April 16, 2012 nº 1,166 - Vol. 10


"Intelligent or not, we all make mistakes and perhaps the intelligent mistakes are the worst, because so much careful thought has gone into them"

Peter Ustinov

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  • Top News

Law firms look for alternatives to the billable hour

A transformation is underway in the polished hallways and corner offices of Washington's venerable legal industry. Law firms, like many businesses trying to regain their footing after the recession, are rewriting one of the most basic components of the business model they've clung to for decades — the way they charge companies for legal services. The shift is a reaction to the significant increases in billing rates over the last 10 years, and businesses have begun a concerted effort to "insource" more legal work several years ago. Firms are moving away from traditional hourly billing to what's known as alternative fee arrangements largely because their biggest clients — corporations — have been pulling back. Businesses are relying less on law firms and assigning more work to their own company lawyers, according to a recent study of nearly 6,000 in-house attorneys in the United States and abroad by the Washington-based Association of Corporate Counsel. While top law firms will always have a place at the table for bread-and-butter specialties like litigation and acquisitions expertise, the survey indicates that firms' stronghold is eroding even in those key areas. The percentage of in-house lawyers who used outside law firms for work on taxes, mergers and acquisitions, intellectual property and litigation are all down compared with five years ago. Alternative fees include any billing arrangements that are not hourly, such as flat fees, contingency fees and what are known as "collars," where lawyers and clients agree on a flat amount, and lawyers will offer a discount on the difference if they exceed the agreed-upon number. Law firms, for their part, seem to be getting the message. In a recent survey of the 200 biggest firms in the United States by the legal trade journal the American Lawyer, 92 percent of firm leaders said they used flat fees for at least one entire matter in 2011, and 82 percent used collars.

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  • MiMIC Journal

Anti-graft talk republished

An article published in the People's Daily and other papers, entitled "Let the power be exercised under sunshine", is publishing an "important" speech by Wen on anti-corruption. Corruption is "the most crucial threat to the ruling party", said Wen, and the principle of "fighting corruption and building clean government" should be fully embodied when drafting legislation and regulations, social and economic policies as well as other important measures of reform.

China loosens currency controls

China loosens its currency controls in a move that may spur gains in the value of the yuan.

Artist Ai Weiwei sues the tax man

Dissident Chinese artist Ai Weiwei said he filed suit against local Beijing tax authorities for limiting his access to his financial records as they pursue their $2.4 million claim against him.

China says it may reduce role of foreign firms in surveillance

The Chinese government cited security concerns in announcing changes in its fast-growing surveillance industry. Foreign firms currently hold 80 percent of China's multibillion-dollar surveillance market.

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  • Brief News

Facebook advertisers lose bid for class status

Facebook Inc, which runs the world's largest social networking website, won a court ruling on Friday rejecting a bid by thousands of advertisers to sue the company as a group for overcharging them. US District Judge Phyllis Hamilton in Oakland, California, denied the advertisers' request for class-action status, saying they failed to show they had enough in common to sue for breach of contract and violating California's unfair competition law. "The court is persuaded by Facebook's argument that plaintiffs have not shown that they have a viable method for proving each class member's recovery," Hamilton wrote. "The need to determine both liability and damages on an individualized basis makes this case inappropriate for class treatment."

Brazil shifts court for Chevron spill cases

A Brazilian judge moved two $11 billion civil cases against Chevron and drilling-rig operator Transocean related to an offshore drilling accident and spills to a different court in Rio de Janeiro, a decision that removes a crusading prosecutor from the cases. The momentum is shifting in the legal battle stemming from a rupture in November at a well that Transocean was drilling in the Frade field, which Chevron operates.

Colombian out of World Bank race

Colombia's Jose Antonio Ocampo pulls out of the race to be the next World Bank president, calling the selection process a "political exercise". "It is clear that this is not based on the merits of the candidates but is a political exercise," he said. His withdrawal leaves just two candidates - Nigeria's Ngozi Okonjo-Iweala and Korean-American Jim Yong Kim, who is the favorite for the job.

No Americas consensus over Cuba

A meeting of the heads of state and government of the Western Hemisphere has ended without a joint declaration. The leaders failed to reach agreement on whether Cuba should attend the next gathering. The US and Canada opposed demands by the Latin American nations to invite Cuba to the next Summit of the Americas to be held in Panama in 2015. Cuba was excluded from participation in the Organization of American States, which runs the summits, 50 years ago. Obama said that, unlike the other participants, Cuba "has not yet moved to democracy, has not yet observed basic human rights." He looks forward to the time when Cuba fully participates in this global economy and international institutions.

Italy probes diversion of EU aid

Tax police in Italy have said European Union funds to develop the tourist sector were instead spent on restoring villas and lavish weddings. The investigation is focusing on crimes including aggravated fraud to obtain public funds, embezzlement of EU funds, and using false documents. In recent years the Italian authorities have made progress in combating the country's notorious organised gangs, which still wield immense power, especially in the south.

Marriage laws test Islamist government in Morocco

Women's groups, human rights organizations, progressive politicians and millions of Western-oriented citizens in Morocco demand modernization of an Islamist law that protects an alleged rapist if he marries his victim, following the suicide of a teenage girl. Amina el-Filali drank rat poison after being forced to marry the man who allegedly raped her at age 15. In Morocco, as in many Middle East societies, a rapist can escape prosecution if he marries his victim, thereby restoring the honor of his victim and her family. The legal system in Morocco supports this tradition, but activists are pressing for change.

Canada high court rules emergency wiretap provision unconstitutional

The Supreme Court of Canada ruled Friday that an emergency wiretap provision allowing warrantless interceptions is unconstitutional. The specific section authorizes a peace officer to intercept private communication when there is reasonable ground for urgency and necessity to prevent serious harm. The case involved a warrantless interception of private communication by the police when a daughter received calls from her father telling her that he was held for ransom. The court addressed the issue of whether the provision was in violation of Section 8 of the Canadian Charter of Rights and Freedoms protecting individuals from unreasonable search or seizure. The court came to the conclusion that although the provision ensure strict application only in extreme circumstances, its was overbroad in who could invoke the provision and it failed to include any accountability measures.

EU threatens bank bonus clampdown

Europe's Internal Markets Commissioner, Michel Barnier, has said that "tougher action" is needed to curb bank bonuses. He said that he was "seriously worried" by the proportion of pay awarded as bonuses in some countries, and said it encouraged excessive risk-taking. It follows a report from the European Banking Authority that said existing bonus rules were not being implemented consistently by different EU countries. The commissioner also criticised the tendency of some banks to apply existing bonus restrictions only to a small proportion of staff - another inconsistency between EU member states highlighted in the EBA report.

US to make profit from bailouts

The US will make a profit from bailing out the nation's banks and carmakers at the height of the financial crisis, the Treasury Department has said. The bank bailouts may result in a return of $2bn, the Treasury said in its latest projections for the government's response to the crisis. And the recovering auto industry has added 230,000 jobs as a result. The recession was the worst since the Great Depression and $19.2tn of wealth was wiped out, it said. "Although the economy is getting stronger, we have a long way to go to fully repair the damage the crisis has left behind," the Treasury said.

Hoping for payout, investors become landlords

With the huge supply of foreclosed homes, the rental housing market is becoming increasingly dominated by investment companies — not the mom-and-pop operations down the street that used to fill that role. Some experts worry about what kind of landlords the companies will make.

California court: Workers can choose not to take breaks

Businesses should not be obliged to enforce lunch breaks for employees, the Supreme Court of California has said. The judges ruled unanimously on a case in which workers argued that workplace abuses were common and employers were required to allow meal breaks. Workers filed the lawsuit nine years ago against the owner of restaurant chain Chili's, saying that missing breaks violated California law. The court said it was unenforceable and should be left to workers. While businesses do have an obligation to give their employees half an hour off for meals, workers have the choice to spend that time as they wish - and that includes continuing to work, the court ruled. The court did not, however, dismiss claims of meal break violations and said those charges should be re-argued in regular courts.

Fight emerges over fate of Megaupload US servers

Megaupload's lawyers want to mine the 1,103 servers to try to find material that could exonerate their clients. It has offered to buy the servers from the hosting company, but US prosecutors and others have objected because of concerns over ensuring that the copyrighted movies, television shows and music are not downloaded again. Lawyers for Megaupload and its executives have said that they want the 1,103 servers preserved and want to mine them to try to find material that could exonerate their clients, who are also fighting extradition from New Zealand and the Netherlands. Prosecutors do not want to take the servers because they have already copied the evidence they say they need for the criminal case against Megaupload and its executives.

Obama: 'Drug legalization not the answer to drug war'

Obama has said that legalizing drugs is not the answer to the problems caused by the trafficking of illegal narcotics in the Americas. He said that legalization could worsen the problem but he was open to a debate about the issue. He said that he answer to the increasing power of drug cartels in the hemisphere was to encourage societies with strong economics, rule of law, and a sound law enforcement infrastructure. “In fact if you think about how it would end up operating, the capacity of a large-scale drug trade to dominate certain countries, if they were allowed to operate legally without any constraint could be just as corrupting, if not more corrupting than the status quo," he said. The US president was responding to demands by regional leaders for a new drug war strategy.

Dutch bankers must take oath to put client first

Dutch bankers and insurers will have to pledge an oath to put their clients' interests first in a government bid to improve confidence in the financial sector. "With these measures, we're taking an important step in the right direction to restore the moral authority of the sector," Dutch Finance Minister Jan Kees de Jager wrote. in a letter to parliament. The oath, which will be enforced by regulator AFM, is part of new financial regulations scheduled to take effect on Jan. 1, 2013. The Dutch spent about 30 billion euros ($39 billion) on the 2008 bailout of Fortis's Dutch units, including its stake in ABN Amro Holding NV. Separate aid for ING Groep NV, SNS Reaal NV, Aegon NV and the collapse of DSB Bank NV and Landsbanki Islands hf's Dutch Icesave unit drove up costs for the state and the banking sector, respectively. A parliamentary committee on April 11 concluded that the previous Dutch government made "large errors" in its bailouts of Fortis, ABN Amro and ING, pushing up risks and costs for taxpayers. The committee in 2010 said the central bank's supervision of DSB and Icesave had been insufficient.

American-Muslims sue federal agencies over improper religious questioning

The Michigan chapter of the CAIR - Council on American-Islamic Relations announced Friday the filing of a lawsuit against three US agencies over the repeated detention and questioning of Muslims about their religious beliefs and practices by federal agents at the US-Canada border. CAIR-MI filed the lawsuit in the US District Court for the Eastern District of Michigan on behalf of four Detroit-area Muslim-Americans, naming US CBP - Customs and Border Protection, the TSA - Transportation Security Administration and the FBI - Federal Bureau of Investigation and two of its agents as defendants. The four plaintiffs, all American citizens traveling under full US passports, reported that CBP and FBI agents detained and handcuffed them without evidence of wrongdoing and questioned them about their religious beliefs and worship habits.

  • Weekly Magazine Review

Time
The world's most exclusive club. Inside The Presidents Club.The backroom deals, rescue missions, rivalries and alliances between US leaders.

Newsweek
The fantasy life of working women. How spanking got hot.

Business Week
The how-to issue. Guest contributors share their expertise with uncommon honesty and exuberance.

The Economist
The handball campaign. America's presidential election. Game on.

Der Spiegel
Mobbing. Der Feind in meinem Büro.

L'Espresso
Indovina chi paga.

  • Daily Press Review

Breivik stands trial over Norway killings
Al Jazeera, Doha, Qatar

Explosions, gunfire shake Afghan capital
Asharq Al-Awsat, Pan-Arab daily, London, England

S.Sudan says Heglig oilfield reduced to rubble
Egyptian Gazette, English-language, Cairo, Egypt

UN cease-fire monitors arrive in Syria, as heavy clashes erupt on Turkey border
Haaretz, Liberal daily, Tel Aviv, Israel

Abbas: Israel striving for West Bank status quo
JPost, Conservative, Jerusalem, Israel

Drought may last until Christmas
BBC News, Centrist newscaster, London, England

Norway mass murder suspect Breivik on trial
CNN International, London, England

Military task force exercise begins
Daily Express, Conservative tabloid, London, England

Taliban attacks British embassy in Kabul: Is this the start of an 'insurgent spring'?
Daily Mail, Conservative daily, London, England

Olivier Awards 2012: Kara Tointon is looking Strictly skinny as she opts for a flapper-style dress
Daily Mail, Conservative daily, London, England

Afghan forces end Taliban's Kabul assault
EuroNews, International news, Ecully Cedex, France

NORWAY: Confessed Norway shooter Breivik goes on trial in Oslo
France 24, Issy-les-Moulineaux, France

Iran is not doing Turkey a favor
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Shelling continues as UN monitors arrive in Syria
Independent The, London, England

Finance Ministry calls for lower alcohol and cigarette taxes
Moscow News The, Independent, Moscow, Russia

Wealthy woman with connections with a foreign head of state wins ban on allegations of her sex life being made public
Telegraph The, Conservative daily, London, England

Liz Hurley and Shane Warne reveal wedding plans and pet names
Telegraph The, Celebrity news, London, England

Songkran 5-day death toll 253
Bangkok Post, Independent, Bangkok, Thailand

East Timor holds run-off vote for new president
China Post, English-language daily, Taipei, Taiwan

Kim Jong-un Has Nothing New to Say
Chosun Ilbo, Conservative daily, Seoul, South Korea

UN council set to condemn N Korean rocket launch
Hindustan Times, New Delhi, India

Techie's kidney saves businessman's life
India Times, Conservative daily, New Delhi, India

Supreme Court is destroying U.S. democracy
Japan Times, Independent centrist, Tokyo, Japan

Norway killer's trial starts with closed-fist salute
New Zealand Herald, Conservative daily, Auckland, New Zealand

Budapest starts memorial walk to commemorate Holocaust victims
People's Daily Online, English-language, Beijing, China

Ticket to Titanic maiden voyage sold at US auction
Straits Times, Pro-government, Singapore

Breivik's far-right salute
Sydney Morning Herald, Centrist daily, Sydney, Australia

Asia stock markets sink as global economics worries
Taiwan News, English-language daily, Taipei, Taiwan

Vedanta says full-year iron ore production drops
The Economic Times, Business, Mumbai, India

Trial of Norwegian confessed mass murderer opens
Canadian Broadcasting Centre, Toronto, Ontario

Shelling in Syria as UN monitors begin mission
Globe and Mail The, Centrist daily, Toronto, Canada

Reserve Bank Of India To Announce Credit Policy Tuesday; CRR And Repo Rate Likely To Be Cut
International Business Times, Business news organization, New York, U.S

Last Summit of the Americas Without Cuba
IPS Latin America, International cooperative of journalists, Rome, Italy

Wall Street Wk Ahead: Stocks to track earnings with eye on Europe
Reuters, Business News, New York, U.S

Exclusive - Briton killed after threat to expose Chinese leader's wife - sources
Reuters, World News, New York, U.S

Toronto police officer stabbed in North York
Toronto Star, Toronto, Ontario

Malian gunmen abduct Swiss woman
BBC News, Centrist newscaster, London, England

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