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Reserve Yield Plus Fund (RYPQX) -- Investors Fight Back

NBR Law — Mon, 06 Oct 2008 13:33:46 GMT

TDAmeritrade sold the Reserve Yield Plus Fund (RYPQX) to its clients, claiming it was a "money market" fund. Of course, the fund is not technically a money-market fund, but it was presented to clients as one...and in lies the potential liability.

Investors that purchased the Reserve Yield Plus Fund have formed an Internet group to trade evidence and explore legal options. Attorney Vincent Imbesi is leading the charge. He plans to file multiple arbitration claims with FINRA, this week, against TDAmeritrade.

"Some of the stories are heartbreaking. Some elderly clients invested their entire life savings in the Fund, and they cannot afford to their daily living expenses, because their money is completely frozen," Mr. Imbesi explained.

If you have purchased the Reserve Yield Plus Fund or Reserve Primary Fund, please call or e-mail Vincent Imbesi.

Vincent Imbesi is the head securities attorney at Napoli Bern Ripka LLP. He has recovered millions of dollars for individual investors. He provides a free consultation for investors with potential claims of stock fraud or negligence.

Originally posted at InjuryBoard by NBR Law

The Jury is still out on the Letterman Extortion Case

Paul Napoli — Wed, 07 Oct 2009 11:43:13 GMT

Legal experts around the country are in disagreement as to how comedian David Letterman should have handled threats of extortion against him. Some think it was wise to contact the authorities right from the start while others think it could have been handled in a more private manner.

Details of the bizarre story emerged last week when Letterman divulged some of the details on his late night show. He told the audience that someone had given him a package that contained information that showed that Letterman had engaged in sexual activity with some of the females that work for him on the show. It was later revealed that the person in question was a producer for the television show 48 Hours by the name of Robert “Joe” Halderman. In exchange for keeping quiet, Halderman demanded $2 million from Letterman.

Letterman immediately contacted his attorney who met with Halderman at the Essex House hotel. After three meetings with Letterman’s lawyer, Halderman was arrested on September 30 when he tried to cash the $2 million check. Halderman is said to have learned of Letterman’s affairs through his former girlfriend, Stephanie Birkitt, who was Letterman’s former assistant.

When Letterman revealed this information to his audience last week they thought he was kidding and some people even laughed. The staff was not told ahead of time what was happening so they were unprepared as well. From the moment Letterman dropped the bombshell that is all people have been talking about.

Criminal defense attorney Mark Geragos believes that Letterman could have handled things a lot more discreetly. He has handled several cases for celebrities and high profile people and claims that he has never had to shell out any money for extortion cases once you let the blackmailer know that he or she is committing a crime.

Besides the legal ramifications, Geragos feels that Letterman has left himself wide open to being the butt of jokes, criticism for his behavior and backlash from people who believe that he is guilty of sexual harassment, something that is taken very seriously in today’s society.

On the other side of the fence is professional crisis manager Eric Dezenhall who feels that sometimes it is best to go right to the authorities, especially if you are dealing with an amateur. He claims that there are ways to legally demand money from celebrities without really breaking the law. He has had his share of clients whom he has had to protect but he wouldn’t name any names.

Extortion demands against high profile personalities are certainly nothing new. Bill Cosby had to admit to an extramarital affair years ago and most recently John Travolta and his wife Kelly Preston were victims of a cruel request for money in exchange for keeping details of their son’s death quiet.

The fate of Letterman’s career and marriage are on the line and it is anyone’s guess as to how they will play out. He apologized on his show to the women on his staff and especially his wife of five years, Regina.

Originally posted at InjuryBoard by Paul Napoli

Reserve Yield Plus Fund (RYPQX) – Hurry up and wait…

NBR Law — Thu, 16 Oct 2008 13:55:35 GMT

Neither Reserve or TDAmeritrade have released any information regarding when the fund’s shares will begin trading, or at what price. I have spoken to over 100 investors who are ready and waiting to file their claims against TDAmeritrade, should that NAV fall below 1 dollar.

If you have purchased the Reserve Yield Plus Fund or Reserve Primary Fund, please call or e-mail Vincent Imbesi.

Originally posted at InjuryBoard by NBR Law

Exposure to Hepatitis C Could Spark Lawsuits

Alan Ripka — Thu, 16 Jul 2009 12:14:46 GMT

Today’s news and newspapers uncovers Northern Westchester hospital, in Westchester NY, as having potentially exposing 6,000 patients to Hepatitis C. The patients were injected with what they thought was Fentanyl, a painkiller. However, a surgical technician had substituted the drug with saline after injecting herself because of a drug dependency. She put back the very needles she used, which were then used on patients. The surgical technician had Hepatitis C, which infected many of the needles, thus infecting patients that were injected with the same needle. All of these patients may have a lawsuit for medical malpractice or negligence for their personal injuries.

Hepatitis C is a liver disease caused by the Hepatitis C virus. It can result in liver cirrhosis and cancer. It is mainly transmitted through contact with the blood of an infected person, primarily through sharing contaminated needles to inject drugs. Symptoms can include decreased appetite, fatigue, abdominal pain, jaundice, itching, and flu-like symptoms. However, most infected people experience no symptoms, and the infection is many times discovered accidentally. Although infection can be treated with medication, only around half of those infected are completely cured.

It is Alan Ripka’s opinion that the hospital and their agents were negligent in allowing this to happen. The hospital should have supervised its employees and been certain that the needles and drugs were counted, monitored, and supervised. By allowing access to these narcotic painkillers, they put the public at risk, especially patients who would be injected with these syringes. Not to mention that the patients who needed the pain killer to relieve their discomfort received nothing more than the saline solution that had been substituted by the drug-addicted surgical technician. The hospital and their staff should have seen that the patients were getting no relief from their pain and investigated why. They would have then determined with simple lab tests that the syringes or needles didn't contain the painkiller, but instead, the saline solution, and this would have triggered an investigation that would have prevented this from occurring. Now, as a result of this medical malpractice, many innocent people will live with Hepatitis C.

If you, a friend or loved one was at or treated at Northern Westchester Hospital between October 8, 2007 and February 28, 2008, and believe you may have been exposed, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please contact Alan Ripka, one of our partners.

Originally posted at InjuryBoard by Alan Ripka

WHO to Report Cell Phones Linked to Cancer in Study

Paul Napoli — Mon, 26 Oct 2009 14:33:18 GMT

The World Health Organization (WHO) will publish the results of a ten-year study that found heavy cell phone users face a higher risk of developing brain tumors , London’s newspaper The Daily Telegraph reported October 24. There are 4 billion cell phone users worldwide, 270 million users in the United States who could be affected by the results.

The World Health Organization (WHO) is the directing and coordinating authority for health within the United Nations system. It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.

While cell phone manufacturers and service providers have contended for years that cell phone use is safe, studies may have linked it to three types of brain tumors glioma, meningioma and acoustic neurinoma in addition to parotid salivary gland tumors. The WHO’s results will be based on an Interphone study conducted in 13 countries, Australia, Canada, Denmark, Finland, France, Germany, Israel, Italy, Japan, New Zealand, Norway, Sweden and the UK using a common core protocol. Interphone is the largest case-control study to date investigating whether mobile phone use increases the risk of cancer and, more specifically, whether the RF fields emitted by mobile phones are carcinogenic.

A breakdown of the latest findings, seen by The Daily Telegraph, shows that six of eight Interphone studies found some rise in the risk of glioma (the most common brain tumor), with one finding a 39 per cent increase. Two of seven studies reported a higher risk of acoustic neurinoma after using cell phones for 10 years. "In the light of a number of studies which, though limited, suggest a possible effect of radio-frequency radiation, precautions are important," Dr. Elisabeth Cardis, the head of Interphone told The Daily Telegraph.

Cardis is not the first to warn about risks associated with cell phone usage. In July of 2008, ABC News reported that Dr. Ronald Herberman, director of the University of Pittsburgh Cancer Institute, contradicted years of research in a memo to 3,000 colleagues warning them of a connection between cell phone usage and brain cancer and cautioning them to keep phones away from children. "Although the evidence is still controversial, I am convinced that there are sufficient data to warrant issuing an advisory to share some precautionary advice on cell phone use," he wrote. "Really at the heart of my concern is that we shouldn't wait for a definitive study to come out, but err on the side of being safe rather than sorry later."

Senator Tom Harkin (D-IA), took over as chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee after Senator Ted Kennedy (D-MA), an avid cell phone user, died of a glioma brain tumor in August 2009. In a hearing before the subcommittee in September 2009, Senators Harkin and Arlen Specter (D- PA), questioned John Bucher, the Associate Director of the National Toxicology Program (administered by the National Institute of Environmental Health Sciences) who is performing cell phone radiation carcinogenicity studies. Butcher told the subcommittee, “There’s been some hints, recently, that there is an increase in brain cancers in people who’ve used these cellular communication devices for a number of years.”

“I’m reminded of this Nation’s experience with cigarettes. Decades passed between the first warnings about smoking tobacco and the final, definitive conclusion that cigarettes cause lung cancer,” said a statement of Senator Tom Harkin regarding the Senate Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing on the Health Effects of Cell Phones.

The Environmental Working Group (EWG), a non-profit consumer protection organization, warns cell phone users to limit their phone usage and wants the U.S. government to require cell phone companies to label their products’ radiation output so that consumers can see it at the point of sale. Until then, the EWG has created a list of all cell phones available by the major carriers ranked by radiation emissions.

When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. If you are injured as the result of a product, then you need the services of an experienced attorney who has successfully handled product liability cases. Call Napoli Bern Ripka, LLP at 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

FDA logging into social media sites

Marc Jay Bern — Mon, 05 Oct 2009 10:58:30 GMT

Officially, the Food and Drug Administration has set a date in the fall of 2009 for a public hearing on how to deal with social sites like Facebook, Twitter, etc., but one has to ask, why? There is no doubt that many areas of selling drugs over the internet is a safety issue for the general public but many people are wondering what took the FDA so long to try and regulate something other than food and drugs in the regular marketplace.

In a stunning reversal of roles as with any government agency, the FDA would like public assistance to figure out how to handle the advertising and promotion of regulated products and or services on the internet. The meeting is scheduled for Nov. 12 and 13, and you can get information on how to submit your comments or details if you would like to actually attend the meeting at the Federal Register.

The invitation includes helpful information on social media terminology such as podcast, Web 2.0 and blogs as well as details about the most popular social networking sites where people create profiles and then invite people to join as friends.

With the advent and unexpected popularity of social media sites there are many concerns that should be addressed. Social media has become the marketing medium of choice for many major companies as it reaches the most people and the cost is nothing as compared to magazine or newspaper advertising. Many online companies have dodged regulations of any kind and many industry insiders have complained that the internet is full of risks.

Janet Woodcock, the head of the FDA’s drug center, said there is a specific focus on policing advertisements. Drugs, medical devices etc, are more complex, and there have been continuous massive changes in the way internet users communicate, especially in the use of social media, such as Facebook and MySpace.

What kind of questions does FDA has in mind? Here are a few;

1) What type of online messaging are regulated companies being held responsible for? And what should they not be responsible for?

2) How do internet companies stay within current regulation, requirements like fair and balance in ads, within the restrictions of perhaps a 140-character tweet area?

3) When would a company have to retract and replace misleading information posted by third parties? Wikipedia allows all of its users to change content, and sometimes information is constantly challenged. With some companies, the FDA fears that they haven't taken responsibility for known issues, fearing responsibility for retracting everything online.

4) The FDA wants to know what kinds of linking are rightfully used and when consumers find it misleading.

5) There are few sites in the social media that actually protect the consumer for perhaps side effects and other problems with products or services. What reporting and when do companies have to report on the Web to FDA?

Originally posted at InjuryBoard by Marc Jay Bern

Are You at Risk for Sexually Transmitted Hepatitis C?

Alan Ripka — Fri, 31 Jul 2009 12:20:02 GMT

Those who contracted Hepatitis C at Northern Westchester Hospital between October 8, 2007 and February 28, 2008 may have sexually transmitted this virus through intimate relations to spouses, lovers, and acquaintances. Unbeknownst to the individuals who contracted Hepatitis C at Westchester Hospital, they were spreading the virus through sexual contact despite them believing they were healthy. Those who have contracted Hepatitis C in this manner will have a claim against Northern Westchester Hospital, according to Alan Ripka, Esquire. "The people who contracted Hepatitus C had no way of knowing they were at risk, and could not inform their sexual partners," states Alan Ripka. Those that know or believe that they have had physical contact with someone exposed to Hepatitis C should be tested immediately.

If you, a friend or loved one was at or treated at Northern Westchester Hospital between October 8, 2007 and February 28, 2008, and believe you may have been exposed, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury. They are prepared to go to court and have a trial if necessary. Please contact the lawfirm and ask for Alan Ripka, one of our partners.

Originally posted at InjuryBoard by Alan Ripka

Reserve Yield Plus Fund: Investors Ready To Fight Back

NBR Law — Fri, 03 Oct 2008 12:48:06 GMT

If you have purchased the Reserve Yield Plus Fund or Reserve Primary Fund, please call or e-mail Vincent Imbesi.

Originally posted at InjuryBoard by NBR Law

Governor Pushes for More Benefits to World Trade Center Responders

Shannon Weidemann — Thu, 19 Jun 2008 12:59:42 GMT

The Governor of New York is introducing legislation to include more workers into the diability class surrounding those with World Trade Center illness. Thousands of people that worked at Ground Zero believe that breathing in the toxic fumes and debris is now responsible for their health problems.

More than 1,000 were denied the benefits because they hadn't had physical exams before they were hired, which had been a requirement to obtain the benefit under legislation adopted during the administration of former Gov. George Pataki. Paterson's proposal would allow the workers to offer medical records documenting their health before Sept. 11 instead.

The bill would also cover anyone that worked at Ground Zero in the first 48 hours after the attack. It would also cover state and county correction officers, 911 dispatchers, and deputy sheriffs. 1,800 may be eligible for the benefits if the bill passes the state legislature.

Originally posted at InjuryBoard by Shannon Weidemann

Blacks Not Allowed in Greenhouse?

Paul Napoli — Thu, 22 Oct 2009 13:07:33 GMT

The trendy Greenhouse club, which opened last year, has been smacked with a $1 billion lawsuit after turning away around 100 guests, supposedly because they were black. The incident occurred on Aug 8^th, at a bash being held by urban fiction writer Teri Woods to celebrate the release of her new book ‘Alibi’.

The Greenhouse club is known to have a tough door policy. Any club can deny entry on the grounds of clothing, but not on race. Club owner Barry Mullineaux has dismissed the charges of racism as “pretty much bogus” and has declined to say much more.

The plaintiffs obviously feel differently. Although Teri Woods herself is not one of the plaintiffs she has shown strong support for them, and is said to be considering laying charges her self. The incident she says has made her feel “violated”. Over 100 of her friends and family were turned away from the event she had organized and advertised (even putting up flyers).

Woods has records of text messages sent by Barry Mullineaux saying how he was keeping people out. The messages indicate that people were being barred from the club by appearance. One message reads “Everybody looking at me like this ur people Barry???” and another “I couldn't let in 300lb girls." When questioned about the text messages Mullineaux says he can’t recall sending them “not word for word”.

One of those involved in the lawsuit, Kashan Robinson, is the sister of popular rapper Queen Pen. She says that the doormen just “looked past [them] like [they] didn’t exist”. Terri Woods was highly embarrassed, and says, “I was just walking around in circles and in tears. They took my moment."

Included in perhaps more than 100 people who were turned away were lawyers, doctors and people rated highly in the entertainment industry. Several lawyers and doctors were allowed into the Greenhouse club, but they were white.

While Mullineaux is stating the whole affair to be bogus, it does have to be noted that according to the plaintiffs, those who were not allowed inside this trendy club, were all colored, or may have been discriminated against on the grounds that they were ‘fat’. Terri Woods claims none of her invited guests were fat but “what if they were?”

The main basis for the suit being laid is believed to be centred around the racial discrimination issue though.

The bottles of French Ciroc vodka seem to have soured for Woods. The gift bags and copies of her new book lay unopened. She had also hired popular DJ Suss One for the occasion. What had promised to be a great Thursday night at the Varick St club had turned to one of embarrassment and confusion.

John L Sampson, an attorney for the clubs owner says the club has provided top level service and a quality experience and “ cater to an inclusive array of patrons of all races, religions, creeds, and sexual orientations”.

Originally posted at InjuryBoard by Paul Napoli