Tag Archives: lawsuit

Sony hack puts cybersecurity high on new Congress’ agenda



The Interview

Sony Pictures Entertainment postponed its planned Dec. 25 release of “The Interview” because of threats from hackers.









Kent Hoover
Washington Bureau Chief

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Expect cybersecurity to be high on Congress’ agenda in January, thanks to the hacking of Sony Pictures Entertainment and the company’s decision not to release “The Interview” because of the threat of terrorist attacks against theaters that show the movie.

North Korea is suspected of being behind the Sony hacks. “The Interview” is farce about two television journalists enlisted by the CIA to assassinate North Korean leader Kim Jong-un.

To Sen. John McCain, R-Ariz., this hacking is a national security issue. He blamed President Barack Obama for not doing more to protect companies from cyber threats.

“North Korea’s cyber attack on Sony Pictures is only the latest in a long and troubling list of attempts by malign actors to use cyber to undermine our economic and national security interests,” McCain said. “From Iranian and Russian attacks on American banks to China’s orchestrated campaign to steal military secrets from our defense contractors, the administration’s failure to deter our adversaries has emboldened, and will continue to embolden, those seeking to harm the United States through cyberspace.”

McCain, who likely will chair the Senate Armed Services Committee in the next Congress, promised to “enhance congressional oversight of related programs, operations and activities by establishing a subcommittee focused on cyber matters such as this, and hold the administration accountable.”

He also called on Congress to “finally pass long-overdue comprehensive cybersecurity legislation.”

Obama agrees with McCain that legislation is needed to encourage businesses and the government to share information about cyber threats with each other.




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Penguin Drive-In’s Ch. 11 case dismissed, eatery barred from refiling



Penguin Drive In sign

The Penguin has been closed since July.





Truly Elegant Home With Outdoor Oasis15 photos







Jennifer Thomas
Staff Writer- Charlotte Business Journal

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The Penguin Drive-In’s bankruptcy filing was dismissed with prejudice on Thursday after manager Lisa Ballentine failed to appear in court.

U.S. Federal Bankruptcy Court Judge J. Craig Whitley said the case had come to a standstill, despite lawyers’ efforts to hammer out an agreement surrounding the sale of the restaurant’s equipment and trademark.

He then dismissed the case and barred the eatery from refiling without prior approval from a judge.

This is the second time the Penguin has sought bankruptcy protection.

The Plaza-Midwood burger joint saw its first Chapter 11 filing dismissed in May for failure to file reports and pay court fees.

Earlier this month, a bankruptcy administrator told the court that the Penguin and affiliated holdings had again failed to file required paperwork and pay fees.

On Thursday, Ballentine’s lawyer, Samantha Brumbaugh, sought — and was granted — the right to withdraw as her counsel, noting that Ballentine would no longer discuss the sale of assets.

The Penguin was pursuing the sale of its assets as part of the bankruptcy proceedings. Bankruptcy filings show The Penguin Drive-In and related affiliates have liabilities of more than $375,000.

That equipment is currently being stored at the Penguin’s former home, 1921 Commonwealth Ave.

The Penguin was evicted from that building in November after failing to make lease payments and maintain electrical service to the building.

That property is owned by 1921 Commonwealth Avenue Holdings, a limited liability company that is managed by lawyer Don Rawlins.

Rawlins may file in state court to resolve ownership issues surrounding the trademark and equipment.

Jennifer Thomas covers retail, health care and education for the Charlotte Business Journal.




Article source: http://feeds.bizjournals.com/~r/industry_14/~3/OZop8PYFYZU/penguin-drive-ins-ch-11-case-dismissed-eatery.html

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Nashville Bar Association picks next leader



Joycelyn Stevenson, a partner at Littler Mendelson in Nashville, has been picked to the Nashville Bar Association's next president. She'll take over in 2016.

Joycelyn Stevenson, a partner at Littler Mendelson in Nashville, has been picked to the Nashville Bar Association’s next president. She’ll take over in 2016.









Scott Harrison
Staff Reporter- Nashville Business Journal

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Joycelyn Stevenson, a Nashville partner with Littler Mendelson, has been elected to be the next president of the Nashville Bar Association.

Stevenson, whose practice focuses on labor and business immigration law, will become the Nashville Bar’s president-elect on Jan. 1, according to a news release.

She will take over as president beginning January 2016.

“I am honored to continue to serve the NBA in a leadership capacity,” said Stevenson. “As I step into this role, I look forward to supporting the NBA’s mission of assisting our members in expanding their legal knowledge, advancing their career goals and giving back to the local legal community.”

Ed Lanquist, the manager shareholder at Nashville’s Waddey Patterson, becomes the group’s president at the beginning of 2015.

Want Nashville news in your inbox? Click here to sign up for our email newsletters.

Scott Harrison covers government and economic development, banking and law.



Article source: http://feeds.bizjournals.com/~r/industry_14/~3/tPEImTdEo24/nashville-bar-association-picks-next-leader.html

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Charlie Faruki’s short lived comic career, and other things you didn’t know about him



POM HS Faruki, Charles WEB

Charlie Faruki is a partner at Faruki, Ireland Cox in Dayton.









Olivia Barrow
Senior Reporter- Dayton Business Journal

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In a parallel universe, Charlie Faruki would like to play saxophone with the Rolling Stones.

“I don’t have any talent with saxophone, you understand,” he said, but it’s still a dream. The partner at Faruki, Ireland Cox in Dayton never learned to play an instrument, but he’s always had an interest in music.

Faruki sat down to talk with me, and we left the law discussion behind — at least, as much as possible for someone whose life has been defined by law practice since he began in 1974.

Q: What kind of music do you like?

A: I do like the Rolling Stones. I have their Forty Licks CD. I listen to a lot of Mozart, both in the office and at home. I like jazz. My dad was a doctor and he did an internship in New Orleans in the 40s. That was the height of jazz. So I grew up listening to jazz in the house. And I like Dean Martin.

Q: Have you traveled much? What place has inspired you most?

A: I’ve traveled a lot overseas, for vacation and sometimes I have to go to England for work. I like London and Paris. If I could reproduce any environment, it would be Paris. It’s a beautiful city.

Q: Where do you get your inspiration from?

A: I have two heroes. My father — I’ve felt his hand on my shoulder for all of my professional life. I’ve consciously modeled how I practice law after how he practiced his profession. Hard work, commitment to the profession. He was a good role model in terms of constant study and improvement. He was always reading. And Winston Churchill — I’m a big fan. I’ve read his books. I’ve taken inspiration from how he never gave up.

Q: What’s the worst part about your job?





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Suthers to defend Colorado’s pot laws from suit by neighboring states



Marijuana legalization Denver

Drew Wilmeth, a grower at Medicine Man marijuana dispensary, works amid plants.









Molly Armbrister
Reporter- Denver Business Journal

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Colorado Attorney General John Suthers today announced he will defend Colorado’s marijuana laws in a suit brought by two neighboring states.

The attorneys general of Nebraska and Oklahoma have filed suit against the State of Colorado, alleging that Amendment 64 and its implementation is unconstitutional under the Supremacy Clause of the U.S. Constitution.

Suthers issued the following statement Thursday: “Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action. However, it appears the plaintiff’s primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend it in the U.S. Supreme Court.”

“Federal law undisputedly prohibits the production and sale of marijuana,” said Nebraska Attorney General Jon Bruning, during a press conference Thursday, according to a report from the Omaha World-Herald. “Colorado has undermined the U.S. Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles.”

Bruning also said that he blames U.S. Attorney General Eric Holder for not enforcing federal drug laws, according to the World-Herald report.

“I am adamantly against the spread of marijuana across our country,” Bruning said.

“In our constitutional system, the federal government has preeminent authority to regulate interstate and foreign commerce, including commerce involving legal and illegal trafficking in drugs such as marijuana,” the lawsuit states.

Molly Armbrister covers real estate, retail and construction for the Denver Business Journal and writes for the “Real Deals” blog. Phone: 303-803-9232.




Article source: http://feeds.bizjournals.com/~r/industry_14/~3/eBVUEe3VkqQ/suthers-to-defend-colorados-pot-laws-from-suit-by.html

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Creative Recycling Systems files for voluntary Chapter 7 liquidation



CreativeRecycling TampaTrucks IMG 9447

Trucks outside a Creative Recycling Systems building in Tampa.









Pam Huff
Director of News Operations- Tampa Bay Business Journal

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The Chapter 11 trustee in the Creative Recycling Systems’ bankruptcy case has filed a notice for voluntary conversion to Chapter 7 bankruptcy liquidation.

Gerald A. McHale Jr. is the trustee in the case. Bankruptcy code allows a debtor to convert from Chapter 11 to Chapter 7 if eligible.

The Tampa e-waste recycler filed for Chapter 11 bankruptcy protection in late August, after Regions Bank sued the company earlier this year for more than $18 million.

The company has since closed all of its facilities around the country and laid off hundreds of employees. Recently, the judge in the case in the U.S. Middle District of Florida ordered that the company could abandon all property burdensome to the estate. This allowed secured creditors or third parties in possession to exercise non-bankruptcy law rights to foreclose, sell or dispose of property, according to U.S. Bankruptcy Rule.

Johnson Pope Bokor Ruppel Burns LLP’s Michael Markham, attorney for McHale, said the possibility of selling the company is no longer on the table.

“That was something the receiver had attempted to make happen and then there was a little bit of life,” Markham said. “When you’ve got a situation where the bank’s claim is many multiples of the highest offer, you know you don’t have a lot to work with.”

Markham said the judge approved the conversion to Chapter 7 on Thursday.

Read more about the Creative Recycling Systems’ case here.

Pam Huff is Director of News Operations for the Tampa Bay Business Journal.




Article source: http://feeds.bizjournals.com/~r/industry_14/~3/co4cCYZ3_GA/creative-recycling-systems-moves-to-voluntary.html

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Federal energy regulators will wade into Boulder-Xcel battle



BoulderSmartGrid2009Web

An Xcel lineman installs equipment in Boulder.









Cathy Proctor
Reporter- Denver Business Journal

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The Federal Energy Regulatory Commission (FERC), the agency that oversees interstate movement of electricity, natural gas and oil, said Thursday that its approval is necessary before Boulder can acquire any assets that currently belong to Xcel Energy Inc.

Boulder and Xcel (NYSE: XEL) have been battling for years over the city’s plan to condemn portions of Xcel’s electricity grid in and around the city to set up its own municipal utility for its residents.

FERC, in a decision announced Thursday, said that in deciding whether Boulder should have Xcel’s equipment, it will consider what effect the transfer might have on rates, regulation and other factors.

The agency also reaffirmed that the Colorado Public Utilities Commission (PUC) has jurisdiction in the matter.

Xcel considered FERC’s decision a win.

“We are pleased with this decision and believe it supports our general position in the various pending legal matters that there is a structured and necessary process the city [of Boulder] must follow to protect the statewide electric system and all of our customers,” said Xcel spokeswoman Michelle Aguayo in an email.

“As we have stated in the past, there is a process to be followed that includes recognizing the important role both the CPUC and FERC play in maintaining the reliability of the grid and these Commissions must be allowed to see the city’s plans and make rulings prior to the city trying to condemn our business,” she said.

Boulder City officials also considered the decision a victory, noting that the regulators disagreed with positions taken by Xcel and the PUC regarding the city’s condemnation case.

Cathy Proctor covers energy, the environment and transportation for the Denver Business Journal and edits the weekly “Energy Inc.” newsletter. Phone: 303-803-9233. Subscribe to the Energy Inc. newsletter



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Article source: http://feeds.bizjournals.com/~r/industry_14/~3/jaPcl7n7ZjE/federal-energy-regulators-will-wade-into-boulder.html

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