survey.”

Legal professionals in Chicago, Minneapolis, Indianapolis, Cincinnati, Cleveland, Detroit, Kansas City and St. Louis were asked by The National Law Journal to rank the top companies providing professional services and products essential to the success of their law practices. Votes were tabulated in over sixty categories in order to compile this definitive and comprehensive guide to the Midwest’s most popular legal products and services.

Amicus Attorney was voted in the top three for Best Matter Management Software and Docketing & Calendar Software and Amicus Cloud was voted for Best Practice Management System in the Cloud.

“We are committed to making the lives of legal professionals easier and the practice of law more profitable through software solutions,” said Chris Cardinal, Executive Vice President, Software Engineering, Abacus Data Systems. “It is an honor to be recognized and have our products endorsed by our users and we greatly appreciate their support.”

The award winners in each category are published in the August 15th issue of The National Law Journal, a trusted source dedicated to delivering comprehensive news, trends and court decisions to in-house counsel, law firm attorneys and other top executives in the legal profession.

About Amicus Attorney
Amicus Attorney is practice management software that works the way lawyers do. It’s an easy, lawyer-friendly solution that serves as the hub of a law practice. Founded in 1993 and headquartered in Toronto, Amicus is a subsidiary of Abacus Data Systems. Tens of thousands of law firms worldwide use Amicus Attorney. The company’s numerous achievements are recognized through the success of its customers and through its alliances with key strategic partners. As a measure of this phenomenal success, Amicus Attorney has won more than 30 prominent industry awards, has been endorsed by major law societies and has been recognized by independent surveys as one of the most widely used practice management software in the USA.

For more information call 800-472-2289 or visit amicusattorney.com.

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800-472-2289
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Trial Attorney Cristina D. Hernandez Joins The Long Law Group Heading Up Its New Litigation Practice

/EINPresswire.com/ — PASADENA, CA — (Marketwired) — 08/15/16 — Toni Long, principal at The Long Law Group, PC, today announced that Cristina D. Hernandez has joined the firm as a partner to head up its new Litigation Practice Group. Cristina brings to the firm over 20 years of business and employment litigation experience representing corporations in complex business disputes, including internal investigations, securities matters, class actions, employment arbitrations, and partner disputes. She has practiced law throughout the nation including in Massachusetts and Wisconsin.

Founded in 2009, The Long Law Group is a woman and minority-owned law firm representing clients, nationwide, from startups to family-owned businesses to middle-market companies. The Long Law Group effectively represents clients in many areas of legal practice, including corporate transactions, mergers and acquisitions, sports and entertainment, employment, and business litigation.

Cristina has received numerous honors throughout her career, including being named the Latina Attorney of the Year by the Hispanic National Bar Association in 2009 and serving as the President of the Eastern District of Wisconsin Bar Association that same year. She has been listed in Best Lawyers in America for Securities Litigation and Commercial Litigation each year since 2012. Cristina earned her law degree from Harvard where she served as Editor in Chief for the Harvard Latino Law Review. She also graduated cum laude from Harvard with a Bachelors’ degree in U.S. History.

“Cristina is a great fit for The Long Law Group,” says Founding Partner Toni Long, “because she shares our firm’s vision of how best to represent our clients and always putting the clients’ interests first. While she has vast trial experience, Cristina also has a reputation for effectively resolving conflicts without litigation, which is the mark of a great client advocate. As the head of our Litigation Practice Group, she will help the firm expand into new territory. With Cristina’s added knowledge and experience, we look forward to the unique value she brings to our firm and our clients.”

Known as a trial attorney who has a track record for success, Cristina served as lead counsel for Bucyrus International in a $7.6 billion transaction with Caterpillar Inc., successfully defeating several motions in federal court to enjoin the shareholder vote brought by putative class representatives. Prior to joining The Long Law Group, she managed a successful law practice in Los Angeles. She also continues to work in the vital area of business diversity and inclusion for a leading national consulting group.

“In today’s business climate,” states Cristina, “where companies are always seeking to improve and advance business strategies, promoting diversity and inclusion in employment areas offers not only a unique opportunity to attract qualified candidates, but can strengthen a company’s footprint and open new doors in serving their existing client base.

“In joining The Long Law Group, I have forged a relationship with a firm that I believe in, as Toni and her team share the same vision of what it means to be a great lawyer: that a true advocate learns her clients’ business, gives advice that preserves and advances clients’ business goals and then acts proactively and ethically in advising them.”

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ADA Lawsuits With Late Night Fries on the Side — A Growing Phenomenon in Illinois

Chicago, IL (Law Firm Newswire) August 16, 2016 – Chicago is becoming a hot bed of legal activity for plaintiffs filing lawsuits invoking the Americans with Disabilities Act (ADA). One example is a possible class action lawsuit against McDonald’s Corp. alleging that a whole class of blind individuals are precluded from having a late night meal at the burger chain.

The most recent ADA lawsuit, a potential class action case, filed in the U.S. District Court for the Northern District of Illinois against McDonald’s Corp. by a Louisiana plaintiff alleging that the company policy bars the blind from eating in the restaurant later in the evening.

According to documents filed in the case, McDonald’s remains open for late-night customers, but during early morning and later evening hours only the drive-through is open. Pedestrians are not allowed to use the drive-through. This means people who don’t drive are not able to purchase food during these hours, a circumstance the plaintiff describes as a restriction of service to blind customers.

Filing in Illinois has slowly become a common way to get what many consider to be fair and equitable consideration of such cases. It is also a good choice for media coverage of such issues because Chicago ranks as the third-largest media market in the United States.

ADA cases of this kind are shaping up to be a busy industry, and it appears more suits of this nature are pending filing. There are approximately 94 lawsuits dealing with similar issues in Northern Illinois and 77 of those cases involve eight plaintiffs and a lone attorney.

“If such cases are successful, the results could be interesting,” said Timothy Coffey, a Chicago employment attorney. “A favorable decision could mean other franchise chains are sued, thus creating interesting case law.” Of further interest is the fact that it is not certain whether the ADA covers situations such as drive-through access so these multiple cases may result in varied judicial responses to address the situation.

Is suing McDonald’s going to result in some form of accommodation for blind customers? The answer may come about in the form of a court judgment, or it may not if the court chooses not to hear the case.

For now, it is McDonald’s, the corporation, being sued and not each individual franchisee — which would be another interesting development should that become a viable legal route to pursue to address this issue in the future, despite the fact that local McDonald’s owners have no control over procedures and policies. There is a possible first time for everything to change and for the law to catch up to those changes.

THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
Call: 312.627.9700

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Immigrant Children Face Severe Conditions on Entering U.S. Including Rape, Intimidation, Death Threats

Houston, TX (Law Firm Newswire) August 15, 2016 – Unaccompanied Central American children face horrendous travails when crossing the U.S. border.

Many of the children who attempt to come to the United States and make it across the border are running for their lives. Running from drug cartels, gangs and various situations that make it highly unsafe for them to continue living in their exceedingly dangerous home countries, often El Salvador, Honduras or Guatemala.

Young male and female children are used as mules to distribute illegal products. If they refuse, they may face death threats or be raped. Gangs recruit many of their members from local schoolyards. There is no safe place or protection for the children. They are faced with the daunting task of leaving home and somehow getting into the United States, long considered a haven of safety.

However, although the United States is the beacon that shines in the night for these frightened youngsters, those that win their deportation cases live in paralyzing fear that the seemingly omnipotent gangs are going to track them down and murder them.

According to a Department of Homeland Security (DHS) study conducted in 2014, children from El Salvador, Honduras and Guatemala perceived the risks of going it on their own to be far more preferable than staying at home — a conclusion that demonstrates how desperate child immigrants are to leave the strife and violence in their homelands.

While the conditions at home are worth fleeing to stay safe, what the children contend with when they are making their journey and when they arrive in the United States is horrific — rape, torture, abuse, and starvation. Virtually 60 percent of these youngest immigrations have potential claims for relief from deportation, a revelation that captured the nation’s attention in 2014 when the United Nations High Commissioner for Refugees took stock of the situation. What has been done to date?

The legal system is twisted and frightening. These children need legal assistance to deal with family courts, immigration courts, state juvenile courts and the asylum office. They are not entitled to free legal help and are between a rock and a hard place when DHS attorneys push to have them deported — back to the dangerous conditions that they fled, hoping for a safe haven. Without a lawyer, the Syracuse University’s Transactional Records Access Clearinghouse says that 9 out of 10 kids are deported. With an attorney they are five times more likely to obtain protection.

The American Dream or possible death on deportation? “It seems like a simple enough choice to assist these littlest refugees. However, the humanity in this disturbing scenario seems to be missing,” said respected Houston immigration lawyer, Annie Banerjee. “It’s time to halt the rocket docket and take a long hard look at how these children are being treated. That may be difficult to accomplish, as it appears that anti-immigrant sentiments are once again being stirred up by political controversy. Immigration reform is about children as well. This is a humanitarian crisis, not the opportunity to jeopardize children’s lives.”

Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139

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METLIFE VARIABLE ANNUITY ALERT — Securities Arbitration Law Firm of Klayman & Toskes, P.A. Announces Investigation of MetLife Securities Misconduct in Light of $25 Million in Fines and Restitution Imposed By FINRA

/EIN News/ — NEW YORK, Aug. 12, 2016 (GLOBE NEWSWIRE) — The Securities Arbitration Law Firm of Klayman & Toskes, P.A., www.nasd-law.com, announces investigation of MetLife Securities Inc. (“MetLife”)  misconduct in light of $20 million in fines and $5 million in restitution imposed by the Financial Industry Regulatory Authority (FINRA), for violations related to variable annuity replacement transactions. According to the Acceptance, Waiver and Consent, (FINRA No. 2014040870001), the fines and restitutions were due to FINRA’s findings that MetLife had made “negligent material misrepresentations and omissions on variable annuity (“VA”) replacement applications for tens of thousands of customers.”

FINRA commented that these misrepresentations “made the replacement [variable annuity] appear more beneficial to the customer, even though the recommended VAs were typically more expensive than customers’ existing VAs.” In addition, FINRA reported that during the time period of 2009-2014, MetLife made material misrepresentations and omissions in 72% of the 35,500 replacement applications the firm approved for variable annuities, examples of which included but were not limited to:

  • “MetLife informed customers that their existing variable annuity was more expensive than the recommended replacement, when in fact, the current one was less expensive;
     
  • MetLife failed to disclose to customers that the proposed replacement would reduce or eliminate important features in their existing variable annuity, such as accrued death benefits, guaranteed income benefits, and a guaranteed fixed interest account rider; and
     
  • MetLife understated the value of customers’ existing death benefits in disclosures mandated by Reg. 60.”

According to securities attorney Lawrence L. Klayman, “Our investigation is focused on MetLife sales practices that resulted in the replacement of existing variable annuities which led to a significant loss of benefits due to the reliance upon misrepresentations, conflicts of interest and a failure to supervise.”  K&T’s investigation is related to investments in MetLife variable annuities, including:

  • MetLife Access VA;
  • MetLife Access Select VA;
  • MetLife Accumulation VA;
  • MetLife Asset Builder VA;
  • MetLife Flexible Premium Deferred VA;
  • MetLife Investors VA;
  • MetLife Investors Custom Select VA; and
  • MetLife Investors COVA VA.

Current and former customers of MetLife who have information relating to the manner in which MetLife represented these financial products are encouraged to contact Lawrence L. Klayman, Esq. or Raymond Gentile, Esq. of Klayman & Toskes at (888) 997-9956, or visit our website at www.nasd-law.com.

About Klayman & Toskes, P.A.
K&T is a leading national securities law firm which practices exclusively in the field of securities arbitration and litigation, on behalf of retail and institutional investors throughout the world in large and complex securities matters. The firm represents high net-worth, ultra-high-net-worth, and institutional investors, such as non-profit organizations, unions, public and multi-employer pension funds. K&T has office locations in California, Florida, New York and Puerto Rico.

Destination: http://nasd-law.com/metlife-variable-annuity-alert-securities-arbitration-law-firm-of-klayman-toskes-p-a-announces-investigation-of-metlife-securities-misconduct-in-light-of-25-million-in-fines-and-restitution-im/

Contacts
                    Klayman & Toskes, P.A.
                    Lawrence L. Klayman, Esq.
                    Raymond Gentile, Esq.
                    (888)-997-9956
                    www.nasd-law.com

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