Wednesday, June 30, 2010

Goldman More Open Since Subpoena, F.C.I.C. Says

Goldman Sachs has changed its tune, becoming more responsive to information requests from the Financial Crisis Inquiry Commission since being subpoenaed, the heads of the F.C.I.C. said Tuesday, according to a report from Bloomberg News.

The investment bank has also made its chief, Lloyd C. Blankfein, available for an interview, Phil Angelides, the chairman of the F.C.I.C., and the deputy chairman, Bill Thomas, said during a conference call with reporters.

Last month, the commission investigating the causes of the financial crisis subpoenaed Goldman Sachs and accused the investment bank of trying to delay and disrupt its inquiry.

“Goldman Sachs has not, in our view, been cooperative with our requests for information, or forthcoming with respect to documents, information or interviews,” Mr. Angelides said at the time.

However on Tuesday, Mr. Thomas said: “I have no question that we will get it in a timely matter now.”

As for the bank’s chief, Mr. Angelides said that Mr. Blankfein had been interviewed “at length” recently by commission staff.

In June, the commission harshly rebuked Goldman Sachs for what its said were delay tactics.

“They may have more to cover up than either we thought or than they told us,” Mr. Thomas said at the time.

Mr. Angelides and Mr. Thomas accused Goldman of inundating the panel with data — about five terabytes, equivalent to several billion printed pages — and dragging its feet on answering detailed questions about derivatives, securitization and other business activities.





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Monday, June 28, 2010

GOP Pounces After Democratic Candidate’s Subpoena In Blagojevich Trial

Chicago, IL, United States (AHN) – Illinois State Treasurer Alexi Giannoulias has been subpoenaed by lawyers of former Gov. Rod Blagojevich to testify during the former governor’s corruption trial.

Giannoulias told the Chicago Tribune on Sunday that he introduced a union official to Valerie Jarrett, White House senior advisor and presidential assistant for Intergovernmental Affairs and Public Engagement.

Jarrett is believed to have been President Barack Obama’s choice for the Senate seat he vacated when he won the presidency. Blagojevich is accused of trying to sell his appointment to the seat, which Giannoulias is seeking in the November election against Rep. Mark Kirk.

Federal wiretaps played last week at the trial had Blagojevich’’s former chief of staff, John Harris, saying that Giannoulias had called him about the Senate appointment. Giannoulias told the Tribune he called to recommend Jarrett, a close friend of the Obamas, for the seat, but that he had not acted on the president’s behalf.

Republicans have been emphasizing Giannoulias’ ties to Blagojevich, who is a Democrat, in hopes of diverting attention away from Kirk’s “overstatements” about his military record. They point out that Giannoulias previously claimed Blagojevich’s staff had “reached out” to him about the vacant seat.



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Friday, June 25, 2010

Vacationing Ex-CEO Tierney Seeks to Dodge Subpoena

Philadelphia Newspapers LLC is trying to get former Chief Executive Brian P. Tierney out of testifying at the company’s Chapter 11 plan-confirmation hearing, which began Thursday.

The company, which publishes the Philadelphia Inquirer and Philadelphia Daily News, said in bankruptcy-court papers that Tierney is not required to appear in part because the subpoena was not delivered to him but was instead delivered to his niece.

“The attempted service was made by handing a copy of the subpoena to Mr. Tierney’s niece who was at Mr. Tierney’s residence while he was in Europe, traveling with his family,” company attorneys said.

That attempt was a violation of court rules that require “personal service of subpoenas,” they said.

In addition, Tierney doesn’t plan to return to the U.S. until Monday evening, the day the three-day hearing is scheduled to conclude.

“Requiring Mr. Tierney to testify…would be unduly burdensome,” the company said.


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Wednesday, June 23, 2010

John Edwards Hiding From Process Server?

John Edwards is a wanted man. Specifically, by the hapless legal courier who for the past few weeks has been trying to serve him with court papers to compel him to give a sworn deposition in the lawsuit his mistress, Rielle Hunter, filed against his former aide, Andrew Young.

"Let us know if you find him," chortles Young's attorney, Robert "Hoppy" Elliot. "Because we've been looking for him all over the place!"

Elliot and his team have company. Since surfacing in January, when he went to Haiti in the wake of the devastating earthquake, John Edwards has literally disappeared from the national scene. Over the past two months, he receded even further, becoming a ghost even around the Research Triangle of North Carolina, which he calls home. Few of the people who worked for him as a presidential candidate have heard from him, and not even his lawyers return reporters' repeated phone calls. (They also refuse to accept the deposition subpoena on behalf of their client.)


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Tuesday, June 22, 2010

Service of Process Through Email? Closer than we thought?

Civil procedure rules require that plaintiffs notify defendants of the lawsuits filed against them; this is called “service of process.” Traditionally, service of process is done through personal service; this means, by delivering a copy of the lawsuit to the defendant’s residency or place of business. Given the increasing use of electronic communications nowadays and the proliferation of online businesses, could service of process be accomplished through e-mail?  Various United States courts have already entertained this question, and some have denied the possibility that defendants be served through the use of e-mail, while others have allowed service by e-mail. This article provides examples of two district court decisions regarding service of process through e-mail.
The Federal Rules of Civil Procedure establish that individuals and corporations may be served “following state law for serving a summons . . . in the state where the district court is located." Fed. R. Civ. P. 4(e)(1), (h)(1)(A). Thus, state rules determine how plaintiffs serve on defendants.  When personal service of process cannot be accomplished, plaintiffs usually resort to alternate means to serve defendants as allowed by state law.  For instance, under Michigan law, when service of process cannot be made as provided by the civil procedure rules, “the court may allow service of process to be made in any other manner reasonably calculated to give defendant actual notice of the proceedings and an opportunity to be heard.” M.C.R. 2.105(I). This Michigan rule is common to most U.S. states.
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Monday, June 21, 2010

Jaycee Dugard's Biological Father to Petition Court to Avoid "Terror" of Process Server

Jaycee Dugard's biological father Ken Slayton will hold a news conference with his lawyer Gloria Allred on Friday to respond to a recent highly-critical statement issued by Jaycee's family spokesperson, RadarOnline.com has learned exclusively.

EXCLUSIVE: Jaycee Duggard Hires Celebrity Lawyer Who's Rep'd Lindsay Lohan, Paris Hilton & O.J. Simpson

Jaycee has no wish to see Slayton according to a statement released by Nancy Seltzer on Wednesday. Seltzer, a long-time Hollywood publicist, represents the Dugard family and contended that Slayton is attempting to petition a court to establish paternity. She said the family wants to avoid the "terror" of a process server.

The Dugard family statement - titled "DNA Does Not A Family Make" - was highly critical of Slayton and asserted that he had shown "no interest" in Jaycee until now. "It is now Jaycee Dugard's turn to express her feelings and she has no interest," the statement read.

EXCLUSIVE: Jewelry Store Flooded With Donations For Jaycee Dugard

Now Slayton, with his high-powered attorney Allred by his side, will respond at 10:30 am PT Friday in Los Angeles. Slayton will address "the Dugard family press statement which affirmed that Mr. Slayton is Jaycee's father, but then attacked him with what he believes are misleading and untrue statements about him and his efforts to establish a relationship with his daughter," he says.

As RadarOnline.com has previously reported, Jaycee was kidnapped by Phil Garrido and held captive for 18 years. Garrido is the father of her two daughters. Jaycee and her daughters

have lived with her biological mother since being rescued last year.


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Friday, June 18, 2010

Louisiana Lawmakers to Subpoena Transocean Officals

Louisiana senators are issuing a subpoena to Transocean Ltd. officials, trying to get them to appear at a Thursday hearing aimed at getting more details about the oil spill gushing in the Gulf of Mexico.

The Senate Natural Resources Committee decided Tuesday to send the subpoena after Transocean notified the committee that its officials won't be attending the legislative hearing because they'll be in Washington for a congressional hearing.

Sen. Nick Gautreaux, chairman of the committee, says BP and Halliburton will have officials at Thursday's hearing, even though they also will participate in the congressional hearing. Gautreaux says Transocean can do the same.


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Wednesday, June 09, 2010

Procecss Server Punched by a Cop - Case Dismissed

The case against a Buffalo police officer accused of punching a process server last October was adjourned in contemplation of dismissal without conditions prior to a scheduled trial Thursday in Lancaster Town Court.

Ann Vanyo, 37, faced a violation harassment count in the alleged attack Oct. 20, when she was served court papers by Raymond Lewandowski. Lewandowski filed a police complaint against Vanyo, alleging she chased him and punched him after he served the papers on her in Lancaster.

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