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Outgoing NC Sen. Stevens resigns, joins law firm
Attorney Blog News | 2012/09/14 12:09
A state senator has resigned from the North Carolina General Assembly and is joining a Raleigh law firm to help clients on economic development, regulatory and other government policy issues.

Five-term Republican Sen. Richard Stevens of Cary resigned effective last Friday, and the Smith Anderson law firm announced his hiring Monday.

Stevens already had announced in February he wasn't seeking re-election this fall. He served in the budget-adjusting session that ended in early July. Stevens is a former Wake County manager who once served as the trustee board chairman at the University of North Carolina at Chapel Hill.

It's unclear whether Wake County Republican leaders will choose someone to serve out the remaining four months of Stevens' term, since there are no plans for the Legislature to reconvene this year.


Federal agency charged with enforcing consumer finance laws
Topics in Legal News | 2012/09/12 12:09
The new federal agency charged with enforcing consumer finance laws is emerging as an ambitious sheriff, taking on companies for deceptive fees and marketing and unmoved by protests that its tactics go too far.

In the 14 months it has existed, the Consumer Financial Protection Bureau has launched dozens of enforcement probes and issued more than 100 subpoenas demanding data, testimony and marketing materials -- sometimes amounting to millions of pages -- from companies that include credit card lenders, for-profit colleges and mortgage servicers.

More than two dozen interviews with agency officials and industry executives offered sweeping insight into the new agency's behind-the-scenes efforts, which have taken the financial industry off guard and have been far more aggressive than previously known.

The number of subpoenas and probes was confirmed by agency, industry and trade group officials who spoke to The Associated Press on condition of anonymity because the subpoenas bar both sides from discussing them.

The bureau's actions have many banks, payday lenders and credit card companies racing to adjust. They're tightening their record-keeping and budgeting for defense lawyers, according to attorneys and trade group executives who work with them. The companies themselves are reluctant to discuss the bureau because they don't want to be seen as criticizing a regulator that is still choosing its battles.


W.Va. court hears 'rescue' funding arguments
Legal Blog News | 2012/09/07 16:07
Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the state court was told during a hearing Tuesday.

Adam Skaggs, lawyer for the Republican hopeful, argued that legislative and executive branch officeholders are expected to favor agendas and interest groups that helped them win. But judges are supposed to harbor no bias, and West Virginia created the public financing pilot program amid concerns about campaign cash influencing the judiciary, said Skaggs, an official with the nonpartisan Brennan Center for Justice at New York University's law school.

"The state has compelling interests in the context of judicial elections that are absent from any other type of election," Skaggs told the court.

The point is crucial to Loughry's pursuit of "rescue" funds, normally triggered by spending by a traditionally financed candidate or outside group. With two, 12-year terms up on the court this year, Loughry alone among the four Supreme Court candidates has sought and received funding through the pilot program. Provided $350,000 for the general election, Loughry is seeking another $144,500 or so in matching funds.


N.Y. probing equity firms, including Bain
Top Court Watch | 2012/09/05 16:07
New York's attorney general is investigating tax strategies of some of the nation's largest private equity firms, including Bain Capital, founded by Republican presidential nominee Mitt Romney, an official familiar with the probe said Sunday.

Attorney General Eric Schneiderman is examining whether the firms have abused a tax strategy to avoid paying hundreds of millions of dollars in taxes, said the official, who spoke on the condition of anonymity because of the sensitivity of the probe. The practice involves converting some fees collected for managing accounts into fund investments, resulting in a lower tax rate.

Some tax experts who spoke to The New York Times, which first reported the investigation Sunday, believed the strategy was potentially illegal, though other experts said it was commonplace and proper.

The Democratic attorney general sent subpoenas to more than a dozen firms, including Kohlberg Kravis Roberts & Company, TPG Capital, Sun Capital Partners, Apollo Global Management, Silver Lake Partners and Bain Capital, according to the official.



Ohio man pleads not guilty to Pitt threat charges
Top Court Watch | 2012/08/31 12:02
An Ohio man charged with conspiracy for allegedly claiming to be part of the computer hacking group "Anonymous" and posting a YouTube threat to release confidential computer information belonging to the University of Pittsburgh pleaded not guilty on Tuesday.

Alexander Waterland, 24, of Loveland, Ohio, and his attorney declined comment after his 15-minute arraignment before U.S. Magistrate Judge Maureen Kelly.

A federal grand jury earlier this month indicted Waterland and Brett Hudson, 26, of Hillsboro, Ohio, on charges they posted the threats in April and May. Online court records don't list an attorney for Hudson, who is scheduled to be arraigned in Pittsburgh on Sept. 6. Hudson has previously told The Associated Press he won't comment on the charges.

Although Pitt officials later determined their computer information was never hacked, the threats claimed it was and the FBI determined that Waterland and/or Hudson had downloaded some personal information from students and faculty and emailed some of it to Pitt officials to "prove" the hacking had occurred.



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