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Wednesday, August 18, 2010

Did You Know California Law Forbade Suing Adults who Supplied Booze to a Drunk-driving Minor who Killed your Kid?



...That's About to End



Gov. Arnold Schwarzenegger today signed a measure that will end that prohibition.

The governor signed AB 2486, written by Assemblyman Mike Feuer (D-Los Angeles) after the measure – jointly sponsored by the Consumer Attorneys of California and Mothers Against Drunk Driving – sailed through both houses of the Legislature with virtually no opposition.

Although it is illegal to supply alcohol to a minor under state law, California is one of just three states that prohibit a civil recourse even in cases that end with teen deaths. By ending that restriction, AB 2486 seeks to boost responsible behavior and deter adults from providing alcohol to minors. Entitled the Teen Alcohol Safety Act of 2010, the measure will allow a civil action to be brought against an adult “social host” who spawns tragedy by providing alcohol to underage teens.

A lawyers' group co-sponsored the measure along with Mothers Against Drunk Driving.

“We’re very grateful for the governor’s signature and support,” said Christopher B. Dolan, Consumer Attorneys of California president. “As we’ve said all along, this effort is about saving young lives. We hope that by strengthening the legal consequences, adults will think twice before providing alcohol to teens.”

Not that it negates Mr. Dolan's or any of his organization's 3,000 attorney members, of course, AB2486 will provide much new work for members of CAOC and many other attorneys.

California has seen a surge in recent years of teens hospitalized or even killed after engaging in binge drinking. Some cases involved parents or other adults knowingly providing alcohol to teens.

The bill was inspired by the tragic death of Shelby Allen, a 17-year-old from Redding, Calif., who died of alcohol poisoning in December 2008 at a friend’s home with the parents present.

When efforts to seek criminal prosecution failed, Shelby’s parents attempted to pursue answers through the civil courts only to be rebuffed by California’s barrier against such lawsuits. An attorney for her parents brought that restriction to the attention of CAOC, which enlisted MADD California in supporting the bill.

Under AB 2486, the families of a minor injured or killed by alcohol would still need to prove in court the elements of negligence – that an adult breached their responsibility to uphold the law and knowingly provided alcohol. Because of the measure’s limited scope, its greatest impact would be to act as further deterrence to help keep parents from promoting behavior that runs counter to common sense and criminal law.


Sunday, August 15, 2010

Prang Warns West Hollywood Residents, Beware: 'Scam' Petition would Put Billboards Everywhere




This from Councilman Jeffrey Prang:

VOTER ALERT - you may be asked by paid petition signature gathers, either at you home, or at grocery stores and other businesses, to sign a petiton alleging to lower your taxes and to impose a new tax on billboards in West Hollywood. THIS IS A SCAM. It is an initiative paid for by an aggressive billboard company in an effort to open all of West Hollywood to billboards and tall walls. Currently, West Hollywood only allows outdoor advertising on Sunset. Other advertising in the city is "grandfathered," as it was there before the laws were imposed - but new advertising is not allowed off Sunset Bl.

The proposed tax on billboards is legally questionable, moreover, the city recently adopted a new law to generate fees from billboards and tall walls. This initiative is not about taxing billboards; its about allowing even more to proliferate in our neighborhoods. I urge you, please DO NOT SIGN the petition.

Friday, August 6, 2010

Scanty List of Auditors Disciplined in the Years Since Enron Inspired New Rules for Accounting (LINK)


Cloaked Disciplinary Hearings for Accounting Auditors

May Break Open to Media, Public

Once hailed as the legislation that was supposed to expose creative-accounting misdoings to the disinfectant powers of daylight, Sarbanes-Oxley (sometimes shortened to "SOX" or "SarbOx"), has had some pretty outstanding holes in it, which have gone relatively unnoticed for almost a decade.

One of the most negligent of those "oversights" is the SarbOx language that--pun intended,--keeps oversight proceedings--proceedings meant to ensure honesty and accuracy in the accounting offices of America's publicly traded corporations--cloaked in secrecy.

However, changes may soon come that would put a public eye on auditors whose conduct is under examination by the congressionally appointed board whose job it is to ferret out wrongdoing on behalf of shareholders and anyone who has an interest in honest accounting.

This from a press release sent to journalists today by the Public Company Accounting Oversight Board:

Under current law, firms and auditors litigating with the PCAOB have little incentive to consent to public proceedings and can prevent proceedings from becoming public for long after the information would be most relevant to investors, other auditors, and interested parties.

“No other auditor, investor, audit committee, or member of the media is entitled to know what the PCAOB considers to merit discipline, whom it has charged, what issues are being litigated, or whether the PCAOB staff has prevailed or not,” said Acting Chairman [Daniel L.] Goelzer. “The public is in the dark about how the Board uses its enforcement authority until there is a settlement or an SEC decision on the Board’s sanctions.”
PCAOB's Daniel Goelzer has assigned to his staff the task of writing new language to present to congress, which would allow disciplinary hearings to be open to the press and the public without consent of all parties, and without needing extraordinary merit for public scrutiny to be allowed, as is now the case.