http://www.wikio.com/search=New England Inc. Wikio - New England Inc. http://www.wikio.com/search/New+England+Inc.?rinfoid=63091194 Sat, 05 Jul 2008 07:00:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=63091194 2008-07-05T07:00:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62977274 Martin Truex Jr., vying to get into NASCAR's Chase for the championship, started the weekend with a significant setback. Fri, 04 Jul 2008 05:23:01 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62977274 editor@denverpost.com (The Denver Post) 2008-07-04T05:23:01Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62799098 S. New England Tel. Co. v. Global NAPs, Inc., 2008 WL 2568567 (D. Conn. June 23, 2008) In this case, plaintiff (“SNET”) alleged that Global NAPS, Inc. had misrouted long-distance traffic of certain circuits not designated for such traffic, thereby depriving SNET of applicable access charges, and that Global failed to pay SNET access charges specified in SNET's federal tariff for special access circuits Global ordered from SNET's tariff. In May 2006, the court granted SNET's Motion for a Prejudgment Remedy in the amount of $5.25 million. At the same time, the court ordered Global to disclose assets sufficient to secure the prejudgment remedy within two weeks. Global’s failure to comply with the court’s order evolved into a two-year discovery battle over Global’s financial records. In December 2006, SNET filed an Amended Complaint, which added additional defendants affiliated with Global. SNET's Amended Complaint alleged that the defendants' corporate structure was a "sham,” and sought to hold the defendants collectively liable for the underlying allegations set forth in SNET's original Complaint against Global. In this opinion, the court found that the defendants willfully violated the court's discovery orders by failing to turn over their general ledgers and other business records, lied to the court about the inability to obtain documents from third parties, and destroyed and withheld documents that were within the scope of the discovery requests and the court’s discovery orders. Among other things, defendants: • Misrepresented that they did not have custody or control of their financial records, and falsely claimed that a third party accountant was withholding the financial records in an attempt to delay the discovery. • Falsely argued to the court that certain documents did not exist because a particular witness’s computer had “crashed” and all of her data was lost. The court noted that the "crash" of this computer should have had "absolutely no impact" on the production of discovery because the witness testified that she "dropped” the computer after the court-ordered deadline for production had come and gone. Further, the court found no reason to believe that the data on the computer was irretrievably lost, and noted that the hard drive of this "dropped" computer was not produced and defendants never explained why documents were unretrievable from the hard drive, why the computer was not been produced, or where it was. • Erased computer documents in bad faith. A forensic examination of the replacement computer used by the witness after her computer “crashed” revealed that the witness had used an application called "Window Washer," a software program with the capability to overwrite data and disk space that had existed on the computer’s hard drive. Parts of this program were initially created on the morning of June 12, 2007, the same morning a corporate officer of defendant arrived to "search" for responsive documents on the computer. In her deposition, the witness testified that she ran the program because she was concerned that her personal information was on the computer, and she did not want anyone involved in this litigation to have access to it. She further testified that she never ran Window Washer again. However, the forensic examination revealed that she did not merely use the program in its default mode, but chose the "wash with bleach" option, which overwrites deleted files. In addition, she used Window Washer’s "data wiping utility" several times, which allowed a user to manually erase specific files. The forensic expert explained that, for every file erased using this utility, the user must chose to "Shred (wash with bleach)" each individual file or directory, and then click again to confirm that they want to erase that file or directory. Further, Window Washer was uninstalled from the computer the night of June 20, 2007, and a "Disk Defragmenter" utility was used on the computer on June 25, 2007. The expert explained that, while the Disk Defragmenter can be used to improve the computer's performance, it also makes forensic analysis of a computer more difficult when files have been deleted. Further, this was the first and only time the Disk Defragmenter was used on the witness's computer. Based on these and other findings, the court concluded that defendants committed a fraud upon the court, and that their willful discovery violations prejudiced, indeed likely destroyed, plaintiff’s ability to prove its case. Further, the court found that defendants had squandered judicial resources by dragging the court into frequent policing of discovery disputes over an inordinate period of time. In light of the defendants' history of violations, and the court’s prior explicit warning that failure to comply would result in a default judgment entering, the court found that lesser sanctions would not deter defendants from further delaying discovery in the case. “Indeed, the court has little confidence that the discovery sought continues to exist.” The court concluded that “defendants' behavior exemplifies the type of willful disregard for the process of discovery created by the Federal Rules of Civil Procedure that warrants the ultimate sanction of dismissal.” Accordingly, the court granted plaintiff’s motion for default judgment, and ordered the clerk to enter judgment in favor of the plaintiff on certain claims and against the defendants, jointly and severely, in the amount of $5,247,781.45. Further, the court directed that the judgment should also include the award of fees and costs of $645,760. A copy of the decision is available here . Wed, 02 Jul 2008 21:18:54 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62799098 david.bowerman@klgates.com (K&L Gates) 2008-07-02T21:18:54Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62605499 SALEM, Mass.--(BUSINESS WIRE)--Atlantic Tele-Network, Inc. (NASDAQ: ATNI) is pleased to announce that Michael T. Prior, President and Chief Executive Officer, received the Ernst & Young Tue, 01 Jul 2008 14:15:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62605499 2008-07-01T14:15:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62601570 Tue, 01 Jul 2008 13:14:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62601570 2008-07-01T13:14:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62594831 BOSTON--(BUSINESS WIRE)--EnerNOC, Inc. (NASDAQ: ENOC), a leading developer and provider of clean and intelligent energy solutions, today announced that it has signed a contract with Tue, 01 Jul 2008 12:30:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62594831 2008-07-01T12:30:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62589529 LEXINGTON, Mass.--(BUSINESS WIRE)--aloha! Starwood Hotels & Resorts Worldwide, Inc. (NYSE:HOT) and its much-anticipated new lifestyle brand, aloftsm Tue, 01 Jul 2008 11:30:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62589529 2008-07-01T11:30:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62577758 HOUSTON--(BUSINESS WIRE)--Stage Stores, Inc. (NYSE:SSI) announced today that it will make a presentation at the Oppenheimer 8th Annual Consumer Growth Conference on Tue, 01 Jul 2008 10:00:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62577758 2008-07-01T10:00:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62529667 BLUE BELL, Pa.--(BUSINESS WIRE)--PMA Capital Corporation (NASDAQ:PMACA) announced today the completion of its acquisition of Webster Risk Services, a Connecticut-based provider of Third Mon, 30 Jun 2008 21:40:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62529667 2008-06-30T21:40:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62244007 WORCESTER, MA, June 27 /PRNewswire/ - Repechage Investments Limited, owner of the Elephant & Castle family of pubs, today announced that its subsidiaries comprising the Massachusetts Pub Group had completed their acquisition of Piccadilly Pubs. Piccadilly... Fri, 27 Jun 2008 22:09:59 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62244007 2008-06-27T22:09:59Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62243966 Fri, 27 Jun 2008 22:09:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62243966 2008-06-27T22:09:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62234026 TAMPA, Fla.--(BUSINESS WIRE)--PanGenex Corporation (Pink Sheets:PGXC) announces that it has signed an agreement to partner with Incredible Discoveries® in the Fri, 27 Jun 2008 20:10:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62234026 2008-06-27T20:10:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62186639 Fri, 27 Jun 2008 13:17:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62186639 2008-06-27T13:17:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62080752 PORT WASHINGTON, N.Y.--(BUSINESS WIRE)--Cedar Shopping Centers, Inc. (NYSE:CDR) today announced that it will release financial results for the three months ended June 30, 2008, after the Thu, 26 Jun 2008 18:30:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62080752 2008-06-26T18:30:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62037964 Thu, 26 Jun 2008 12:30:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62037964 2008-06-26T12:30:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=62252661 DETROIT, June 24 /PRNewswire/ -- Little Caesar Enterprises, Inc. is growing in prime markets across the country, attracting the attention of multi-brand franchisees with an appetite for business growth and opportunity.... Wed, 25 Jun 2008 16:26:08 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=62252661 2008-06-25T16:26:08Z http://www.wikio.com/search/New+England+Inc.?rinfoid=61953243 CHARLOTTE, N.C., March 6 /PRNewswire-FirstCall/ -- FairPoint Communications, Inc., or FairPoint announced today the commencement of an offering of 40 million in aggregate principal amount of Senior Notes due 2018 of Northern New England Spinco Inc. ("Spinco"), a subsidiary of Verizon Communications Inc. ("Verizon") that will be merged with and into FairPoint immediately prior to the completion of the offering of the notes. The notes are being offered for sale by certain selling securityholders to qualified institutional buyers in an offering exempt from registration pursuant to Rule 144A under the Securities Act of 1933, as amended (the "Securities Act"), and to persons outside the United States in compliance with Regulation S under the Securities Act. The notes will be initially issued to a subsidiary of Verizon and subsequently exchanged by Verizon for outstanding indebtedness of Verizon held by the selling securityholders. Neither FairPoint nor Spinco will receive any proceeds from the sale of the notes by the selling securityholders. The Notes have not been registered under the Securities Act, or any state securities laws, and unless so registered, may not be offered or sold in the United States except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and applicable state securities laws. This press release does not constitute an offer to sell or the solicitation of an offer to buy any security and shall not constitute an offer, solicitation or sale in any jurisdiction in which such offering, solicitation or sale would be unlawful. About FairPoint FairPoint Communications, Inc. is an industry leading provider of communications services to rural and small urban communities across the country. Today, FairPoint owns and operates 30 local exchange companies in 18 states offering advanced communications with a personal touch including local and long distance voice, data, Internet, video and broadband services. FairPoint is traded on the New York Stock Exchange under the symbol FRP. Learn more at http://www.fairpoint.com/ . This press release may contain forward-looking statements by FairPoint that are not based on historical fact, including, without limitation, statements containing the words "expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates" and similar expressions and statements. Because these forward-looking statements involve known and unknown risks and uncertainties, there are important factors that could cause actual results, events or developments to differ materially from those expressed or implied by these forward-looking statements. Such factors include those risks described from time to time in FairPoint's filings with the Securities and Exchange Commission ("SEC"), including, without limitation, the risks described in FairPoint's most recent Annual Report on Form 10-K on file with the SEC. These factors should be considered carefully and readers are cautioned not to place undue reliance on such forward-looking statements. All information is current as of the date this press release is issued, and FairPoint undertakes no duty to update this information. Investor Contact: Brett Ellis (866) 377-3747 bellis@fairpoint.com Media Contact: Rose Cummings (704) 602-7304 rcummings@fairpoint.com FairPoint Communications, Inc. CONTACT: Investor: Brett Ellis, 1-866-377-3747, bellis@fairpoint.com , or Media: Rose Cummings, 1-704-602-7304, rcummings@fairpoint.com , both of FairPoint Communications, Inc. Web site: http://www.fairpoint.com/ Wed, 25 Jun 2008 14:28:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=61953243 2008-06-25T14:28:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=61893696 MINNEAPOLIS--(BUSINESS WIRE)--Dolan Media Company (NYSE: DM), a leading provider of business information and professional services to the legal, financial and real estate sectors in the Wed, 25 Jun 2008 12:00:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=61893696 2008-06-25T12:00:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=61945857 --(BUSINESS WIRE)--Citrix Systems, Inc. (NASDAQ:CTXS): Wed, 25 Jun 2008 12:00:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=61945857 2008-06-25T12:00:00Z http://www.wikio.com/search/New+England+Inc.?rinfoid=61879403 New England Research Institutes, Inc. (NERI), a global, privately held specialty Contract Research Organization (CRO), announced that their statistical analysis of data in The Lifeline Registry of Endovascular Aneurysm Repair (EVAR) contributed to the recent FDA approval of Medtronic, Inc.'s TalentTM Abdominal Stent Graft. Wed, 25 Jun 2008 09:00:00 GMT http://www.wikio.com/search/New+England+Inc.?rinfoid=61879403 2008-06-25T09:00:00Z