LAWYERS

Craig says he's staying on as Obama's lawyer

David Ingram

Photo: White House / Pete Souza

In his most wide-ranging interview as White House counsel, Gregory Craig said Friday that he does not intend to resign his position and he pushed back against criticism of his role in the Obama administration's plan to close the detention camp at Guantánamo Bay, Cuba.

Hogan, Lovells union faces many obstacles

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Carrie Levine and Jeff Jeffrey

Hogan & Hartson and Lovells are considering one the riskiest maneuvers in the legal business — a trans-Atlantic merger, which in this case would create a global megafirm of more than 2,500 lawyers.

Uniform bar examination drawing closer to reality

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Leigh Jones

Next year, at least 10 states are expected to switch to the so-called Uniform Bar Exam, and 22 other jurisdictions are positioned to adopt the test in the next few years. But the test still has big hurdles to overcome.

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In Focus

The end may be near for reverse-payment settlements

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THE 2009 PLAINTIFFS' HOT LIST

The eighth annual Plaintiffs' Hot List is our unscientific survey of the litigation scene since the summer of 2008. We asked our readers to nominate exemplary firms that devote at least half of their resources to plaintiffs' work, and which have achieved at least one significant win during that period.

Stimulus law expands whistleblower protections

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The law applies to a broad range of employers and sets a low threshold for lawsuits.

Rocky economy pushes attorneys to set up shop

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Former Irell & Manella partners heed client demands for lower fees, greater attention at new firm.

Most Popular Stories

1. Merger-averse Hogan looks for global reach
2. Justices focus on attorney-client privilege
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3. Hypotheticals dominate animal cruelty argument
4. Former clients sue Mintz Levin, ex-partner
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5. THE 2009 PLAINTIFFS' HOT LIST
6. Companies say no to friending or tweeting at work
7. Uniform bar examination drawing closer to reality
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8. Don't play like Letterman, employment lawyers warn
9. Craig says he's staying on as Obama's lawyer
10. THE PLAINTIFFS' HOT LIST
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Featured Stories

Can SEC rules prevent the next meltdown?

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The U.S. Securities and Exchange Commission has proposed a wide array of compensation and governance rules in response to the recent U.S. financial market turmoil.

The juvenile damned

It is time the Supreme Court put an end to the shameful practice of sentencing children to life without parole.

Diversity on the federal bench

The Obama administration deserves credit for nominating large numbers and percentages of highly qualified, diverse candidates.

D&O moves to forefront in bankruptcy cases

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Trustees seeking coverage for acts of directors and officers may be blocked by insured exclusion.

• Malpractice Suit Against Buchanan Ingersoll Stayed

• Ogden: Stronger Asset Forfeiture Laws Needed Around the Globe

• On Judicial Elections and Judicial Recusal

• This Week in The National Law Journal

• The Morning Wrap

• Judicial Watch Still Suing Commerce Department

• Government Presses On in Assault Case Against Ye Gon Lawyer

• Milk Money: Dairy Farmers Sue Over Monopolization, Price Fixing

Also in the News

• Baker & Hostetler Gets Into Bar Fight Over Unpaid Legal Bills
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• E-Mails Seen as a Flash Point for Bear Stearns Fund Managers' Fraud Trial
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Law Firm Revenue Report

Find the most up-to-date financial reports for firms listed in the AmLaw 100.

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Posted on October 7, 2009 by Larry Bodine In a Coup, Goulston & Storrs Chosen to Advise GCs on Attorney-Client Privilege Www.LegalOnRamp.com has picked their third law firm -- Goulston & Storrs of Boston -- to provide its 14,000 in-house counsel memb

Posted on October 7, 2009 by Larry Bodine

In a Coup, Goulston & Storrs Chosen to Advise GCs on Attorney-Client Privilege

Www.LegalOnRamp.com has picked their third law firm -- Goulston & Storrs of Boston -- to provide its 14,000 in-house counsel members with articles and FAQs on attorney-client privilege and work product protection.

This is a coup for the 200-lawyer firm, because of the 400+ law firms participating in Legal OnRamp, the only other law firms that were chosen to provide content are megafirms -- Allen & Overy with 5,000 staff, including over 450 partners in 31 cities worldwide, and Latham & Watkins, which has 2,000 attorneys in 27 offices.

Goulston & Storrs attorneys will provide attorney-client privilege and work product protection information in the form of blogs, discussion forums, collaboration, and pertinent news and related key cases.

Started by general counsel, Legal OnRamp is a leading online social network for law, helping legal departments reduce costs and improve quality through collaboration.

 

CEO of Legal OnRamp, Paul Lippe, said, "Goulston & Storrs combines expertise together with a commitment to innovation that led it to focus on the inter-connected OnRamp platform as a way to engage in-house lawyers. Ethics issues are an ongoing area of interest for in-house lawyers, and PrivilegeRamp will be their first 'port of call' for information in this key area."

 

Bruce MacEwen, a well-known legal blogger, added 'We've long predicted that initiatives like Legal OnRamp and now Goulston's ethics-focused offering would have to be part of the practice of law sooner or later.  But with this announcement and others like it, it's increasingly clear that future expectation is turning into present reality."

 

Goulston's co-managing director, Marty Fantozzi, commented, "We are thrilled that Legal OnRamp invited us to participate in the FirmRamp program from its inception.  This opportunity recognizes the thought leadership our attorneys bring to in-house counsel. We look forward to providing valuable information through this medium and continuing to find ways to deliver superior value to clients."

 

Tags: Tech

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national law journal

TODAY'S NEWS Federal Circuit chief: Let us handle the fixes Hoping to stave off congressional action, Chief Judge Paul Michel of the U.S. Court of Appeals for the Federal Circuit is pressing lawyers to push for more cases that force the court to address fundamental patent questions. High court will take on Chicago gun case Just 15 months after declaring an individual right to bear arms under the Second Amendment, the U.S. Supreme Court is returning to the contentious issue, agreeing to answer a question it left unanswered last year: whether the right applies against state and local gun restrictions as well as federal. For Italian job, Mormons ask a D.C. insider for help The Mormon church has hired A. Elizabeth Jones, a former high-level State Department employee and ambassador to Kazakhstan who is now an executive vice president at APCO Worldwide, to lobby the U.S. embassy in Italy to support the church's application for legal status in Italy. SPONSOR SPOTLIGHT Challenge History Reports Help Lawyers Evaluate Expert Testimony TASA Challenge History Reports reveal past challenges to the admission of your expert's or the opposing expert's testimony, methodology, or qualifications based on federal and state gatekeeping standards. Includes reported & unreported decisions, case summaries, ALL SUPPORTING DOCUMENTS, for one low price of $45. We do the search and email notice to download report. Learn more at www.TASAnet.com. Too close quarters This July, Kyndra Rotunda filed a lawsuit against the Arlington, Va., school, where she alleges she was harassed by the clinic's executive director whose actions she says drove her into leaving after she turned down his sexual advances. Star turn for Hollywood newcomers A few players are catching their big break in entertainment law, but for most, there's still no business in show business. SPONSOR SPOTLIGHT Streamline. Eliminate. Accelerate. Do it all with Esquire. You're wondering how strong your case is. You're also wondering how to get to the verdict you want with less - less paper, fewer gigabytes, streamlined review, and less overall expense - without compromising the quality and defensibility of your evidence. It's your reality, and we not only get it, we make it happen with a powerful combination of proven expertise and advanced Early Case Assessment solutions. Visit www.esquiresolutions.com . NCAA records in FSU investigation are public records, appeals court rules Records of the National Collegiate Athletic Association's academic cheating investigation at Florida State University are public and must be released, a Florida appeals court has ruled. Center for Science in the Public Interest sues over One A Day multivitamin The Washington-based Center for Science in the Public Interest is suing the German drug giant Bayer for allegedly claiming falsely that selenium in its Men's One A Day multivitamin might reduce the risk of prostate cancer. Guilty plea from lawyer who lost client funds playing the stock market A Southern California lawyer who lost nearly all of a $2.5 million class action recovery by investing client trust funds in the stock market has pleaded guilty to criminal charges. obstruction of justice. Littler Mendelson follows tech industry to New Mexico Littler Mendelson has expanded into the Southwest by opening an office in Albuquerque, N.M. Jay Sumner, a shareholder in Washington and a member of the firm's labor relations practice group, has moved to Albuquerque to open the office, which will work closely with Littler's office in Phoenix. THIS WEEK'S ISSUE THE PRACTICE Beware of binding plea agreements Defendants who enter into binding plea agreements tend to focus on how they will benefit by receiving a sentence that binds the government and the court. However, a great deal today may not look as good tomorrow. OPINION The truth about 'honest services' Honest services fraud, a sweeping charge with ill-defined boundaries, is rapidly becoming the corruption statute of choice for federal prosecutors. This trend should make everyone — not just corrupt public officials — uneasy.		IN FOCUS These are the firms to watch We asked our readers to nominate firms in the United States that did exemplary, cutting-edge work on the plaintiffs' side between the summer of 2008 and the summer of 2009. Firms needed at least one significant win and an impressive track record within the previous three to five years. We also looked for wins that could effect significant social change or civil rights gains. Go to In Focus   LEGAL PAD LA CA Attorney General on Chris Kelly's mind Ninth Circuit tosses out attorney-client privilege in Broadcom case Parks Legal Defense Fund wins big in Huntington Beach senior center suit THE BLT | The Blog of the Legal Times Superior Court Judge Alprin Announces Exit Date Jones Day Partner Swinging to Top of Golf World A $16 Million Refund for Aviation Company in Takings Case LAW.COM NEWSWIRE Survey Shows Recession's Impact on Minority Associates Trial to Begin Over Alleged 'Unconscionable' $42 Million Contingency Fee Botox Maker's Suit Injects New Life Into Off-Label Marketing Debate Options for Managing Law School Student Loan Debt Judge Rebuffs Insurers' Bid to Rescind Milberg's Coverage If you have Twitter account, you can now follow NLJ Editor in Chief David L. Brown at twitter.com/davidlbrownjr. Follow him for links to key stories and updates from the NLJ newsroom. You can also track news on Twitter from the NLJ's Washington bureau at twitter.com/legal_times.
MOST POPULAR STORIES Supreme Court adds 12 cases to docket, including a Second Amendment sequel Pharmacy groups sue over Medicaid cuts in three states Sears agrees to multimillion-dollar settlement with EEOC over disabled workers Privilege didn't apply to ex-Broadcom executive, 9th Circuit rules Looking for ad space? See the Cook County clerk's Web site James Joyce estate agrees to pay plaintiff's fees in fair use dispute New report shows signs of life in law firm merger market These are the firms to watch 1st Circuit reverses ruling against plaintiffs in drug pricing litigation — and asks for explanation Advocates for 'braceros' wore opposition down

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REPRESENTS CORPORATE AMERICA

HO REPRESENTS CORPORATE AMERICA

September 14, 2009

Our annual survey of the law firms representing America's largest companies.

In-house counsel lean on firms more than ever
Familiar marquee firms appear in this year's survey, but their billing practices are finally changing.

Small and midsize firms find safety in numbers
Hard times bring opportunities, and the network of 170 small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs.

Small Mississippi firm makes big name for itself
Watkins & Eager's roots might be in a traditionally plaintiff-friendly jurisdiction, but the 73-attorney shop has made a big name for itself defending large companies beyond Mississippi's borders.

CHART
The 2009 list of firms representing the Fortune 100 (.pdf)

Most mentioned firms by category

Methodology
How information was compiled for the survey

Index of firms

Purchase the electronic version (updated monthly) of this year's Who Represents survey results from Incisive Legal Intelligence.

View last year's Who Represents survey

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Diplomado en RSE de la ONU
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'Nepal: Maternal Health Care Challenges'

'Nepal: Maternal Health Care Challenges'
by Bhumika Ghimire

Last week, two high profile visits brought maternal health care challenges in Nepal into media spotlight. Geri Halliwell, member of now defunct British pop group Spice Girls was in Nepal to draw attention to the country's dismal maternal health care system.

She did not limit her visit to the capital but went to the country side to learn more about the issue and called for better care for mothers and new born.

Well known Hollywood celebrity blogger Perez Hilton praised Halliwell's mission. His post also points to an alarming statistics of maternal mortality in Nepal.

"According to the UN, there is a one in 31 mortality rate for Nepalese women following child birth due to poor conditions, living in remote areas and the condition of uterine prolapse, which affects one in 10 mothers."

Geri Halliwell received a warm welcome from the people and the Nepalese government too. But her interaction with Prime Minister Madhav Kumar Nepal received some scrutiny from the tabloids. Indian television network Star TV tried to portray the customary greeting kiss between Mr. Nepal and Halliwell as "controversial".

Viewers though have a different view on the "controversy". Shulav83 at Star News YouTube Channel comments:

"Don't make mountain out of a molehill..doesn't india's media have something else to report about???"

The Duchess of York Sarah Ferguson's two day visit to Nepal did not create any such ripples. She was in the country with the White Ribbon Alliance to promote maternal health.

Sarah Sanyahumbi, head of British development organization DFID's Nepal division posted about the Duchess' Nepal visit in the organization's blog. Sanyahumbi says maternal health care in Nepal is not up to the mark but things are improving.

"...despite all the challenges in this country, there has been really good progress on this issue and the numbers of women dying in childbirth has fallen by nearly half.  But still, every four hours in Nepal a woman dies due to pregnancy and/or childbirth complications, and 6 in 100 children will not see their fifth birthdays.....".

High maternal mortality rates in Nepal mask another serious health risk to Nepalese women - Uterine Prolapse. It is a condition where the womb falls out of the vagina. In western Nepal about 600,000 women suffer from this painful condition. It happens when a woman returns to hard manual work too soon after childbirth.

Here is a video on this issue, uploaded by YouTube user snowheadcouk, with personal accounts from women who suffer from the condition.



Visits by Geri Halliwell and the Duchess of York certainly brought the issue of maternal health in Nepal into media spotlight but it will take more than high profile celebrity visits to bring relief to Nepalese mothers who suffer because of deep seated prejudice and lack of awareness.

You may view the latest post at
http://globalvoicesonline.org/2009/09/17/nepal-maternal-health-care-challenges/

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LOBBYING REGISTRATION

LOBBYING REGISTRATION Jul 14, 2009 ... A Lobbying Firm is required to file a separate registration for each client. Organizations employing in-house lobbyists should check the box ...

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lobby Office of the Clerk, United States House of Representativesselect platform:

Office of the Clerk, United States House of Representatives

select platform:

• LD-1/LD-2
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• LD-1/LD-2
  Macintosh
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Honest Leadership and Open Government Act 0f 2007

Lobbying Disclosure Act Guidance (updated June 9, 2009)

Lobbying Disclosure Act of 1995

• HTML
• PDF
• PS

Public Law 110-81 (PDF)

House Report 104-339, Part I (PDF)

Technical Amendments Act of 1998

Notices and Announcements

Frequently Asked Questions – Registration and Reporting (Windows)
Frequently Asked Questions – Registration and Reporting (Macintosh)
Frequently Asked Questions – Contribution Reporting

July 2009
Quarterly Report Filing Reminder

The Lobbying Disclosure Act of 1995, as amended by the Honest Leadership and Open Government Act of 2007, requires those who have registered to file quarterly activity reports with the Clerk of the U.S. House of Representatives and the Secretary of the U.S. Senate. The second quarter report is due Monday, July 20, 2009, covering April 1, 2009 through June 30, 2009.

House Legislative Resource Center 202-226-5200 lobbyinfo@mail.house.gov

Senate Office of Public Records 202-224-0758 lobby@sec.senate.gov

June 16, 2009
Clarification of Recent Notice and Revised Guidance Regarding Conditions for Lobbyist Termination

This notice is in response to several questions raised about the recently posted Notice and Guidance Revisions. Download the PDF.

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June 2009
LDA Guidance Revision

The Clerk of the House of Representatives and the Secretary of the Senate have revised the written guidance on LDA registration and reporting requirements. This revision contains changes to the following sections:

• Section 4: Lobbying Registration
• Section 6: Quarterly Reporting of Lobbying Activities
• Section 7: Semiannual Reporting of Certain Contributions
• Section 8: Termination of a Lobbyist/Termination of a Registrant

View the Revised Guidance

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June 5, 2009
Notice Regarding Conditions for Lobbyist Termination

This notice responds to questions about the impact of filing an amended LD-1 or LD-2 report on the duty to file an LD-203 report. Download the PDF.

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January 2009
LDA Guidance Revision

The Clerk of the House of Representatives and The Secretary of the Senate have revised the written guidance on LDA registration and reporting requirements. This revision contains changes to the following sections:

• Section 5 - Special Registration Circumstances;
• Section 6 – Quarterly Reporting of Lobbying Activity;
• Section 7 – Semiannual Reporting of Certain Contributions.

Revised Guidance

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November 2008

In light of the thousands of new filers and the significant new disclosures required by the Honest Leadership and Open Government Act, we are considering revising and providing additional guidance. Comments and suggestions should be directed to the Senate Office of Public Records and the House Legislative Resource Center in time for evaluation before the next reporting cycle.

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July 16, 2008

In order to accommodate the thousands of new filers who are required to participate in the LD203 disclosure process, we have amended our guidance to provide some clarification and assist new filers in the completion of the LD203 form.

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June 2008
LD-203 Contributions Reporting System

The Clerk of the U.S. House of Representatives and the Secretary of the U.S. Senate are pleased to announce the release of the LD-203 Contribution Reporting system, effective June 30, 2008.

The Honest Leadership and Open Government Act of 2007 requires lobbying registrants and individual lobbyists to file a semi-annual report of certain contributions, along with a certification that the filer understands the gift and travel rules of both the House and the Senate. These reports are due by July 30th (for the January through June reporting period) and by January 30th (for the July through December reporting period) or the next business day should either of those days fall on a weekend or holiday. Registrants, and each of their lobbyists, who were active for all or part of the semi-annual reporting period must file separate reports detailing certain FECA contributions, honorary contributions, presidential library contributions, and payments for event costs.

The Contribution Reporting system will provide access to a pre-populated contribution form for each filer. Access to this system is based on current LDA registrations and reports with the House and Senate. Each filer must sign into the system with a User ID and password. Based on the User ID, the filer will be able to update contact information, create a new filing for a reporting period, and file their form. All communications regarding filing and account status are automated and will be sent to the address on file for an account via email.

Registrants will use the same ID and password that are used to file other lobbying disclosure forms to sign into the system, and must verify the registered lobbyist name before an account can be created for each employee. When a lobbyist name has been verified by the employer, the lobbyist must create a unique password before access to the system is permitted.

Features of the new system and filing process include:

• Automated retrieval of lobbyist ID numbers and passwords;
• Pre-populated forms containing the appropriate ID numbers and names, as well as contact information, for each filer;
• Filings that can be saved on the system and retrieved to append before filing or to amend after filing;
• A streamlined process to file forms with the House and Senate with a single button to sign the form with your ID and password and submit it;
• An online help manual and demonstrations accessible from each screen;
• A system that works on Windows and Macintosh computers, requiring only a User ID and password to create and file forms.

To assist you, training is available on DVD (which will be mailed to each active registrant) and online from our Web sites. These tutorials will show you, step-by-step, how to use the new filing system. To provide ongoing support, a written User Manual, a Troubleshooting Guide and Frequently Asked Questions (FAQs) are also available from the Web site listed below.

To access the Contributions Reporting system:
https://ld.congress.gov:4433/LC/

For help with electronic filing and lobbyist accounts:	For help with registrant IDs and passwords:
House Legislative Resource Center B-106 Cannon House Office Bldg Washington, DC 20515 202-226-5200 lobbyinfo@mail.house.gov	Senate Office of Public Records 232 Hart Senate Office Bldg Washington, DC 20510 202-224-0758 lobby@sec.senate.gov

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March 2008
Lobbying Disclosure Forms Update

The Clerk of the House and The Secretary of the Senate are pleased to announce that the LD-2 quarterly reporting form was released on March 3, 2008. To assist filers that may need to file reports or amendments for previous semiannual reporting periods, a new Forms Archive section is now available on the Forms and Software page for Windows and Macintosh users.

This section contains the semiannual report form (LD-2) version 6.0.0 that must be signed using the Senate ID and password, and will be submitted to both the House and Senate at the same time.

Please note that you may continue to file previous versions of the semiannual reporting forms until March 15, 2008, but they must be filed with the House and Senate separately and are no longer available on the Lobbying Disclosure website.

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January 25, 2008
LDA Guideline Revision

The Clerk of the House and The Secretary of the Senate have revised the written guidance on Lobbying Disclosure registration and reporting requirements. This revision clarifies changes made to the Lobbying Disclosure Act of 1995 by Sections 208 and 215 of the Honest Leadership and Open Government Act regarding Additional Disclosure of Past Governmental Employment as a covered official.

Guideline Revision

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January 2008
LD-1 Registration Forms Now Available

The Clerk of the House and The Secretary of the Senate are pleased to announce that the LD-1 Registration form is now available for use after January 1, 2008. The LD-2 Quarterly reporting form will be released on March 3, 2008. The semiannual contribution form LD-203 will be available in the near future.

Electronic filing for both the House and Senate is mandatory, effective January 1, 2008. To successfully file your forms electronically, you need the following materials:

• The most current version of the LD-1 and LD-2 forms
• The correct House and Senate ID numbers
• A Senate password

Please note that you may continue to file previous versions of the semiannual reporting forms until March 15, 2008, but they must be filed with the House and Senate separately.

To verify the House ID numbers of active clients, please use the links below or call the Legislative Resource Center at 202-226-5200:

• Windows
• Macintosh

To verify the Senate ID numbers or to obtain a Senate Password, please use the appropriate link below or call the Senate Office of Public Records at 202-224-0758:

• Senate ID numbers
• Online Password Request Form

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December 2007
Single Filing Location for House and Senate Filings

The Clerk of the U.S. House of Representatives and the Secretary of the Senate are pleased to advise you of the following new lobby report filing procedures resulting from the passage of the Honest Leadership and Open Government Act of 2007 (Public Law 110-81), which amends the Lobbying Disclosure Act of 1995. The Secretary and the Clerk have combined their filing processes so that you may file your forms at a single location that does not require an ACES digital signature.

As of December 10, 2007, new registration and reporting forms will be available that enable simultaneous filing with the Clerk and the Secretary using a Senate password. These forms, version 5.0.1, may be used for the 2007 Year End filing period and are available on the Windows and Macintosh Forms and Software page.

Previously issued registration and reporting forms that use the digital signature will be accepted by the Secretary and the Clerk until March 15, 2008. After this date, you must use the new version 5.0.1 forms that file electronically at a single location with the Senate password.

We invite you to join the Lobbying Disclosure subscribers list, so that you are notified via email of future filing deadlines and pertinent information regarding Lobbying Disclosure Filing Procedures.

For further information, please contact the Legislative Resource Center at 202-226-5200 or the Senate Office of Public Records at 202-224-0758. For a detailed list of what's new for the next filing period, please click on the appropriate link below:

• What's New — Windows
• What's New — Macintosh

FUENTE :
CONSULTEN, OPINEN , ESCRIBAN LIBREMENTE
Saludos
Rodrigo González Fernández
Diplomado en RSE de la ONU
Diplomado en Gestión del Conocimiento ONU
www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com
www.calentamientoglobalchile.blogspot.com
Oficina: Renato Sánchez 3586 of. 10
Teléfono: Celular: 93934521
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – BIOCOMBUSTIBLES  -LIDERAZGO   y asesorías a nivel internacional y están disponibles  para OTEC Y OTIC en Chile

The Card Game

The Card Game

Overspending on Debit Cards Is a Boon for Banks

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By RON LIEBER and ANDREW MARTIN

Published: September 8, 2009

When Peter Means returned to graduate school after a career as a civil servant, he turned to a debit card to help him spend his money more carefully.

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Laura Pedrick for The New York Times

Ryan Pena has filed a lawsuit against Wachovia Bank. The suit charges that the bank reorders debit card transactions in order to maximize the overdraft fees they can charge.

The Debit Card: Trap or Sound Choice?

Should there be tighter regulation of debit cards and overdraft fees?

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Multimedia

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Winning the Card Game: Debit Cards

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Shuffling Debit Transcactions and Maximizing Fees

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Preventing Fees From Piling Up (September 9, 2009)

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Matthew Staver for The New York Times

Peter Means's bank charged him seven $34 fees to cover seven purchases when there was not enough cash in his account, notifying him only afterward.

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So he was stunned when his bank charged him seven $34 fees to cover seven purchases when there was not enough cash in his account, notifying him only afterward. He paid $4.14 for a coffee at Starbucks — and a $34 fee. He got the $6.50 student discount at the movie theater — but no discount on the $34 fee. He paid $6.76 at Lowe's for screws — and yet another $34 fee. All told, he owed $238 in extra charges for just a day's worth of activity.

Mr. Means, who is 59 and lives in Colorado, figured employees at his bank, Wells Fargo, would show some mercy since each purchase was less than $12. In addition, a deposit from a few days earlier would have covered everything had it not taken days to clear. But they would not budge.

Banks and credit unions have long pitched debit cards as a convenient and prudent way to buy. But a growing number are now allowing consumers to exceed their balances — for a price.

Banks market it as overdraft protection, and the fees it generates have become an important source of income for the banking industry at a time of big losses in other operations. This year alone, banks are expected to bring in $27 billion by covering overdrafts on checking accounts, typically on debit card purchases or checks that exceed a customer's balance.

In fact, banks now make more covering overdrafts than they do on penalty fees from credit cards.

But because consumers use debit cards far more often than credit cards, a cascade of fees can be set off quickly, often for people who are least able to afford it. Some banks further increase their revenue by manipulating the order of a customer's transactions in a way that causes more of them to incur overdraft fees.

"Banks will let you overspend on your debit card in a way that is much, much more expensive than almost any credit card," said Eric Halperin, director of the Washington office of the Center for Responsible Lending.

Debit has essentially changed into a stealth form of credit, according to critics like him, and three quarters of the nation's largest banks, except for a few like Citigroup and INGDirect, automatically cover debit and A.T.M. overdrafts.

Although regulators have warned of abuses since at least 2001, they have done little to curb the explosive growth of overdraft fees. But as a consumer outcry grows, the practice is under attack, and regulators plan to introduce new protections before year's end. The proposals do not seek to ban overdraft fees altogether. Rather, regulators and lawmakers say they hope to curb abuses and make the fees more fair.

The Federal Reserve is considering requiring banks to get permission from consumers before enrolling them in overdraft programs, so that consumers like Mr. Means are not caught unaware at the cash register.

Representative Carolyn Maloney, Democrat of New York, would go even further by requiring warnings when a debit card purchase will overdraw an account and by barring banks from running the most expensive purchases through accounts first.

The proposals carry considerable momentum given the popularity of credit card legislation signed into law in May. They also have a certain inevitable logic, since the credit card legislation requires a similar "opt in" decision from consumers who want to spend more than their credit limits and pay the corresponding over-the-limit fees. Overdrafts are simply the reverse, where the limit is zero, and the bank charges a fee for going under it.

But with so much at stake, the banking industry is intent on holding its ground.

Bankers say they are merely charging a fee for a convenience that protects consumers from embarrassment, like having a debit card rejected on a dinner date. Ultimately, they add, consumers have responsibility for their own finances.

"Everyone should know how much they have in their account and manage their funds well to avoid those fees," said Scott Talbott, chief lobbyist at the Financial Services Roundtable, an advocacy group for large financial institutions.

Some experts warn that a sharp reduction in overdraft fees could put weakened financial institutions out of business.

Michael Moebs, an economist who advises banks and credit unions, said Ms. Maloney's legislation would effectively kill overdraft services, causing an estimated 1,000 banks and 2,000 credit unions to fold within two years. That is because 45 percent of the nation's banks and credit unions collect more from overdraft services than they make in profits, he said.

"Will they be able to replace it with another fee?" Mr. Moebs said. "Not immediately and not soon enough."

They will certainly try. For instance, some banks have said they might slap a monthly fee of between $10 to $20 on every free checking account. At the moment, people who pay overdraft fees help subsidize the free accounts of those who do not.

FUENTE :
CONSULTEN, OPINEN , ESCRIBAN LIBREMENTE
Saludos
Rodrigo González Fernández
Diplomado en RSE de la ONU
Diplomado en Gestión del Conocimiento ONU
www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com
www.calentamientoglobalchile.blogspot.com
Oficina: Renato Sánchez 3586 of. 10
Teléfono: Celular: 93934521
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – BIOCOMBUSTIBLES  -LIDERAZGO   y asesorías a nivel internacional y están disponibles  para OTEC Y OTIC en Chile