<?xml version="1.0" encoding="UTF-8"?>
<!-- generator="wordpress/2.0.2" -->
<rss version="2.0" 
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	>

<channel>
	<title>Kline Preston's Legal Blog</title>
	<link>http://www.klinepreston.com/blog</link>
	<description>The Conservative Lawyer</description>
	<pubDate>Wed, 04 Jul 2007 00:44:50 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.0.2</generator>
	<language>en</language>
			<item>
		<title>Briefly: Russian files suit in Nashville claiming Da Vinci Code infringement</title>
		<link>http://www.klinepreston.com/blog/2007/07/03/briefly-russian-files-suit-in-nashville-claiming-da-vinci-code-infringement/</link>
		<comments>http://www.klinepreston.com/blog/2007/07/03/briefly-russian-files-suit-in-nashville-claiming-da-vinci-code-infringement/#comments</comments>
		<pubDate>Wed, 04 Jul 2007 00:44:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Uncategorized</category>
	<category>Current Events</category>
	<category>Kline Preston in the News</category>
		<guid isPermaLink="false">http://www.klinepreston.com/blog/2007/07/03/briefly-russian-files-suit-in-nashville-claiming-da-vinci-code-infringement/</guid>
		<description><![CDATA[By E. Thomas Wood07-03-2007 12:20 PM — www.nashvillepost.com
An art scholar from the art museum of the Hermitage in St. Petersburg, Russia, yesterday took on the author and publisher of the blockbuster novel The Da Vinci Code, choosing Nashville as the battleground.
Dr. Mikhail Anikin followed through on threats made more than a year ago to sue [...]]]></description>
			<content:encoded><![CDATA[<p>By E. Thomas Wood<span class="date">07-03-2007 12:20 PM</span> — <a href="http://www.nashvillepost.com/">www.nashvillepost.com</a></p>
<p>An art scholar from the art museum of the Hermitage in St. Petersburg, Russia, yesterday took on the author and publisher of the blockbuster novel <em>The Da Vinci Code</em>, choosing Nashville as the battleground.</p>
<p>Dr. Mikhail Anikin followed through on threats <a href="http://business.timesonline.co.uk/tol/business/law/public/article704457.ece" target="_blank">made more than a year ago</a> to sue author Dan Brown and publisher Random House for supposedly stealing the concept of a &#8220;Da Vinci code&#8221; from him. Nashville lawyer Kline Preston, who studied in St. Petersburg back when it was still known as Leningrad, brought the legal action on behalf of Anikin in Nashville&#8217;s federal court. Preston discussed his intention of filing the lawsuit with Nashville Post Co.&#8217;s &#8220;Nashville Attorney&#8221; <a href="http://www.nashvillepost.com/documents/NP_INS/NATTY12190603.html#section-85" target="_blank">last December</a>.</p>
<p>A copy of the complaint is available <a href="http://www.nashvillepost.com/documents/NP_pdfs--legal/Anikin_v_DanBrown--USDC--2July2007.pdf" target="_blank">at this link</a>.
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2007/07/03/briefly-russian-files-suit-in-nashville-claiming-da-vinci-code-infringement/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>I CALLED IT RIGHT</title>
		<link>http://www.klinepreston.com/blog/2007/06/29/i-called-it-right/</link>
		<comments>http://www.klinepreston.com/blog/2007/06/29/i-called-it-right/#comments</comments>
		<pubDate>Sat, 30 Jun 2007 03:37:31 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Uncategorized</category>
	<category>Current Events</category>
	<category>Kline Preston in the News</category>
		<guid isPermaLink="false">http://www.klinepreston.com/blog/2007/06/29/i-called-it-right/</guid>
		<description><![CDATA[I posted a blog article on May 25, 2006 about Durham District Attorney Mike Nifong in which I opined that he was an abusive, reckless and unqualified district attorney. This was at the same time the Black Panthers, Jesse Jackson, Al Sharpton, and Nancy Grace were fitting coffins for those talented, young Duke Lacrosse players. [...]]]></description>
			<content:encoded><![CDATA[<p class="western" style="margin-bottom: 0in">I posted a blog article on May 25, 2006 about Durham District Attorney Mike Nifong in which I opined that he was an abusive, reckless and unqualified district attorney. This was at the same time the Black Panthers, Jesse Jackson, Al Sharpton, and Nancy Grace were fitting coffins for those talented, young Duke Lacrosse players. Well, and I really do enjoy this&#8212;&#8211; “ I TOLD YOU SO!!!” My question now is where are Nancy Grace, the Black Panthers, Jesse Jackson, Al Sharpton and the Duke Faculty now? The silence is deafening.</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2007/06/29/i-called-it-right/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>THE NEW “RED” JOURNALISM</title>
		<link>http://www.klinepreston.com/blog/2007/06/29/the-new-%e2%80%9cred%e2%80%9d-journalism/</link>
		<comments>http://www.klinepreston.com/blog/2007/06/29/the-new-%e2%80%9cred%e2%80%9d-journalism/#comments</comments>
		<pubDate>Fri, 29 Jun 2007 16:16:11 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Uncategorized</category>
	<category>Current Events</category>
		<guid isPermaLink="false">http://www.klinepreston.com/blog/2007/06/29/the-new-%e2%80%9cred%e2%80%9d-journalism/</guid>
		<description><![CDATA[I read with interest and anger the June 27, 2007 article in The Wall Street Journal entitled “J’accuse!” by Alex Goldfarb and Marina Litvinenko. The opinions set forth in the article are understandable given the fact that Marina Litvinenko is the widow of the late Alexander Litvinenko – whom she refers to as Sasha, at [...]]]></description>
			<content:encoded><![CDATA[<p><font face="Times New Roman" size="3">I read with interest and anger the June 27, 2007 article in <em>The Wall Street Journal</em> entitled “J’accuse!” by Alex Goldfarb and Marina Litvinenko. The opinions set forth in the article are understandable given the fact that Marina Litvinenko is the widow of the late Alexander Litvinenko – whom she refers to as Sasha, at least from an emotional perspective. However, the assertions are little more than “yellow” journalism, or perhaps it should now be referred to in this context as “red” journalism.</font></p>
<p><font size="3"><font face="Times New Roman">            Despite giving Mrs. Litvinenko great deference in her op-<u>ed</u> piece because of her loss, I take issue with the article as it assumes unsubstantiated facts and it propagates the current Western media negativity toward the so-called “New Russia”. Mrs. Litvinenko refers to Russia as a “rogue” state and “evil empire” and claims that she has been “hijacked” by the FSB. She further avers that the Kremlin and Mr. Putin are responsible for the murder of her husband.</font></font></p>
<p><font face="Times New Roman" size="3">The claims made by Mrs. Litvinenko are fashionable, contemporary Western opinions about Russia, yet they are inaccurate and hypocritical. Mrs. Litvinenko calls Russia a “rogue’ state, yet there is no credible basis for this. Is Russia now a ‘rogue’ state because she has a newly-asserted voice in world politics, because she has recently paid off her Soviet-era debt, because she has objected to the encroachment of NATO in her backyard, because the Christian church has the blessings of the Russian state, or because she sells her oil and gas for market prices? Mrs. Litvinenko and Mr. Goldfarb accuse Mr. Putin of murder while denouncing Russia for failing to extradite Mr. Lugovoi from Russia based on accusations that Mr. Lugovoi is responsible for the murder of her husband. Let us not forget that Mr. Lugovoi is innocent until proven guilty. This is one of the Western values which we so often herald. By the way, the Russian Constitution, Article 49, also affords Mr. Lugovoi the same presumption. Mr. Berezovsky, a Russian citizen who fled to Britain and the reputed sponsor of Mr. Litvinenko, has sought asylum in Britain from prosecution in Russia for a variety of charges. Britain has refused Russia’s request to extradite Mr. Berezovsky. Why should Russia’s extradition request be denied while Britain’s should be granted? Does this make Britain a ‘rogue’ state? Is one nation more sovereign than the other?</font></p>
<p><font face="Times New Roman" size="3">Mrs. Litvinenko accuses President Putin of murder and President Bush of complicity by ignoring the murder of her husband because President Bush is hosting President Putin at his summer home in Maine. Mrs. Litvinenko’s depiction of U.S. foreign policy toward Russia misapprehends current U.S. policy toward Russia. Current U.S. policy toward Russia is anything but amicable. U.S. policy is now apparently misguided by Secretary of State Condoleeza Rice, who has an obvious cold war vision and mentality, which is evident by the U.S. policy of encroachment and interference in the Russian hemisphere. The U.S. has led the charge of NATO into former Soviet Republics as well as former Comecon nations, has sought to implement an air “defense” system in the Czech Republic, has attempted to influence elections in Ukraine and Georgia, has established a military airbase in Uzbekistan, and has publicly criticized Russia over her energy policy, and over the arrest and conviction of Mr. Mikhail Khodorkovsky. </font></p>
<p><font face="Times New Roman" size="3">For Mrs. Litvinenko and Mr. Goldfarb to claim complicity by Messrs. Putin and Bush is misguided and inaccurate. The accusations against President Putin and President Bush are baseless and myopic. In addition, readers should take into consideration the source. Mrs. Litvinenko is the widow of a former FSB officer who was a fugitive from Russian justice. Once his conviction was overturned in the Russian judicial system, he fled to Britain and reputedly lived on money provided to him by Mr. Berezovsky, another fugitive from Russian justice. Why should Russia honor the request of Britain to extradite Mr. Lugovoi when Britain refuses Russia’s extradition requests for Mr. Berezovsky? The alleged criminal exploits of Boris Berezovsky are detailed in a book written by the late Paul Klebnikov entitled “<em>Godfather of the Kremlin – Boris Berezovsky and The Looting of Russia</em>”. Following Mr. Klebnikov’s publication of this book, he was murdered in Moscow. Who had a better motive to kill Mr. Klebnikov than Boris Berezovsky? Mr. Klebnikov’s book was quite critical of Mr. Berezovsky. Mr. Klebnikov was then brutally murdered. Yet, to affirmatively implicate Boris Berezovsky would be as reckless as the accusation that President Putin is responsible for the murder of Mr. Litvinenko.</font></p>
<p><font face="Times New Roman" size="3">The death of Mr. Litvinenko is unfortunate and I do not intend to minimize Mrs. Litvinenko’s loss. However, the cold war-esque, empty rhetoric contained in her article is little more than “red” journalism, the new “yellow” journalism, as it is misleading and assumes unproven facts which only propagate the old world ideas of automatic, reactionary antagonism toward Russia. </font></p>
<p><font size="3"><font face="Times New Roman">Russia has a democratically-elected President and representative government based on a republican form of government. Russia has elected executive and legislative branches, and a judicial branch created by a democratically-enacted Constitution. Russia has not invaded any of its neighboring states and has not threatened any states with its nuclear arsenal – despite the Western media’s report that Mr. Putin rhetorically stated that he would redirect Russia’s nuclear arsenal toward Europe in response to the proposed installation of a missile defense system in the Czech Republic. The real issue is a question of sovereignty. The Western states should afford Russia the same rights and respect for her sovereignty that they assert and demand and the world will enjoy even greater stability than it did during the Cold War. On the other hand, to propagate myths about a Russia as a “rogue” state serves no beneficial purpose.</font></font></p>
<p><font face="Times New Roman" size="3" /></p>
<p><font face="Times New Roman" size="3">G. Kline Preston, IV </font></p>
<p><em><font size="3"><font face="Times New Roman">is an attorney specializing in matters involving Russian law including, but not limited to, business disputes, and transactions. Mr. Preston represents Dr. Mikhail Anikin in his copyright infringement against Dan Brown for infringement of THE DA VINCI CODE.<br />
</font></font></em><font face="Times New Roman" size="3">Kline Preston Law Group, P.C.</font></p>
<p><font size="3">·</font>        <font size="3"><font face="Times New Roman">Nashville, TN</font></font></p>
<p><font size="3">·</font>        <font size="3"><font face="Times New Roman">St. Petersburg, Russia</font></font></p>
<p><a href="http://www.klinepreston.com/"><font face="Times New Roman" size="3">www.Klinepreston.com</font></a>
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2007/06/29/the-new-%e2%80%9cred%e2%80%9d-journalism/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>From Tampa, to Nashville, to nowhe</title>
		<link>http://www.klinepreston.com/blog/2006/12/20/from-tampa-to-nashville-to-nowhe/</link>
		<comments>http://www.klinepreston.com/blog/2006/12/20/from-tampa-to-nashville-to-nowhe/#comments</comments>
		<pubDate>Wed, 20 Dec 2006 22:17:54 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Uncategorized</category>
	<category>Current Events</category>
	<category>Kline Preston in the News</category>
		<guid isPermaLink="false">http://www.klinepreston.com/blog/2006/12/20/from-tampa-to-nashville-to-nowhe/</guid>
		<description><![CDATA[By JEFF TESTERMAN, Times Staff Writer
Published December 8, 2006
In a storybook ending, Matthew B. Cox might have abandoned his criminal ways, married the girlfriend he met in Nashville and settled into a business offering hope to underprivileged home-buyers.
Instead, Cox reverted to the form that sparked an FBI investigation in Tampa and put him atop the [...]]]></description>
			<content:encoded><![CDATA[<p>By JEFF TESTERMAN, Times Staff Writer<br />
Published December 8, 2006</p>
<p>In a storybook ending, Matthew B. Cox might have abandoned his criminal ways, married the girlfriend he met in Nashville and settled into a business offering hope to underprivileged home-buyers.<br />
Instead, Cox reverted to the form that sparked an FBI investigation in Tampa and put him atop the U.S. Secret Service’s most-wanted list for a trail of mortgage frauds across the South.<br />
In Nashville, using the alias Joseph M. Carter, Cox deceived investors, lenders and tenants.</p>
<p>He shielded his identity from Amanda Gardner, a 25-year-old divorced mother who became his girlfriend and business partner in a home rehab company called Nashville Restoration Project.<br />
Investigators in Tennessee believe Cox borrowed from a technique fine-tuned in Tampa, creating a fictional Florida investor — this time the name was Walter A. Holcomb — to sign for mortgage loans.<br />
A St. Petersburg Times examination of documents recorded in Nashville shows the fictional names Carter and Holcomb were used to acquire 23 properties and to sign for 15 fraudulent mortgage loans totaling more than $1.47-million. The Times also found forged property records.<br />
With Cox already facing a 42-count federal indictment in Atlanta and possible charges in Tampa, the Secret Service is investigating his Tennessee activities.<br />
For 17 months in Nashville, Cox masqueraded as Carter, a 39-year-old developer who wore hair plugs and a diamond earring.</p>
<p>He impressed investors with an ambitious vision for the Napier neighborhood, an area of dilapidated, shotgun-style homes built from 1900 to 1920.<br />
“He had big dreams about developing the ’hood, and after I saw the renovation of his place, I said, &#8216;Wow, this guy’s very talented,’ ” said Omar Melo, a developer who sold three properties to Carter.<br />
“He cracked the whip on the contractors, and he brought this artistic background and a level of meticulousness to the job that made it look like a real attractive business venture.’’<br />
Kline Preston, a Nashville attorney representing Gardner, said the Secret Service interviewed him about her involvement with the man she knew as Carter.<br />
“She was essentially a victim,’’ Preston said. “This guy hijacked her business. He traded on her vulnerability. She got caught up in this whirlwind after she fell in love with the guy.’’<br />
In the wake of Cox’s arrest, Preston said he and Gardner are trying to salvage what they can out of her Nashville investments while protecting the interests of lenders.<br />
As for Cox, Preston said, “Oh, they’re going to indict him. What he’s looking at is being behind bars from now on.”<br />
***<br />
Joseph M. Carter’s signature first appears in Nashville in the Davidson County Register of Deeds in June 2005, not long after Cox split up with his fiancee and accomplice, Rebecca Hauck, in Texas.<br />
She and Cox, a University of South Florida art student and mortgage broker stripped of his license after a fraud conviction, fled Tampa in December 2003 as the Times prepared to publish stories about his involvement in questionable property deals in Tampa Heights.<br />
According to an indictment in August 2004, the couple embarked on a multi-state mortgage fraud crime spree after leaving Florida, using stolen identities and forgery to steal millions, then spending it on luxury cars, jewelry and plastic surgery.<br />
Hauck was captured in Houston. She pleaded guilty to reduced charges and agreed to testify against Cox if agents captured him. On Nov. 15, she was sentenced to 70 months in prison and ordered to pay $1.19-million restitution.<br />
A day later, Secret Service agents arrested Cox at his and Gardner’s rehabbed home at 79 Donelson St. in Nashville.</p>
<p>Agents had been tipped off by a 60-year-old retiree and occasional babysitter. She said she became suspicious of Carter and matched him with a picture of Cox she found on the Secret Service’s Web site.<br />
***<br />
The list of those duped in Nashville runs the gamut, from notaries to bankers to poor people who thought they were buying homes from Carter.<br />
Among them was Rosie Lee Harris, a 77-year-old widow who uses a walker. She signed an agreement for deed with Carter last year to buy the 105-year-old frame home at 113 Claiborne St., a property the county assessor says is worth $62,800. Carter paid $179,000 for it, signing for two mortgages totaling $186,750.<br />
Harris said she put $1,200 down, moved her family in, then paid $600 a month toward the purchase, even though portable heaters had to be brought in when the gas heat didn’t work.<br />
After Carter’s arrest, Harris learned her contract is worthless. She was told that her family will be forced to find new quarters.<br />
“The Secret Service told me, &#8216;Don’t pay your rent to nobody, because right now, nobody owns this place but the bank,’ ’’ Harris said. “I pray every night about it and ask God what’s going to happen to us.”<br />
***<br />
Carter’s Nashville acquisitions mirror many made while Cox was an executive at Urban Equity, an Ybor City real estate firm.</p>
<p>There, buyers paid inflated prices for run-down properties, obtained exorbitant mortgages,  collected rent for a period, then disappeared.<br />
Many Tampa purchases were made by buyers Cox invented, according to court records. The non-existent Brandon Green and James Redd were among the phony names used to obtain $2.77-million in mortgage loans to buy 21 properties.<br />
In Nashville, the phantom investor who popped up after Cox came to town was Walter A. Holcomb.<br />
“Holcomb was supposed to be a businessman out of Tampa who ran a company called Manufacturer’s Funding Group,’’ said Preston, Gardner’s attorney. “But we believe he was just an alter ego for Carter.’’<br />
There is no corporate listing for Manufacturer’s Funding Group in Florida or Tennessee. The Social Security number shown for Holcomb was issued only last year.<br />
The Holcomb name was used for three purchases, including one from Gardner, which Preston said was done at Carter’s behest. He says she never saw the supposed investor, at a closing or elsewhere.<br />
Dennis and Letina Rouse, who rented a $775-a-month home from Holcomb, never laid eyes on him either.<br />
Letina Rouse said she wanted to speak to the landlord because the roof leaks, there is no electricity in one bedroom and no heat in the bathroom.<br />
“I never saw him, I never talked to him, I don’t even have a phone number for him,’’ Letina Rouse said of Holcomb.<br />
“But he had more mail coming here than we did: mortgage statements, bank statements, credit card statements. I sent it all back. It was very fishy, all his mail coming here like that.”<br />
The Rouses paid their rent to Andrew Hereford, the same man who collected rents for Carter. Records show the Holcomb tax bill for the Rouse rental was sent to 79 Donelson St., the home where Carter lived.<br />
At least two documents in the Holcomb transactions are forged.<br />
One was the deed for the sale of a 734-square-foot home for $175,000 from Carter to Holcomb, a sale from a non-existent seller to a non-existent buyer. Holcomb’s signature was notarized by John Gleaves, manager of a Nashville title company.<br />
But Gleaves said he never notarized the document.<br />
“There’s no doubt, that’s not my signature,’’ Gleaves said. He said he handled several closings for Carter, but “had no clue’’ about any forgery.<br />
Another document, called a release of lien, was filed to show a $122,500 loan to Holcomb had been paid. It is purportedly filed by an official of Homecomings Financial Network named David L. Stone Jr. in Charlotte, N.C., in Jefferson County. It is notarized by Robert S. Thomas.<br />
But there is no David L. Stone at Homecoming’s Charlotte office. There is no notary named Robert S. Thomas in Charlotte. And there is no Jefferson County in North Carolina.<br />
Fooled by the forgery into believing the loan against Holcomb’s property had been paid off, another lender, SunTrust Mortgage, made a new $122,500 loan to Holcomb.<br />
If there is a lesson to be learned, said Preston, it’s that there is “zero authentication’’ of documents when deeds are transferred and mortgages and other instruments are recorded. That opens the door to fraud.<br />
“If I filed a deed for the moon, they’d accept it, it would be recorded and it would show I owned the moon,’’ Preston said.<br />
“Mr. Cox saw the weakness in the system. He figured it all out.”<br />
Times researcher John Martin contributed to this report. Jeff Testerman can be reached at (813) 226-3422 or testerman@sptimes.com
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/12/20/from-tampa-to-nashville-to-nowhe/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>Nashville lawyer takes on DaVinci&#8217;s Random House</title>
		<link>http://www.klinepreston.com/blog/2006/12/20/nashville-lawyer-takes-on-davincis-random-house/</link>
		<comments>http://www.klinepreston.com/blog/2006/12/20/nashville-lawyer-takes-on-davincis-random-house/#comments</comments>
		<pubDate>Wed, 20 Dec 2006 21:57:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Current Events</category>
	<category>Kline Preston in the News</category>
	<category>Russia</category>
		<guid isPermaLink="false">http://www.klinepreston.com/blog/2006/12/20/nashville-lawyer-takes-on-davincis-random-house/</guid>
		<description><![CDATA[Nashville attorney Kline Preston says the Kline Preston Law Group has been retained by Russian author and art historian Mikhail Anikin to sue Random House Inc. and The Da Vinci Code author Dan Brown for violating Anikin&#8217;s rights.
Preston, 40, told Nashville Attorney he plans to file the suit in U.S. District Court for MiddleKline Preston [...]]]></description>
			<content:encoded><![CDATA[<p>Nashville attorney Kline Preston says the Kline Preston Law Group has been retained by Russian author and art historian Mikhail Anikin to sue Random House Inc. and The Da Vinci Code author Dan Brown for violating Anikin&#8217;s rights.</p>
<p>Preston, 40, told Nashville Attorney he plans to file the suit in U.S. District Court for MiddleKline Preston Tennessee this month. Preston said Dec. 7 that the filing will invoke protections of author&#8217;s rights under Russian law, as well as protections afforded by copyright laws and by the Berne Convention Protecting Literary and Artistic Works.<br />
 Anikin contends his 2000 work, Leonardo Da Vinci or Theology on Canvas (also translated, Leonardo da Vinci: Theology In Paint), not only explicitly referred to the central mystery as the &#8220;Da Vinci Code,&#8221; but also laid out the premise that Da Vinci&#8217;s famous Mona Lisa (La Giaconda) melded images of both Jesus and the Virgin Mary, and represented an allegory of the Christian church.  <br />
 Anikin asserts that in 1998 he described his theory to both his Russian colleagues and to Americans visiting at the Hermitage Museum in St. Petersburg, Russia.  Anikin says that with his consent those with whom he spoke passed the theory along to one or more authors, with the understanding Anikin would be given credit for his analysis by anyone using it. Preston confirmed this account.<br />
 Preston and St. Petersburg-based partner Chris Mitchell established Mitchell &#038; Preston attorneys in St. Petersburg; Mitchell is of-counsel to Preston&#8217;s Nashville firm.  <br />
 Both men have prior experience in international and domestic business law, and a portion of Preston&#8217;s practice involves assisting in Americans&#8217; adoptions of children born in the Ukraine and elsewhere in the former Soviet Union. Preston and Mitchell also represented the original manager of Bering Strait, the classically trained Russian bluegrass band, in a contract dispute with band members. The group is now Nashville based<br />
 Preston earned his bachelor&#8217;s degree in Russian language and literature at the University of Tennessee in 1989, and earned his law degree at Nashville School of Law in 1994.  He also studied in Leningrad via an Indiana University program at Leningrad State University<br />
 With more than 60 million copies in print, Code has been the focus of much litigation:  Two years ago here in Nashville, Random House first objected, but then soon relented in a complaint about Nashville-based Thomas Nelson Inc.&#8217;s use of the title Breaking the DaVinci Code, by author Darrell Bock<br />
Just a month ago in U.S. District Court in Manhattan, Random House and author Lewis Perdue battled over Perdue&#8217;s claims that Brown had infringed on Perdue&#8217;s &#8220;Daughter of God&#8221; (Doherty, 2000). The federal court rejected the argument and the U.S. Supreme Court refused to hear an appeal. Also, earlier this year two of Random House&#8217;s own authors, Michael Baigent and Richard Leigh, who created the 1982 nonfiction book &#8220;The Holy Blood and the Holy Grail,&#8221; sued Random House in London&#8217;s High Court, alleging parts of their work formed the basis of Brown&#8217;s novel.  The court rejected their claims of copyright infringement.<br />
From <a href="http://www.nashvillepost.com/">http://www.nashvillepost.com/</a>
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/12/20/nashville-lawyer-takes-on-davincis-random-house/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>RUSSIAN SCIENTIST ASKS GENERAL OFFICE OF PUBLIC PROSECUTOR TO PUNISH ”THE DA VINVI CODE’S” AUTHOR FOR PLAGIARISM</title>
		<link>http://www.klinepreston.com/blog/2006/07/07/russian-scientist-asks-general-office-of-public-prosecutor-to-punish-%e2%80%9dthe-da-vinvi-code%e2%80%99s%e2%80%9d-author-for-plagiarism/</link>
		<comments>http://www.klinepreston.com/blog/2006/07/07/russian-scientist-asks-general-office-of-public-prosecutor-to-punish-%e2%80%9dthe-da-vinvi-code%e2%80%99s%e2%80%9d-author-for-plagiarism/#comments</comments>
		<pubDate>Fri, 07 Jul 2006 22:51:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Uncategorized</category>
	<category>Current Events</category>
	<category>Russia</category>
		<guid isPermaLink="false">http://klinepreston.com/blog/2006/07/07/russian-scientist-asks-general-office-of-public-prosecutor-to-punish-%e2%80%9dthe-da-vinvi-code%e2%80%99s%e2%80%9d-author-for-plagiarism/</guid>
		<description><![CDATA[Senior research worker of “Ermitazh” Mikhail Anikin has brought  an action against the author of “The Da Vinci Code”. Russian art critic Anikin blames an American writer for plagiarism and theft of his scientific working and discoveries. According to his words, Dan Brown illegally used his ideas while writing at least three books that became [...]]]></description>
			<content:encoded><![CDATA[<p>Senior research worker of “Ermitazh” Mikhail Anikin has brought  an action against the author of “The Da Vinci Code”. Russian art critic Anikin blames an American writer for plagiarism and theft of his scientific working and discoveries. According to his words, Dan Brown illegally used his ideas while writing at least three books that became best-sellers. Yesterday the art critic arrived from Moscow to St. Petersburg to file a petition with the General Office of Public Prosecutor of Russia. He demands to prohibit distribution of the book and showing of the movie “The Da Vinci Code” in the country. From judicial authorities of the USA he demands Brown’s bringing to account. The scientist also expects to get money damages  for  moral damage as well.<br />
Having read “The Da Vinci Code” Anikin was terrified: “All my ideas without my permission were used in Brown’s publications”. According to Anikin, he was the first who guessed a riddle of “Jokonda”, even the title “The Da Vinci Code” was invented by the Russian scientist in 1987.<br />
Anikin proved that Leonardo da Vinci created a coded allegory of Christian church, collective image of male and female. To prove his theory Russian art critic used fundamental scientific methods, archives of the very Leonardo and even X-ray. He divided relatively the portrait into 2 vertical parts and saw 2 different images. “I guessed this riddle in 1986. It was proclaimed on the 14<sup>th</sup> of October in 1987 at the meeting of European art history department of the Hermitage”, says Anikin. At that time, according to Anikin, the  concept and phrase “the Da Vinci code” was born. In this way opponents of the scientist named his invention. That’s why Anikin is sure that there won’t be any problems with witnesses. In atheistic Soviet Union it was decided not to cover this invention broadly, there were published only several articles in scientific magazines and one brief article in a provincial newspaper.<br />
“It was in August, 1998 in the Hermitage in time of exhibition which was visited by a delegation from the USA. I was communicating with them almost every day during 2 weeks”, says the art critic. According to his words, the closest relations he had with one colleague, designer and photographer William Sten. “He seemed to be an honest and cultured person who found my discovery interesting”, remembers Anikin. Sten was making many notes while listening to Russian colleague. Sten was delighted with his ideas, and then he asked for permission to retell them to his friend, journalist… Dan Brown. Flattered Anikin agreed. However Anikin put forward a condition: if his ideas are used in any way, it is necessary to point out primary source.<br />
The story was forgotten. In 2000 Anikin wrote a book, not fiction but popular scientific – “Leonardo Da Vinci ili bogosloviye v kraskakh”. In this book Anikin stated his theory. The book was published in a small edition.<br />
    In his petition to the General Office of Public Prosecutor of Russia and judicial authorities of the USA Anikin writes that appearance the  of “The Da Vinci Code” in 2003 would be impossible without using the whole complex of ideas expressed in his monograph. According to Anikin, content of Brown’s fashionable but doubtful best-seller caused deep moral and financial damage to him as some of his ideas were misinterpreted in a wrong way. All the necessary evidences are in my publications that were issued in Russia earlier than Dan Brown’s “The Da Vinci Code”.<br />
    Anikin asks the General Office of Public Prosecutor to prohibit distribution of the book and showing of the movie “The Da Vinci Code” and to oblige Russian distributor to pay him compensation at the rate of all fees that Brown must get from Russian sales. From judicial authorities of the USA Anikin demands bringing to account of the author of a scandal best-seller for plagiarism and oblige him to apologize. Sum of compensation from the very Brown is not determined yet. But Anikin believes it must be equivalent to the sum of all Brown’s fees received for “The Da Vinci Code”.<br />
 <br />
This is not the end of the story. Anikin confessed to a correspondent of “Izvestiya” that Brown (without asking) borrowed from him other scientific conclusions. For other stolen ideas such as “Digital fortress” and “Angels and Demons” (Dan Brown’s novels) Anikin is not going to bring an action. “I will only announce that Mr. Brown deceived me and I’ll prove it three times”, says Anikin.<br />
“In a suit with Dan Brown Anikin has no chances”, claims Irina Tulubyeva, manager and partner of the law group “Tulubyeva, Osipov and partners”, specialized in defense of intellectual property, “the matter is that copyright doesn’t preserve ideas, methods and conceptions. In cases with writing not content can be contested but form. In other words, the Court will compare two texts word for word. There is a sense at law only if in the novel “The DA Vinci Code” there are pieces that word in word repeat parts from Anikin’s book. I hesitate that they will be found. In addition, Anikin will have to be at law with Dan Brown on the territory of the USA and use services of American lawyers. These are vast expenses.”<br />
<span /><span />Elena Rotkevich, St. Petersburg<br />
<span /><a href="http://www.inauka.ru/mifs/article64382.html">http://www.inauka.ru/mifs/article64382.html</a><br />
<span />Reported By Tanya Golenishcheva  of Kline Preston Law Group, P.C. in Kiev<br />
 
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/07/07/russian-scientist-asks-general-office-of-public-prosecutor-to-punish-%e2%80%9dthe-da-vinvi-code%e2%80%99s%e2%80%9d-author-for-plagiarism/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>UKRAINE OPENS NEW ADOPTION CENTER</title>
		<link>http://www.klinepreston.com/blog/2006/07/05/ukraine-opens-new-adoption-center/</link>
		<comments>http://www.klinepreston.com/blog/2006/07/05/ukraine-opens-new-adoption-center/#comments</comments>
		<pubDate>Wed, 05 Jul 2006 22:43:47 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Current Events</category>
	<category>Adoption</category>
		<guid isPermaLink="false">http://klinepreston.com/blog/2006/07/05/ukraine-opens-new-adoption-center/</guid>
		<description><![CDATA[On July 3, 2006 Yury Pavlenko, Minister for Family, Youth and Sports of Ukraine announced the opening of the new adoption center in Ukraine. It is called the State Department for Adoption and Protection of Rights of the Child (SDAPRC). The new agency is a completely new agency from the previous National Adoption Center (NAC).

This [...]]]></description>
			<content:encoded><![CDATA[<p>On July 3, 2006 Yury Pavlenko, Minister for Family, Youth and Sports of Ukraine announced the opening of the new adoption center in Ukraine. It is called the State Department for Adoption and Protection of Rights of the Child (<strong>SDAPRC).</strong> The new agency is a completely new agency from the previous National Adoption Center <strong>(NAC).</strong><br />
<span /></p>
<p>This marks the third such agency in Ukraine in approximately 18 months. According to Mr. Pavlenko the agency will begin processing applications again beginning September 1, 2006. There will no longer be a restriction on American families. Mr. Palvenko also made it clear that the objective of the new agency is to promote intracountry adoptions. It appears that the system is operational again at last. There are hundreds of  American families waiting to adopt not to mention the number of children waiting to be adopted.<br />
 
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/07/05/ukraine-opens-new-adoption-center/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>IS THERE A PRIVATE RIGHT OF ACTION FOR BUSINESSES AFFECTED BY ILLEGAL LABOR?</title>
		<link>http://www.klinepreston.com/blog/2006/07/03/is-there-a-private-right-of-action-for-businesses-affected-by-illegal-labor-2/</link>
		<comments>http://www.klinepreston.com/blog/2006/07/03/is-there-a-private-right-of-action-for-businesses-affected-by-illegal-labor-2/#comments</comments>
		<pubDate>Mon, 03 Jul 2006 16:30:06 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Current Events</category>
	<category>Immigration</category>
		<guid isPermaLink="false">http://klinepreston.com/blog/2006/07/03/is-there-a-private-right-of-action-for-businesses-affected-by-illegal-labor-2/</guid>
		<description><![CDATA[It appears that the issue of whether a private right of action exists for businesses which employ illegal labor is still undecided after the United States Supreme Court remanded the Mohawk Industries, Inc. v. Shirley Williams to the 11th Circuit for further consideration in light of the ruling in Anza v. Ideal Steel Supply Corporation [...]]]></description>
			<content:encoded><![CDATA[<p>It appears that the issue of whether a private right of action exists for businesses which employ illegal labor is still undecided after the United States Supreme Court remanded the Mohawk Industries, Inc. v. Shirley Williams to the 11<sup>th</sup> Circuit for further consideration in light of the ruling in Anza v. Ideal Steel Supply Corporation which was remanded on the same day from the Supreme Court to the Second Circuit. The language of the Anza case leads me to believe that a RICO action cannot be maintained against a business which competes unfairly using illegal labor unless proximate causation can be proven which, in the words of the Supreme Court, may be tenuous. Thus, it appears that  we need direct, specific legislation to address this issue other than RICO such as the Unfair Competition and Labor Act that  I have proposed.
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/07/03/is-there-a-private-right-of-action-for-businesses-affected-by-illegal-labor-2/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>THE CALCULABLE COST OF ILLEGAL IMMIGRATION</title>
		<link>http://www.klinepreston.com/blog/2006/06/13/the-calculable-cost-of-illegal-immigration/</link>
		<comments>http://www.klinepreston.com/blog/2006/06/13/the-calculable-cost-of-illegal-immigration/#comments</comments>
		<pubDate>Tue, 13 Jun 2006 22:34:55 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Current Events</category>
	<category>Immigration</category>
		<guid isPermaLink="false">http://klinepreston.com/blog/2006/06/13/the-calculable-cost-of-illegal-immigration/</guid>
		<description><![CDATA[  On Friday, June 9, 2006 The Tennessean reported that a Mt. Juliet couple were killed when a “Madison” man fled from police and crashed his SUV into two cars. Metro police said that Gustavo Rayes Garcia, 27, of 814 Anderson Lane, crossed over Old Hickory Blvd. and killed Sean Paul Wilson and his wife, [...]]]></description>
			<content:encoded><![CDATA[<div class="entry">  On Friday, June 9, 2006 <em>The Tennessean</em> reported that a Mt. Juliet couple were killed when a “Madison” man fled from police and crashed his SUV into two cars. Metro police said that Gustavo Rayes Garcia, 27, of 814 Anderson Lane, crossed over Old Hickory Blvd. and killed Sean Paul Wilson and his wife, Donna Lynn Wilson.  <em>The Tennessean</em> further reported that Garcia has been arrested previously on charges of drunken driving, evading arrest and resisting arrest, leaving the scene of an accident, and driving on a revoked license. On Tuesday, June 13, 2006 <em>The Tennessean</em> reported on the last page of the Local News section in an article entitled “ Madison Man Charged in Wreck Deaths”, that Senor Garcia has been charged in the deaths of the Wilsons and that a detainer has been placed on him from  Immigration and Customs Enforcement because Senor Reyes “appears” to be an illegal immigrant. In the first report <em>The Tennessean</em> referred to him as Gustavo Rayes Garcia. In the second article <em>The Tennessean</em> referred to him as Gustavo Garcia Reyes. Which is it? And why is the headline not “Drunk Illegal Immigrant kills two Americans while Fleeing Police”. The whole issue that Senor Garcia a/k/a Reyes is an illegal immigrant is totally downplayed by the press. The fact that <em>The Tennessean</em> has referred to this man under two names is further indicative of the problems caused by illegal immigration. <em>Ergo</em>, who is this man really?  Our government has no idea. One fact is absolutely certain, however, and that is that the government has failed us in this instance and, without a doubt, it has failed the Wilsons. Senor Garcia a/k/a Rayes has come through our court system and he was apparently processed like anyone else who is here legally. Had the courts enforced the law and he had been deported like he is supposed to have been , the Wilsons would be alive today. I made an earlier entry to my blog and titled it “ The Incalculable Cost of Illegal Immigration”. Unfortunately, in this instance the cost of illegal immigration is calculable. The calculable cost of illegal immigration in this instance is the lives of two Tennessee citizens-  Sean Paul Wilson, age 38, and his wife, Donna Lynn Wilson, 47, both of Mt. Juliet, Tennessee. The deaths of these two Tennesseans was preventable and their blood is on the hands of our federal government. Who will speak for these citizens whose voices are now silenced by an illegal immigrant? It certainly is not our primary daily newspaper <em> The Tennessean </em> which has totally missed the story here.</div>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/06/13/the-calculable-cost-of-illegal-immigration/feed/</wfw:commentRSS>
		</item>
		<item>
		<title>BEWARE OF FINANCIAL RESPONSIBILITY LAW</title>
		<link>http://www.klinepreston.com/blog/2006/06/07/beware-of-financial-responsibility-law/</link>
		<comments>http://www.klinepreston.com/blog/2006/06/07/beware-of-financial-responsibility-law/#comments</comments>
		<pubDate>Wed, 07 Jun 2006 19:14:06 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
	<category>Current Events</category>
		<guid isPermaLink="false">http://klinepreston.com/blog/2006/06/07/beware-of-financial-responsibility-law/</guid>
		<description><![CDATA[Before you send in the $100 fine for failing to show proof of insurance or other proof of financial responsibility when stopped by a police officer, think again. Although the tickets do not explain nor disclose this, under the Financial Responsibility Law in Tennessee, the Department of Safety must suspend the drivers license of anyone [...]]]></description>
			<content:encoded><![CDATA[<p><span style="font-size: 10pt; font-family: Arial">Before you send in the $100 fine for failing to show proof of insurance or other proof of financial responsibility when stopped by a police officer, think again. Although the tickets do not explain nor disclose this, under the Financial Responsibility Law in Tennessee, the Department of Safety must suspend the drivers license of anyone who pays the fine or is convicted of not showing proof of insurance when stopped. Conviction for violating this statute is a $100 fine and is classified as a Class C misdemeanor. The clerk’s office does not reveal this on the tickets. The first notice you would receive is the suspension order from the Department of Safety. To reinstate your license you would then have to pay a $65 reinstatement fee and retake the drivers license exam. The better practice is to appear in court and present proof of insurance if you did not have it in your car when you were stopped by the officer. Otherwise, you will spend at least a day trying to remedy the situation. I know this from first hand experience. </p>
<p></span>
</p>
]]></content:encoded>
			<wfw:commentRSS>http://www.klinepreston.com/blog/2006/06/07/beware-of-financial-responsibility-law/feed/</wfw:commentRSS>
		</item>
	</channel>
</rss>
