Motley Rice LLC, one of the nation's largest plaintiffs' litigation firms, today announces that trial lawyer Nathan D. Finch has joined the firm as a member in its Washington, D.C. office. A significant addition to the Motley Rice leadership team, Finch brings a comprehensive and diverse background in complex litigation and trial work to the firm's efforts on behalf of asbestos victims, investors, consumers and others harmed by corporate negligence and malfeasance.

Having nearly two decades of experience in plaintiffs' law as a partner with Washington, D.C.-based firm Caplin & Drysdale, Finch joins Motley Rice after having worked closely with the firm for years as both a consultant and co-counsel to the firm's clients on complex asbestos and securities cases. He has been integrally involved alongside Motley Rice attorneys in asbestos bankruptcy trials and negotiations involving the structured settlements of asbestos manufacturing companies emerging from bankruptcy, specifically contributing his broad knowledge of the medical and scientific aspects related to asbestos-related diseases and asbestos products.  Finch has also collaborated with Motley Rice attorneys on numerous securities fraud and shareholder derivative cases, including representing investors in the In re MBNA and In re Vivendi Universal, S.A. Securities Litigation. In addition to his work representing those injured by asbestos and asbestos-related products or victimized by securities fraud, Finch has gained acknowledgement for his wide-ranging efforts on behalf of clients in both federal and state court in personal injury and mass torts products liability litigation and other complex litigation issues ranging from single plaintiffs' products liability cases to intricate commercial disputes.

"I have known and worked with Nate for years and am excited that he has chosen Motley Rice to further pursue his career in plaintiffs' work," said Motley Rice co-founder and asbestos lawyer Joe Rice. "His integrity, innovative legal skills and commitment to the values upon which our firm is based make him a great fit, and I look forward to his future contributions to our clients, our staff and the growth of the firm."

Joining Motley Rice as a new member, his versatile trial experience and ability to navigate through difficult legal issues on complex cases establish him as a multifaceted litigator who will contribute to many of Motley Rice's practice areas, enabling the firm to not only build upon its expanding trial work but also its ability to provide a well-positioned resource at the forefront of emerging cases.

"Nate and I have celebrated many achievements together over the years, and he will be dearly missed by all of us, both as a friend and colleague," said Caplin & Drysdale member Elihu Inselbuch, "but I am very happy for Nate and his family and will take great joy in following his future contributions at Motley Rice."

Finch's background in tort law and strong relationships in the legal field make him highly sought after as a consultant or co-counsel with other law firms, a compliment to Motley Rice's belief in the power of collaboration and history of building and strengthening co-counsel relationships. He is a frequent industry speaker, invited to educate on a number of legal matters at such events as Mealey's Asbestos Conferences and the Infovest Investors' Seminar in New York, and he is often a guest lecturer at Georgetown and George Washington University law schools.  Recognized for his accomplishments in complex civil litigation, Finch has been named a "Top Lawyer" in both the 2009 and 2010 editions of Chambers USA, and he serves as a member of numerous associations, including the American Bar Association, the American Association for Justice and the Barristers.  In addition to his professional activities, he has served his community for many years through volunteer activities coordinated by Greater DC Cares, an organization dedicated to connecting volunteers with community service groups.  

About Motley Rice LLC

Motley Rice LLC is one of the nation's largest plaintiffs' litigation firms. Motley Rice attorneys gained recognition for their work on behalf of asbestos victims, the State Attorneys General in their landmark litigation against the tobacco industry, and the 9/11 families in their groundbreaking lawsuit against terrorist financiers. With more than 60 attorneys and hundreds of staff, the firm continues to handle complex litigation, including cases in the areas of aviation disasters, securities and consumer fraud, shareholder rights, asbestos bankruptcy, occupational disease including mesothelioma, environmental contamination, human rights and defective drugs and medical devices. Motley Rice is headquartered in Mount Pleasant, South Carolina, and has additional offices in Connecticut; Washington, D.C.; New York; Rhode Island; and West Virginia. For more information about Motley Rice LLC contact Joseph F. Rice (SC) at +1 800.768.4026 or visit www.motleyrice.com.  Attorney Nate Finch can be reached directly at 202.232.5507.

SOURCE Motley Rice LLC

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State Labor Commissioner Angela Bradstreet won an historic settlement in Los Angeles County Superior Court on Monday with a janitorial service company that mandates the company follow new rules when it comes to its employees and subcontractors.

Complaints from employees led to an investigation by the Department of Industrial Relations' (DIR) Division of Labor Standards Enforcement which found that Corporate Building Services violated Labor Code Section 2810 by not paying numerous subcontractors enough to comply with all applicable laws and regulations.  As a result, the subcontractors failed to pay overtime wages and misclassified over 100 janitors as independent contractors which deprived them of contributions for social security, disability, Medicare and unemployment.

"This law enables us to ensure workers' rights and help create a level playing field for contractors who follow the law," said DIR Director John C. Duncan. "The bottom line is that we will not allow dishonest contractors to gain an unfair advantage in competitive bidding by exploiting cheap labor and violating state labor laws."  

As part of the settlement, the owners of Corporate Building Services Inc., Bruce Kim and Joong Kim, are deemed joint employers of all employees who perform work on the company's contracts, and are individually liable for all wages, damages and penalties for any violations of the state's Labor Code.  Corporate must also classify all of its workers as employees and not independent contractors.  This classification guarantees the employees are covered by California's labor law.  The Los Angeles-based company will also pay $122,000 to compensate approximately 100 workers.  

"This case is another example that my office vigorously pursues employers who attempt to cruise under the radar and violate California labor laws," said Labor Commissioner Angela Bradstreet.  "The failure of Corporate Building Services to provide adequate funds to its janitorial subcontractors resulted in the flagrant disregard of tax laws, and shortchanged hard-working employees of the benefits they deserve."

The Labor Commissioner's Office, in 2008, filed the first lawsuit under Labor Code Section 2810 against Tidy Building Services, based in New Orleans.  Tidy agreed to pay $100,000 on behalf of 200 workers for being deprived of social security, disability payments and unemployment insurance.

The California Department of Industrial Relations' Division of Labor Standards Enforcement adjudicates wage claims, investigates discrimination and public works complaints and enforces state labor law.  To learn more about the functions of the Division of Labor Standards Enforcement, visit our Web site at www.dir.ca.gov/dlse.  Employees with work-related questions or complaints may call the California Workers' Information Hotline at (866) 924-9757.

SOURCE California Department of Industrial Relations

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A group of disabled employees of the Social Security Administration has secured another victory in a class action before the U.S. Equal Employment Opportunity Commission.  On August 25, 2010, the EEOC Office of Federal Operations affirmed the October 8, 2008 decision of the Administrative Judge to certify the case as a class action.  The action alleges that the Social Security Administration discriminates against employees with targeted disabilities by creating a glass ceiling and limiting promotions and other career advancement opportunities.  The certified class includes all current and former employees with targeted disabilities at the Social Security Administration who, on or after August 22, 2003, have applied for promotions, appeared on a best qualified list and been denied promotion opportunities.  The class is estimated to include approximately 2,000 members, and is represented by a consortium of law firms including Berger & Montague, P.C., Brown Goldstein & Levy LLP, Schneider Wallace Cottrell Brayton Konecky LLP, and Disability Rights Advocates.

"I am pleased with this ruling and hope it causes the Social Security Administration to confront this issue head-on," says Ronald Jantz, a deaf SSA employee and a plaintiff in the case.  "I brought this lawsuit to bring about change necessary to ensure that employees with targeted disabilities receive the same promotions and career advancement opportunities as non-disabled employees."

The EEOC defines "targeted disabilities" to include deafness, blindness, missing extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation, mental illness, and genetic and physical conditions affecting limbs and/or spine.  For years, the EEOC has reported an alarming decline in the number of people with targeted disabilities in the federal workforce, despite the government's statutory obligation to be a model employer.  The EEOC also reports that employees with targeted disabilities tend to receive fewer promotions than their peers, stagnate in grade longer than their peers, and are compensated at lower rates than their peers.

The Social Security Administration is a federal agency that provides financial benefits to more than 160 million workers and their families, and pays approximately $580 billion annually to more than 49 million Americans.  The Social Security Administration is headquartered in Baltimore, Maryland and employs approximately 62,000 employees.

Class members or others who would like more information about the case may contact one of the attorneys for the class:  Shanon Carson at (215) 875-4656 or scarson@bm.net, Dan Goldstein at (410) 962-1030 or dfg@browngold.com; Larry Paradis at (510) 665-8644 or lparadis@dralegal.org; or Todd Schneider at (415) 421-7105 or tschneider@schneiderwallace.com.  They may also refer to www.ssadisabilityclassaction.com.  Class members who are affiliated with the American Federation of Government Employees (AFGE) may also contact the union's attorney, Phillip R. Kete at (202) 587-5757 or phil@ketelaborlaw.com.

Case Name:  Jantz, et al. v Astrue

Agency No:  HQ062518

Hearing No:  531-2006-00276X

Appeal No:   0720090019

SOURCE Berger & Montague, P.C.

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New York Appellate Court Justice Samuel Green today issued a stay regarding the August 30 State Supreme Court ruling in the "Day Wholesale v. State of New York" tobacco tax case.  The Green ruling temporarily enjoins the State from collecting tobacco taxes from all Native American tobacco sellers within state boundaries.

The ruling by the Rochester-based Fourth Department Appellate judge reinstates the injunction State Supreme Court Justice Donna M. Siwek lifted on August 30, until an Appellate Court panel hears arguments next week.

"We are extremely relieved that now all Indian nations within New York are protected from the State's collection efforts, while efforts continue in both State and Federal Courts to continue our challenge of the State's misguided taxing scheme," said Seneca Nation of Indians President Barry E. Snyder Sr.

The Seneca Nation were granted intervener status in the 2006 "Day Wholesale" case late last month and had argued before Siwek August 30 that the court should consider procedural flaws in the State's implementation of the tax scheme that was scheduled to go into effort today.

On Tuesday, Federal Judge Richard J. Arcara issued a temporary restraining order in a lawsuit brought by the Seneca Nation, and joined by the Cayuga Nation.  The order, which is in effect though Sept. 13, protects only those plaintiffs.

Lawyers for the Senecas, Cayugas and State of New York are due back in federal court Thursday afternoon at 1 p.m. for pre-hearing motions ahead of full arguments on the Seneca case.

SOURCE Seneca Nation

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BNA today launches the first of a series of new practice area platforms, integrating the full breadth of its industry leading news, analysis and reference content in one place. The BNA Labor & Employment Law Resource Center, available today, serves as an easy-to-use, single point of access for BNA's exclusive content. Prominently known for its thought leadership and analysis, BNA offers a new platform with access to content by topic, with enhanced search tools providing instant access to relevant information. A full line of additional practice area Resource Centers are in development, with the Intellectual Property Law Resource Center next, launching early in the Fall.

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"BNA Resource Centers represent a significant development for BNA and a major commitment to help our customers access the critical information and expert analysis they need each day to work more productively," said Michael Eisenstein, Vice President and Group Publisher of BNA's Legal & Business Publishing Group. "We've seamlessly brought together BNA news, reference libraries, practice tools and forms, with a continuous flow of expert analysis from our experienced reporters, editorial staff and many of the nation's most influential and respected attorneys."

"BNA's essential role within legal and business communities is to go beyond content aggregation and provide true thought leadership," said Kent Frankstone, Director of Publishing. "A major feature of BNA's new Resource Centers is the BNA Insights series. This new series of articles and videos provides a continuous forum for leading practitioners to pinpoint crucial legal, regulatory and business trends and developments. With these Resource Centers, we have developed a platform from which BNA can continue to meet its customers changing needs for years to come."

For more information or a demonstration of BNA's new Labor & Employment Law Resource Center, please call Kent Frankstone at 800-372-1033 or visit www.bna.com/lerc.

BNA (www.bna.com) is the leading independent publisher of print and electronic news, analysis, and reference products for professionals. Delivering specialized information to business, legal, and government professionals at every level of expertise, BNA produces more than 300 news and information services, including the highly respected Daily Labor Report, U.S. Law Week, and Daily Report for Executives.

SOURCE BNA

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