May 6, 2015 nº 1,622 - Vol. 13
 

"Read, every day, something no one else is reading. Think, everyday, something no one else is thinking. Do, every day, something no one else would be silly enough to do. It is bad for the mind to continually be part of unanimity."

 Christopher Morley

Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

_____________

Get Migalhas International on your mobile

You can now read the newsletter on your mobile device, through the migalhas.com/mobile website. The content of the main sections is the same as that found on the newsletter, but optimized for small-screen displays on mobile devices. Migalhas International Mobile, advancing legal news.

  • Top News

New York goes national and alters its bar exam

New York State, beginning next year, is relinquishing the state component of the bar exam. Rather than taking an exam divided between the national multistate test and one limited to New York law, the state will eliminate the New York portion and replace it with the Uniform Bar Exam, a test already adopted by 15 states. The new exam will allow lawyers to become licensed more easily in several states. The move comes from recognition among the judiciary, academics and those practicing at firms and in nonprofits that change was needed to keep pace with the evolution of the legal industry. The national test is not only desirable but necessary for the mobile, interconnected society in which we live. It is common for lawyers to switch jobs multiple times throughout their careers and relocate to different states. The UBE makes it easier to become licensed and employed in a new jurisdiction." The changes in the exam -- which even in its new incarnation will still be given over two days -- will be introduced in July 2016. Lawyers also will still need to take what the Advisory Committee on the Uniform Bar Examination recommended: two state-specific online licensing components including a 50-question multiple-choice exam and a separate "New York Law Course."

EU lawmakers reach deal to advance carbon reform to 2019

European Union negotiators reached an agreement Tuesday to bring forward to 2019 a reform to help curb a surplus of permits in the world's biggest emission market. Representatives of EU governments, the European Parliament and the European Commission decided to start a stability reserve in the EU emissions trading system two years earlier than originally proposed, according to Latvia, which holds the EU rotating presidency. The planned reserve would automatically absorb allowances in the EU cap-and-trade program if the surplus exceeds a fixed limit, and release them to the market in the event of a shortage. That would ease an excess of permits that led to a 65 percent drop in the price of emissions since 2008. The glut of allowances is above 2 billion, according to EU estimates. Under the deal, the amount corresponding to 12 percent of allowances in circulation would be deducted from auctions and placed in the reserve for 12 months starting each September until the accumulated surplus falls below 833 million, according to two people with knowledge of the matter. In the first year, 8 percent of allowances will be put into the reserve between January and September, said the people, who asked not to be identified, because the meeting was private.

Visit our new 'Magic Eye' page and boost your career

Migalhas International brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". So, before you open the door to the boardroom, click here and peek through the keyhole!

  • Crumbs

1 - Carly Fiorina Announces 2016 Presidential Bid, Citing Years Leading Hewlett-Packard - click here.

_____________

100% Migalhas: www.migalhas.com

_____________

  • MiMIC Journal

The trouble with China's anti-corruption campaign

A ruling in Shanghai banning the husbands, wives and children of top officials from running businesses is meant, of course, to allay the deep public concern about official abuse of power. But, as has so often been the case throughout China's much-vaunted anti-corruption campaign, the tougher the rhetoric grows the wider the ridicule becomes. "What about cousins, mistresses, aunties and brothers and sisters?!" writes one social media user on the microblog platform Weibo.

People's Republic Of Uber: making friends, chauffeuring people in china

Uber is becoming more popular in China, but many drivers say they don't do it for the money. They say they like the human connection and the freedom.

Chinese firms shielded by 'legal firewall'

Chinese companies using US capital markets are operating "behind a firewall" that keeps them beyond the reach of US courts when they get sued by American firms and investors, according to a new federal report. The report calls on Congress to establish that Chinese companies fall under the jurisdiction of US courts and require that Chinese firms assign agents to accept subpoenas and other US court documents. For now, anyone suing a Chinese company can find it "almost impossible" to deliver court papers to the defendants in the United States, according to the report. That forces plaintiffs into a cumbersome international process for delivering legal documents and pursuing evidence in China. The paperwork must be translated into Chinese, then presented to China's government, which often rejects the cases for alleged errors.

_____________

Tell your friends and colleagues you’ve read it in Migalhas International

_____________

  • Historia Verdadeira

Multa

El regulador ambiental chileno multó a la mina de cobre Los Bronces de Anglo American por incumplimientos por el equivalente a unos US$6,3 millones y ordenó la clausura de un depósito de material estéril.

(Presione aquí)

Recortes

La canadiense Canacol reducirá a US$ 84 mlls. su inversión en Colombia y Ecuador en el 2015, como consecuencia de la caída de los precios del petróleo, pero espera obtener una producción neta promedio de entre 10,000 y 12,000 barriles de crudo equivalente por día. (Presione aquí)

Nacionalidad

El economista Pedro Pablo Kuczynski, que anunció su candidatura a la presidencia para el 2016, informó que ya inició los trámites legales de renuncia a su nacionalidad estadounidense. (Presione aquí)

Quiebra

Los pedidos de quiebra de empresas brasileñas presentaron en abril un aumento de 24% en comparación con el mismo mes del año pasado, según informe de la consultora Serasa Experian. En todo el país fueron registrados el mes pasado 161 pedidos de quiebra, el mayor número de 2015 y el peor resultado para el mes en los últimos tres años. Con relación a marzo, los pedidos de abril representan un aumento de 15%. De acuerdo con los analistas, el bajo dinamismo de la economía, el aumento continuo del costo financiero de las empresas, el alza del dólar y el aumento de los costos con energía eléctrica y combustibles perjudican la salud financiera de las empresas.

  • Brief News

US offers rewards on 'four IS leaders'

The US government is offering rewards totaling $20m for information on what it says are four leaders of the Islamic State (IS) militant group. They join a list of suspects sought under the Rewards for Justice Program.

EU delays decisions on tax probes

European Union regulators delayed decisions on whether four multinational companies, including Apple Inc. and Amazon.com Inc., may have benefited from illegal tax breaks, citing difficulty obtaining information to make their cases. In a hearing at the European Parliament, EU antitrust chief Margrethe Vestager on Tuesday told lawmakers that her agency "won't meet the deadline we set ourselves of the end of the second quarter." She declined to give a new deadline.

Supreme Court rules denial of proposed bankruptcy repayment plan not final action

The US Supreme Court ruled Monday in Bullard v. Blue Hills Bank that a bankruptcy court's order denying confirmation of a debtor's proposed repayment plan is not a final order that the debtor can immediately appeal. Chief Justice Roberts wrote the opinion for a unanimous court. In the opinion, the court stressed the unique characteristics of bankruptcy proceedings, in comparison to ordinary civil litigation and grappled with the appropriate limits of an immediately appealable proceeding in the context of Chapter 13 bankruptcy plans. The petitioner, Bullard, asked the court to view each proposed repayment plan submitted to the bankruptcy court as a unique proceeding. Whereas, the respondent viewed each proposed plan as a part of the larger proceeding that is subject to a final action only when a plan is confirmed, or alternatively, if the debtor fails to offer any confirmable plan resulting in the dismissal of the case.

McDonald's faces potential €1bn EU tax avoidance probe

US fast-food giant McDonald's could be facing a European Commission (EU) investigation into its tax affairs. EU competition commissioner Margrethe Vestager said she is looking into trade union allegations that the restaurant chain avoided paying more than €1bn ($1.1bn) in corporate taxes between 2009 and 2013. Unions claim McDonald's diverted nearly €4bn of revenues into a Luxembourg subsidiary staffed by 13 people. The coalition of European and US unions claims that the company reduced its tax burden by moving its British headquarters to Switzerland and then channeling money into a Luxembourg-based subsidiary that also had a Swiss branch. The unions said the Luxembourg offshoot had revenues of €3.7bn over the five-year period but reported paying €16m in taxes. McDonald's maintains that it has complied fully with EU tax law.

US approves ferry service between Cuba and Florida

Ferries could be set to run between Florida and Cuba for the first time in more than 50 years after the US government approved new services. Services between the two countries stopped when the US imposed a trade embargo on Cuba in 1960. But Washington announced the restoration of diplomatic ties in December last year. The US government has now lifted the ban and a number of ferry companies say they have been given licenses. Despite the new flights and ferry services, a travel ban on Cuba is still in place for American citizens. Only those who have the right paperwork in 12 different categories are permitted to visit the island.

Austria and Germany in ‘spying’ row

Austria has filed a legal complaint against "an unnamed party" after media reports suggested Germany helped the US to spy on European targets. European firms and French politicians were among those monitored. But Austria warned it was "not far-fetched to suspect that Austria was also spied on." "Austria demands clarification." Germany's national intelligence agency, the BND, allegedly was working on behalf of the US National Security Agency.

French parliament approves new surveillance rules

The French parliament has approved a controversial law strengthening the intelligence services, with the aim of preventing Islamist attacks. The law on intelligence-gathering was adopted by 438 votes to 86. The Socialist government says the law is needed to take account of changes in communications technology. But critics say it is a dangerous extension of mass surveillance. They argue that it gives too much power to the state and threatens the independence of the digital economy.

(Click here)

Federal appeals court rules police can obtain cell tower records without search warrant

The US Court of Appeals for the Eleventh Circuit ruled Tuesday that police may obtain historical cell phone tower location information from third-party businesses without a search warrant. The opinion, written by Circuit Judge Frank Hull, said there is a diminished expectation of privacy in certain records turned over to third parties, including cell tower locations, because a reasonable caller knows that his cell phone will send signals to nearby towers and voluntarily conveys this information to third parties. The court deemed this to be a voluntary action because phones do not transmit cell tower signals continuously but do so only when the user decides to make a call. Obtaining the company's records did not violate his rights against a warrantless search because the defendant never owned or controlled the information. The court also found that disclosure of cell tower records serves a compelling government interest in apprehending criminals.

California imposes mandatory restrictions to ease record drought

California regulators approved rules that for the first time require mandatory water reductions across the state as a historic drought gripping the region enters its fourth year and conservation efforts fall short of targets. The state's 411 urban water suppliers must cut use by 8 percent to 36 percent, with some of the deepest decreases imposed on wealthy communities that haven't reduced their consumption enough. Those cities that have already cut back the most would face smaller restrictions. Water suppliers that don't conserve enough would face a daily penalty of as much as $500, with the fine increasing to as much as $10,000 if the agency issues a cease-and-desist order.

Greece pushes for urgent Europe bailout deal

Greek ministers have launched a concerted effort to persuade European officials to release more bailout money as the government runs out of cash. The EU and IMF will not release €7.2bn (£5.3bn; $8bn) until they are satisfied with Greek plans for economic reform. The EU has now slashed its 2015 growth forecast for Greece from 2.5% to 0.5%. The Greek government is desperate to reach a deal with its international creditors before a scheduled €1bn debt interest repayment to the IMF on 12 May, but the two sides have yet to agree on labor reforms and pensions.

In Puerto Rico's debt crisis, there are no easy solutions

After years of recession and rampant tax evasion, the US territory is desperate to renegotiate its $73 billion debt. But it can't declare bankruptcy, and plans to raise taxes face strong resistance.

A novel Dutch lawsuit demands government cut carbon emissions

An environmental group is behind the class-action suit that says the government is not doing enough to protect citizens. A ruling in the closely watched case is expected next month.

Italy parliament approves new electoral overhaul

The Italian Parliament on Monday approved a controversial electoral overhaul designed to bring increased political stability to the country. The law provides new electoral rules that will provide a majority of electoral seats to a clear winner of an election. The winning party will be defined as one that receives at least 40 percent of the electoral vote, and 340 of the 630 seats in the lower house of parliament will be reserved for that party.

(Click here)
  • Daily Press Review

Morale in Kathmandu as decimated as the buildings
Al Jazeera, Doha, Qatar

Leaders in last-ditch bid for votes
BBC News, Centrist newscaster, London, England

Daughter looks for mom missing since Nepal quake
CNN International, London, England

Rosie Huntington-Whiteley dashes to Los Angeles hours after Met Gala
Daily Mail, Conservative daily, London, England

The secret to preventing and slowing down Alzheimer's? Green tea and jogging
Daily Mail, Conservative daily, London, England

Mike Huckabee to seek Republican presidential nomination
EuroNews, International news, Ecully Cedex, France

US approves first ferry service to Cuba in decades
France 24, Issy-les-Moulineaux, France

Be?ikta? defends league lead with two goals against Trabzon
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

New Zealanders given chance to design new national flag
Independent The, London, England

Major Ukrainian TV provider drops Russian channels
Moscow News The, Independent, Moscow, Russia

Hillary Clinton backs path to US citizenship for 11 million illegal immigrants
Telegraph The, Conservative daily, London, England

Royal Ballet's leading lady returns at 52
Telegraph The, Celebrity news, London, England

Ten Ren tea tainted with pesticides: FDA
China Post, English-language daily, Taipei, Taiwan

Alpine Skier Lindsey Vonn to Promote Pyeongchang Olympics
Chosun Ilbo, Conservative daily, Seoul, South Korea

Doubts raised about Islamic States claim in Texas attack
Hindustan Times, New Delhi, India

41 yrs on, nine get life for Balangir murder
India Times, Conservative daily, New Delhi, India

Asian Development Bank pledges to increase lending, cooperate with China-led bank
Japan Times, Independent centrist, Tokyo, Japan

Australian leader brushes off snub to diplomat's gay partner
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia

Canada's most conservative province elects leftist party
Taiwan News, English-language daily, Taipei, Taiwan

Tanzanian unit of UN peacekeepers attacked in Congo; 2 dead, 13 wounded
The Economic Times, Business, Mumbai, India

Liberation Day: The Dutch vow never to forget Canada's vets
Canadian Broadcasting Centre, Toronto, Ontario

Daughter bars father from France's National - the party he founded
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

The Blue Amazon, Brazil's New Natural Resources ier
IPS Latin America, International cooperative of journalists, Rome, Italy

Asian stocks at two-week lows, bond woes spread, dollar slips
Reuters, Business News, New York, U.S

Canada's Alberta takes turn to left, Conservative premier resigns
Reuters, World News, New York, U.S

Rachel Notley rides stunning orange wave in Alberta: Tim Harper
Toronto Star, Toronto, Ontario

Burundi court backs third-term bid
BBC News, Centrist newscaster, London, England

-----

How are we doing?

We would like to hear from you how we perform. What you like and what we should change or add… Send us an email; we aim to please!

Tell your friends and associates…

to subscribe to Migalhas International! www.migalhas.com

Express yourself

Want to share your opinion, your experience, your questions? You are welcome to do so. This forum is yours. Please contact the editor: [email protected]

Events

We welcome information about your events or conferences to come. Please contact the editor.

Sponsors

Become a sponsor. Spread your name in the business and legal spheres around the world in Migalhas International.

Subscription

To subscribe:  Register your name and your address at https://www.migalhas.com

To unsubscribe:  Send your name and e-mail address to in the subject line.  We will remove your name soonest.

Address changes:  If you want to continue to receive Migalhas International, please make sure we have your current e-mail address.

Contact

Michael Ghilissen, editor: [email protected]

Miguel Matos, publisher: [email protected]

Please feel free to send your comments, questions and suggestions to the editor.

Your comments

We always welcome information, articles, testimonials, opinions and comments about something you've read in Migalhas International. Please forward your contributions to the editor.

Confidentiality

When you add your name to Migalhas International, you can be sure that it's confidential. We do not share, trade, rent or sell this list.  Our "privacy policy" contains no fine print.  No one gets our list.  Period.  Your e-mail address is safe with us.

Sharing Migalhas International

If you'd like to share this Migalhas International with friends and colleagues, feel free to forward this issue including the copyright notice.  Or, invite them to subscribe so they receive their own Migalhas International every week. 

Sources

The content of the Migalhas International newsletter is edited for purposes of news reporting, comments and education from several sources, including: The New York Times, The Wall Street Journal, The Boston Globe, The London Times, Le Monde, Frankfurter Allgemeine, The Financial Times, Radio Netherlands Worldwide, Google News, International Herald Tribune, Paper Chase (jurist.law.pitt.edu), The World Press Review: https://www.worldpress.org, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media, FindLaw.com, The National Law Journal, Reuters, Associated Press, Internet Business Law Services, Folha de S. Paulo, O Estado do S. Paulo, Lexis Nexis, West Law, CNN, The Globe and Mail, The Los Angeles Times, Wikipedia and more.

Fair use notice

This newsletter contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of legal, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this newsletter is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. 

The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.

Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information contained on this list may or may not reflect the most current legal developments.

www.migalhas.com

Copyright 2012 - Migalhas International