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Dannon Settles Activia Lawsuit
Court Watch | 2009/09/21 11:56

Last year we wrote that Dannon Co.was being sued for claiming that some of its yogurts provide a healthbenefit that other yogurts do not. A class action suit filed inCalifornia’s Los Angeles federal court accused Dannon of falselyadvertising its Activia, Activia Lite, and DanActive products andclaimed Dannon initiated a massive false advertising campaign toconvince consumers to pay more for yogurt containing probiotic bacteria.

Now, reports the LA Times, Dannon just settled the false-advertising lawsuit.The yogurt giant also agreed to create a $35-million fund meant toreimburse those consumers who bought Dannon’s Activia and DanActiveyogurts. Dannon denied the claims and did not admit to any wrongdoing,said the LA Times, but stated that it settled because it wished “toavoid the distraction and expense of litigation,” quoting spokesmanMichael Neuwirth.

Probiotic is a term that means “for life.” The human intestinaltract is filled with a huge amount of helpful, probiotic bacteria,which is a good thing since the human body is designed to havesymbiotic relationships with probiotic bacteria that assist indigestion and destroy harmful microorganisms. Science indicates that asthe body ages, the intestinal tract becomes more rigid at onlyaccepting intestinal flora it recognizes; it is difficult for the bodyto recognize or tolerate new good bacteria. Also, good bacteriadecrease; therefore, it is important to supplement with probiotics,initiating this process early on in life.

Anecdotal evidence suggests friendly bacteria help a variety ofdigestive problems; however, in the United States, no health claims forprobiotics have been approved. The United Nation’s Food and AgricultureOrganization defines probiotics as live microorganisms … which confer abeneficial health effect on the host. In other words, for bacteria tobe considered a probiotic, it must be beneficial to humans. As aresult, if food manufacturers label a food as containing probiotics,the benefits must be proven by research.

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Moody, Famiglietti & Andronico, LLP Names Partners
Law Firm News | 2009/09/15 09:26
TEWKSBURY, Mass.--(Business Wire)--
Moody, Famiglietti & Andronico, LLP, a proactive CPA and consulting firm, today
announced it has named as partners Pamela L. Sintros, CPA andJames H. Guarino,
CPA/PFS, CFP, MST.

"Both Pamela and Jim demonstrate tremendous commitment to client success with
professionalism, keen insight and responsiveness," said Carl J. Famiglietti,
Managing Partner at MFA. "We are confident that they will add immense value to
our leadership team with their talent, passion and experience."

Prior to joining MFA, Ms. Sintros spent a combined twelve years in the Assurance
and Business Advisory Services Practice of both Arthur Anderson, LLP and BDO
Seidman, LLP. Pam has extensive experience in the high technology, life
sciences, telecommunications, service and manufacturing industries. MFA clients
rely on Pam for her expertise in the areas of revenue recognition, stock-based
compensation, equity transactions and business combinations.

Prior to MFA, Mr. Guarino spent 19 years with the national CPA firm McGladrey,
where he served as Tax Director and headed up the firm`s wealth management
practice. At MFA, Jim provides strategic tax consulting, financial and business
planning guidance to individuals, family offices and closely held businesses.
Jim`s diverse knowledge as a tax and wealth management advisor has also enabled
him to serve as "Personal CFO" for a number of MFA`s high net worth clients,
orchestrating their various business, estate and tax planning transactions and
coordinating with their other advisors.


Kirkland & Ellis Lays Off Associates in New York, D.C.
Law Firm News | 2009/09/08 09:14
According to The Wall Street Journal, Kirkland & Ellis earlier today laid off more than 20 associates in its New York office, according to a person familiar with the matter. Associate layoffs also hit the firm’s Washington, D.C. office.

The layoffs came at the end of the firm’s annual associate-review process. Associates deemed to have not been on track to make either equity partner or non-equity partner were asked to leave, the person familiar with the matter said. The numbers of associates asked to leave were higher than last year’s, partly due to the economy and partly due to a lack of attrition experienced by the firm throughout the year.

Kirkland is one of a handful of firms that has weathered the downturn in the economy without making dramatic salary cuts or deferring start-dates. The firm hasn’t instituted layoffs since this time last year. The firm recently made several dozen associates non-equity partners, and gave offers to a significant majority of this year’s summer-associate class.


Baker Botts Hits $100 Million Mark In Asarco Bankruptcy
Law Firm News | 2009/08/31 09:09
According to The American Lawyer, as Tucson, Ariz.-based mining company Asarco nears the end of its four-year bankruptcy odyssey, lead debtors counsel Baker Botts submitted its 12th application for fees on Friday.

The filing put the firm past the $100 million mark in billable hours since Asarco filed for bankruptcy in August 2005 after getting hit with a series of asbestos and environmental pollution suits.

It pales in comparison to the $100 million in fees that Weil, Gotshal & Manges has racked up in just a year's worth of bankruptcy work for Lehman Brothers, but Baker Botts may have more work ahead.

"This is probably the middle of the end, and the end should certainly be in sight," Baker Botts bankruptcy and insolvency Chair Jack Kinzie says. "The final closing argument on the confirmation hearing was today and we expect a ruling from the judge on Monday."


Lawyers And Firms Stake Claims In Masry & Vititoe Bankruptcy
Law Firm News | 2009/08/28 10:33
According to The National Law Journal, at least four lawyers and law firms are among the top creditors of Masry & Vititoe, the personal injury law firm of "Erin Brokovich" fame that filed for Chapter 11 bankruptcy protection on Aug. 14.

The firm, based in Westlake Village, Calif., said in bankruptcy court papers that it has spent $3 million defending lawsuits filed by the family and estate of former name partner Edward Masry, who died in 2005.

"Not only did a number of litigants come forward alleging that Mr. Masry had promised them certain assets and cash from the firm, additionally, his own estate and heirs instituted claims which have caused the firm to spend its resources, in time and staff, defending such claims," the firm said in an Aug. 24 motion seeking cash collateral in order to keep operating.


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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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