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September 17, 2009: Androvett NewsWire: Resale Responsibility / Cheaper Chapter 11 / MLK Winner Wows
 
September 17, 2009 6:00 am

Feds Cracking Down on Resale of Recalled Goods
If you're planning to hold or shop at a garage sale, you should be aware that the federal government is watching, says Dallas attorney Angel Reyes. A new federal law makes it a crime to sell items that the Consumer Product Safety Commission has recalled. The Commission has sent staffers out to make sure the bigger thrift stores know about it, but the same law applies to individual sellers. "If you're selling a crib or a car seat, the responsibility is yours to make sure the CPSC has not recalled it and that it doesn't present a danger," Reyes says. "And remember, it's not just baby items. The government recalls products adults use too." For more information on product recalls or to interview Mr. Reyes, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Interest Grows in Faster, Cheaper Bankruptcies
As insolvent businesses struggle to restructure their finances, an alternative to traditional Chapter 11 reorganization plans is growing in popularity. Prepackaged bankruptcies, or "prepacks," offer companies a way to negotiate and gain approval of key constituencies before formally filing for reorganization. "It's likely there will be a significant increase in the number of prepacks in 2009 compared to last year," says Ira Herman of Thompson & Knight's New York office. "The financial crisis coupled with changes in the Bankruptcy Code make prepacks a cost-effective way to resolve balance sheet issues. However, if there is an unwillingness among a secured class of bondholders to negotiate a resolution, or if a large class of unsecured creditors cannot be dealt with consensually, then a prepack is unlikely to work." To interview Mr. Herman, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Predispute Arbitration Clauses Put Consumers at Disadvantage
From routine credit card contracts to multi-million-dollar home purchases, the increasingly popular and controversial use of mandatory predispute arbitration clauses puts consumers at a distinct legal disadvantage when problems arise, says Dallas attorney Mark McQuality of Shackelford Melton & McKinley. U.S. lawmakers are now debating the Arbitration Fairness Act, which would ban such predispute arbitration clauses in consumer, franchise and employment matters. McQuality, who represents homeowners in construction-related complaints and other business torts, says it's about time. "These hidden clauses cause consumers to sign away their constitutional right to a jury trial," he says. "There's a place for arbitration, but it should be a voluntary option once a dispute has surfaced, as opposed to something that's buried in paperwork." To interview Mr. McQuality, contact Robert Tharp at 800-559-4534 or robert@androvett.com

Defendants Prevail in Mississippi Asbestos Exposure Trial
Houston-based Union Carbide Corporation and a number of other defendants recently won a favorable defense verdict in a Mississippi state court in an asbestos lawsuit filed by a former oilfield worker. "We are very pleased about the jury's careful consideration of the facts in this case," says Marcy B. Croft, lead counsel from the Forman Perry defense team representing Union Carbide, ConocoPhillips Company and Montello, Inc. The plaintiff filed suit against the companies in 2006 based on claims that his health problems were the result of his alleged exposure to asbestos between 1965 and 1986. "We maintained from day one that our client acted responsibly, and this verdict is proof." For more information on this case or other toxic tort cases, contact Barry Pound at 800-559-4534 or barry@androvett.com

Gardere MLK Jr. Oratory Competition Winners Continue To Impress
Former "First Daughter" Jenna Bush-Hager is coming to Dallas for her first story as a correspondent for The Today Show. On Friday, she will be interviewing Dalton Sherman, the charismatic grade school orator and winner of the 2008 Gardere MLK Jr. Oratory Competition sponsored by Gardere Wynne Sewell LLP. "This contest was designed not only to promote the teachings of Dr. King, but also to support Dallas' very talented youths," says firm managing partner Stephen D. Good. "Participation helps students develop greater confidence and poise, as evidenced by Dalton and our many other contest alumni." The 2010 Gardere MLK Jr. Oratory Competition will be held Jan. 15 at the Majestic Theatre. For more information about the Annual Gardere MLK Jr. Oratory Competition, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com

McKool Smith Adds Experienced Litigator in New York
The rapid expansion of McKool Smith's New York office is continuing with the addition of trial-tested litigator Kyle Lonergan. Lonergan's practice is focused on complex commercial litigation and white-collar matters. His courtroom track record includes cases involving securities, antitrust, insurance coverage and contract disputes. He also provides experience representing clients in investigations by the U.S. Securities and Exchange Commission, U.S. Department of Justice and Federal Bureau of Investigation. "Business lawsuits and regulatory investigations have been on the rise for some time, and we are very glad to have Kyle aboard to help address these matters for our clients," says Mike McKool, co-founder of McKool Smith. For more information on Mr. Lonergan or McKool Smith's New York office, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.


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