Class Action: Power Balance Bracelets Don’t Work

January 7th, 2011. By AbiK

There’s Even One to Match our Site!

So wait—I really can’t be like Kobe? or Shaq? Seems not if I was banking on wearing a Power Balance Bracelet to take me to super-athlete heights. (And I was just getting over not being like Lance…) That’s because a new Power Balance Bracelet class action lawsuit has been filed stateside in LA this week—seeking $5 million from the California company.

I’m thinking it must’ve been California dreamin’ that the makers of these fine hologram bracelets—retailing at $30 a pop—thought they’d ride the wave of pop culture fanaticism into history as the performance booster of all time. After all, that future royal bride, Kate Middleton, has sported one! Even Robert DeNiro! (according to a report over at startribune.com)

So, holograms, huh? Here’s what Power Balance says its bracelets do:

“The Power Balance bracelet contains a Mylar hologram designed to react with the body’s natural energy flow.”

Uh, ok. I can remember going to the opening of the Andy Warhol Museum in Pittsburgh a number of years ago. My friend, Sue, and I were having a blast sipping champagne and hob-nobbing with whomever when we happened upon the Silver Clouds exhibit—a large room filled with nothing by silver mylar balloons—the vid above doesn’t do it quite justice; it was impressive. And, admittedly, we spun and hopped around like idiots in cocktail dresses and heels. It was, a heck of a lot of mylar. And one could argue it reacted with our bodies’ natural energy flow. Either that, or the champagne had kicked in.

What’s interesting with the Power Balance Bracelet is that the Australian Competition and Consumer Commission raised an eyebrow not long ago about the claims Power Balance was making. This in turn drove a response, in now widely distributed letter form down under, from Power Balance that apparently said, “We admit that there is no credible scientific evidence that supports our claims… Therefore we engaged in misleading conduct.”

Did they really want that in print?

Since that time, the company has seemingly tried to save some face by posting on Facebook that the bracelets will continue to be sold and that the claims merely fell short of Australia’s regulatory standards.

Yeah, and those of any rational human being.

Here’s another one from Power Balance regarding the question, “Will wearing Power Balance make me stronger, more balanced and gain greater flexibility?”:

“Power Balance will not make you stronger than you are, but is designed to help make you as strong as you should be by interacting with your body’s natural energy flow.”

This, from the company that says its bracelets are “based on the idea of optimizing the body’s natural energy flow, similar to concepts behind many Eastern philosophies.”

Eastern philosophies? Not to go all Zen on everyone, but I’m thinking about tenets such as “Everything exists according to its own nature”—well then, why would I need to be as strong as I should be? Isn’t what I am what I am supposed to be? And aren’t I supposed to already be collaborating with the nature I arose from rather than trying to master it?

Oh, I’m getting too deep here for a silly neoprene or silicone bracelet with a little mylar hologram…just wish so many folks hadn’t drank the kool-aid and gone so deep into their pockets to don one…

Carr Miller: 7 Should’ve Seen it Coming Signs (Brian Austin Green included)

January 5th, 2011. By AbiK

Carr Miller lives here

Hindsight is 20-20, that’s for sure. And while the Carr Miller Ponzi scheme charges are currently in “alleged” mode, I couldn’t help but do some surfing around—just who the hell is Carr Miller Capital? After all, I grew up in NJ (“Joisey”—ok, I said it) so shouldn’t I know something about them—like, did I go to school with anyone there? Things of this sort get me reaching for my mouse—so I did, and a few clicks later I had some interesting Carr Miller dish…dish that perhaps turns up some should’ve-seen-it-coming signs about falling in love with Carr Miller…

Should’ve Seen it Coming Sign #1: Arrogance.

Did I say Carr Miller was based in NJ? Why yes, I did. Funny though, all the “official” info about Carr Miller Capital refers to them as being “headquartered in the Philadelphia metropolitan area”. What? Joisey not good enough for you? You’re in Marlton, NJ folks. And last time I was in the area—ok, I was in Cherry Hill—Marlton was east of both I-95 and 295 and no, I couldn’t even see the Philly skyline if I tried (Marlton’s about a half hour out of Philly). Regardless, I guess Marlton or NJ didn’t have enough cache for CMC…just like those NY Giants…

Should’ve Seen it Coming Sign #2: Investment company doubles as film production company.

Carr Miller’s in multiple verticals. And how! Their website homepage mentions “…CarrMiller is providing innovative solutions from financial expertise to multimedia entertainment”. Who knew? And they don’t just mean that they invest in such—they OPERATE such businesses. Case in point: Carr Miller Entertainment. Haven’t heard of ’em? You’ve heard of Brian Austin Green, right? Oh—maybe you haven’t since his Beverly Hills 90210 days. His latest—aside from being Mr. Megan Fox—is a movie, “Cross”—and it’s one of Carr Miller Entertainment’s projects. Last I checked, my financial investment team was only in one major vertical: wealth management—mine. Pixar, Carr Miller is not.

Should’ve Seen it Coming Sign #3: Investment company takes keen interest in nightclub.

Carr Miller loves the nightlife. Yep, they apparently like to boogie—or so it would seem. As if film production with “emerging talent” weren’t enough of a sideline, Octo Waterfront Grille in Philadelphia is “A Holding of Carr Miller”. With 13,000 square feet of fun alongside the majestic Delaware River, it may well be a watering hole of choice for those who’ve just found out they’ve been charged with orchestrating a Ponzi scheme.

Should’ve Seen it Coming Sign #4: Head of Investment company has day job as Big Oil exec.

Movies? Nightclub? How ’bout Oil? Not of the olive or suntan type—no, we’re talking big oil here. Yes, Carr Miller had pumped a fair amount of funding into Indigo-Energy. In fact, back in 2008, Indigo’s CEO, Steve Durdin was quoted as saying, “This package with CMC represents a realistic approach with real funding to be strategically implemented for maximum productivity. Indigo can now really begin to move forward.” Of course, here we are about two years later to the day and Indigo’s SEC Form 8-K reveals a complete 180 of things:

In addition, on December 18, 2010, Everett Miller resigned from the Company. The voluntary resignations came in the wake of a civil complaint filed by the State of New Jersey against Everett Miller and his company Carr Miller Capital Corporation and others alleging violation of the securities laws and other violations. See Item 8.01 of this 8-K. Item 8.01 Other Events On December 17, 2010, the Company was named as a nominal defendant in a civil complaint filed by the New Jersey Attorney General against Everett Miller, Carr Miller Capital and certain other individuals and companies. The Company is named because of Carr Miller Capital’s investment in the Company. There has been no allegation of wrongdoing on the Company’s part but the complaint does state that the Company was unjustly enriched by the actions of Carr Miller Capital. The Company had no knowledge of any wrongdoing alleged to have been committed by Carr Miller Capital and the company is cooperating fully to assist the Attorney General’s office in its court action.

Now, lest you think that this was merely an investment opportunity for Carr Miller, Everett Miller was also Chief Operating Officer over at Indigo. Sounds a bit more “hands on” than just signing a few checks. I might also add, as it’s a favorite topic of mine, Indigo’s one of those companies engaged in hydraulic fracturing—but that’s another story.

Should’ve Seen it Coming Sign #5: Investment company achieves high “D” marks (high five’s all around!)

The BBB weighs in on Carr Miller… A little checkeroo over at the BBB shows Carr Miller Capital achieving a D+ rating. Hey—it is at the high end of the D scale. To be fair, the score could’ve come in post-Ponzi allegations. But still, Carr Miller is not a BBB Accredited Business. (Btw, in case you’re wondering, LawyersAndSettlements.com is, with an A+ rating.) Also, to be fair, there were only two complaints noted against CMC at the BBB—both apparently contract issues; one was resolved, the other not.

Should’ve Seen it Coming Sign #6: Investment broker cum real estate brokerage has prayer in hell of earning real estate’s coveted “Circle of Excellence” award.

And there’s another vertical—real estate! Yes, but of course—Carr Miller, well, I’ll let them say it for themselves (from their website): “CarrMiller Real Estate incorporates proven, professional techniques specializing in the marketing, listing and selling of real estate.CarrMiller Real Estate maintains a staff of well-trained real estate professionals who continually strive to provide top quality service for their individual clients and customers.” Phew—that’s a mouthful! And surely you’d think of ringing up Carr Miller should you want to sell your home. So I did! But then I saw there’s only one listing on their real estate website—a rental in Myrtle Beach. They’re maintaining a staff for one listing?

Should’ve Seen it Coming Sign #7: Mention of company + “scam” in same sentence, or as popular google search term.

Carr Miller whispers…Want to check the pulse on something? Hit a message board. No, you can’t take it as fact, but you’ll definitely get some opinion. Like this one, from 2009 over at scam.com: “I am having second thoughts about investing with Carr Miller Investments. In my opinion, I think they are a SCAM company that will take your investment and then file bankruptcy in a couple of years after taking your money.” Uh, well, not exactly but not exactly far off either.

Ahh…should’ve, could’ve, would’ve. It’s all hindsight now, and Carr Miller investors will have to wait for things to play out in court. In the meantime, maybe I’ll go over and become a fan of Carr Miller Capital LLC on Facebook—they have no “likes” so I’d be their first! Or maybe I’ll follow them on LinkedIn where they only have 4 followers (not even Everett Miller, 1 connection, is following). Gee, maybe Facebook and LinkedIn are Should’ve-Seen-it-Coming Signs #8 & #9?

Help CAALA Help Others: Clean out your Closet with Clothes the Deal

January 4th, 2011. By BrendaC

LawyersandSettlements.com has a new column that looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking about the annual Business Clothes Drive by Clothes the Deal, which is supported by many Los Angeles area law firms…

Suit by Gieves and Hawkes

The Consumer Attorneys Association of Los Angeles (CAALA) is among the many volunteers behind an important organization that has helped thousands of Americans get back into the job market. Since 1995, Clothes the Deal (CTD) has gathered high-quality business clothing and accessories that are then given to job hunters who may not otherwise have the resources to afford a new “interview suit”. 

CAALA is the final homerun phase of its annual clothing drive for Clothes the Deal. Last year alone, CTD distributed 15,000 pieces of business clothing to over 6,000 job seekers in California alone. 

Clothes the Deal was the brainchild of Ann Gusiff who wrote the The Deal’s first business plan as part of an MBA Thesis in Chicago in 1995. Two years later in 1997, Clothes The Deal was recognized by the IRS as a 501(c)(3) organization. 

The organization, which also helps job seekers learn to dress for success, established an important partnership in 1998 with the Los Angeles County Office of Education (LACOE). Clothes The Deal moved their operations out of the garage it had been using and into a space at LACOE’s facility in Downey, California. 

Volunteers who gather from organizations like CAALA are critical to the success of Clothes the Deal. 

“With the rise in unemployment and the decrease in funding, we have had to brainstorm ideas of how to fundraise to help those in need of our services,” says CTD president, Deborah Brusavich. “We soon realized how many people are willing to donate their time to help our organization thrive during a time of such uncertainty.” 

Law firms generate thousands of pieces of business clothing for Clothes the Deal. In 2010, the Consumer Attorneys Association of Los Angeles and 30 individual law firms such as Agnew Brusavich, Esner Chang and Todd Bloomfield LLP hosted clothing drives for CTD or provided drop-off spots. 

Last spring, the Paul Hastings Janofsky & Walker law firm pitched in and ran a successful two-week clothing drive for CTD. The firm was so impressed with the work that Clothes the Deal does that it offered a number of pro bono services to CTD. 

“We are really grateful to the work Paul Hastings Janofsky & Walker is doing on our behalf and proud to be one of their charitable causes,” says Brusavich. “We are looking forward to a long and prosperous relationship.”

The current CTD Business Wear Drive ends tomorrow, January 5, 2011–but there is still time to drop off your donation at the following locations: 

Girardi and Keese, 1126 Wilshire Blvd., Los Angeles, CA 90017

Law Office of Lisa Maki, 1111 S. Grand Avenue, Suite 101, Los Angeles, CA 90015

Rice and Bloomfield,LLP, 5550 Topanga Canyon Blvd, Suite 200, Woodland Hills, CA 91367

The Cochran Firm, 4929 Wilshire Boulevard, Suite 1010, Los Angeles, CA 90010

Greene, Broillet & Wheeler, 100 Wilshire Boulevard, Suite 21, Santa Monica, CA 90401

Cheong, Denove, Rowell & Bennett, 10100 Santa Monica Blvd., Suite 2460, Los Angeles, CA 90067

Esner and Chang, 234 E. Colorado Blvd., Suite 750, Pasadena, CA 91101

Tim Ryan and Associates, 8072 Warner Avenue, Huntington Beach, CA 92647

Law Offices of C. Michael Alder, 9308 Civic Center Drive, Beverly Hills, CA 90210

AgnewBrusavich, 20355 Hawthorne Blvd. 2nd Floor, Torrance, CA 90503

Chapman, Glucksman, Dean, Rober & Barger, 11900 West Olympic Blvd., Suite 800, Los Angeles, CA 90064

Dimarco, Arujo & Montevideo, 1324 North Broadway, Santa Ana, CA 92706

Clothes The Deal is a 501 (c) (3) nonprofit organization that assist men, women, and at-risk youth in transition, empowering them to interview with confidence, gain employment and achieve economic self-sufficiency.

‘Ozzy made me do it’ not the Best Defense…

January 4th, 2011. By LucyC

Ozzy made me do it! A man in Ohio who was arrested for drunken-driving is blaming his arrest on Ozzy Osbourne. Really? How does that work?

Arrested for DUI on Christmas Eve, William Liston reportedly told police officers, “Ozzy Osbourne and his music made me do it.” Just on the off chance you’re not acquainted with Ozzy’s contribution to world music, he’s the lead singer of the heavy metal band Black Sabbath, which was big in the 1970s, as I recall, and he also works as a solo artist with titles like “Paranoid” and “Road to Nowhere.” Enough said, I think.

So, Liston is awaiting arraignment. And, it turns out that he pled not guilty earlier that week to charges of breaking into a medical office. No relation to the drunk driving case. He was released on a bond.

Maybe Led Zeppelin’s “Dazed and Confused” would have been a more appropriate music choice…

Speaking of ’70’s music, how ’bout some CSN Deja Vu? Sometimes, the answer is right there in front of you—as in this situation. Some bright spark thought he would do a quick drive-through robbery of a fast-food joint in Southern California.

So he rolls up to the drive through window and—I’m guessing—says—”this is a robbery—give me your money” (how complicated can it be?) But that’s when things started to go wrong— Read the rest of this entry »

Levaquin Sales Rep in Need of Auctioneer Training?

January 4th, 2011. By Hunter West

The recent victory by a Levaquin plaintiff in his lawsuit against the manufacturer of the fluroquinolone antibiotic raises an interesting sidebar. 

Earlier this month John Schedin was awarded more than a million dollars by a jury, after he suffered ruptures in both his Achilles tendons three days after starting on Levaquin together with a steroid. The doctor who prescribed the duo to the then-76-year-old indicated that while he was aware of the potential for tendon complications with Levaquin, he was not aware of the increased risk to seniors when Levaquin is taken in concert with a steroid. 

Schedin now has to crawl up the stairs on his hands and knees in order to get to his bed at night. His doctor is mortified at the role he played in his patient’s misfortune. 

The trial featured the usual back-and-forth as to what was known and what wasn’t, what was revealed and what allegedly was not, and so on. The manufacturer (defendant) claims that all the necessary info was made available on the medication guide that came with the product. The plaintiff countered that such information—including the black box warning—was buried deep within the bowels of a document few patients will ever read anyway, let alone their busy doctors. 

The doctor testified that he did not recall the manufacturer’s rep ever referencing tendon problems during her visits to the office. The sales rep, while testifying she did slip an information packet into the basket with all the free samples, did not recall either whether, or not, she had made any verbal reference to the Levaquin tendon issue. 

However, she said, she may not have had time anyway. She testified that in this day and age, with high caseloads, getting to actually talk to the doctor for 30 seconds would leave her feeling ‘lucky…’ 

Thirty seconds? 

Something is wrong here. 

How can a drug company rep effectively disseminate product information to a doctor in that Read the rest of this entry »