May 4, 2011 nº 1.036 - Vol. 9


"Learn what is true in order to do what is right."

Thomas Henry Huxley

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

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  • Top News

UN votes to give European Union special rights

The European Union has won the right to speak at the United Nations on behalf of its 27 member states. The largely symbolic change means the EU can address UN meetings through its own officials, rather than the country holding its rotating presidency, but does not give it voting rights. The decision comes after years of lobbying by the European bloc. The Lisbon Treaty in 2007 streamlined the bloc's foreign policy processes and created its own permanent diplomatic service. Some smaller UN member states have expressed concern their voices will be marginalized by the move.

Nasdaq-ICE to go hostile with $11.3bn NYSE bid

The battle for the New York Stock Exchange has intensified with the co-bidders saying they will make a hostile takeover bid. NYSE Euronext has twice rejected an unsolicited approach from Nasdaq and ICE - Intercontinental Exchange worth about $11.3bn. NYSE's board has already accepted a $10.2bn offer from Deutsche Boerse. But Nasdaq-ICE has said it will now make a formal offer direct to NYSE's shareholders later this month. The move appears designed to press shareholders in the NYSE to force the board to the negotiating table.

Foreclosures trapped by a lack of lawyers

Moves by banks to ditch law firms snared in the robo-signing mess are spreading confusion to borrowers, while angering judges who are grappling with foreclosure cases trapped in limbo.

Arbitration Express

Supreme Court to hear arbitration case

The US Supreme agreed to decide in CompuCredit Corp. v. Greenwood whether claims arising under the Credit Repair Organizations Act are subject to arbitration pursuant to a valid arbitration agreement. The case arises from a dispute between consumers and companies that issue low-rate credit cards to people with bad credit. The consumers filed a lawsuit over credit card fees, and the US Court of Appeals for the Ninth Circuit ruled that they had a right to sue in federal court rather than face arbitration. There is a circuit split on the issue.

The role of the ECJ Case-Law

The Max-Planck Institute for Tax Law and Public Finance, the PwC Chair in Tax Law of the Catholic University of Louvain and the Tax Institute of the University of Lie`ge are pleased to invite you to the Congress on European Tax Law : "Beyond Discrimination : The role of the ECJ Case-Law in the International Division of Taxing Powers in Direct Taxation" that will be held on 19-20 May 2011 in Brussels. For additional information and registration, please click here.

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Migalhas International brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim executive positions within client companies around the world, particularly in the legal area. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. So, before you open the door to the boardroom, click here and peek through the keyhole!

  • Crumbs

1 - Silvio Berlusconi: I am being 'humiliated' by Italian courts - click here.

2 - Britain is on the verge of constitutional upheaval - click here.

3 - Facebook sued over minors 'likes' - click here.

4 - Dish Network and EchoStar to pay $500m to settle TiVo patent suit - click here.

5 - Supreme court stuffs challenge to consumer arbitration - click here.

6 - What was the legal basis for the Bin Laden strike? - click here.

7 - Federal judge refuses to dismiss Toyota acceleration lawsuit - click here.

8 - Jones Day, Simpson lead on Wilbur Ross's $3.4bn coal sale - click here.

9 - Appeals court hears arguments in Obama birth suit - click here.

10 - Bank margins at risk as EU probes credit-default swaps market - click here.

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  • MiMIC Journal

China laws limiting death penalty take effect

An amendment to Chinese law abolishing the death penalty for 13 crimes passed in February by the standing committee of the NPC - National People's Congress went into effect on Sunday. The list of crimes for which the death penalty was abolished include non-violent and economic crimes such as tax fraud; financial fraud; smuggling of precious metals, cultural relics and rare animals; teaching of crime-committing methods and robbing ancient cultural ruins. Another law that went into effect Sunday adds harsher penalties, including possibility of the death penalty, for producers of tainted food. Other changes to Chinese law taking effect Sunday included an indoor smoking ban in public places and increased penalties for drunk driving.

As China invests, U.S. could lose

China is poised to invest up to $2tn overseas in the next decade, but whether the United States will participate is a big question, a study says.

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  • Historia Verdadera

India - Argentina

Las inversiones de empresas de la India instaladas en Argentina alcanzaron hasta ahora los US$ 1. 200 mlls. en diversos sectores productivos, reveló la ministra de Industria, Déborah Giorgi durante la inauguración, en la localidad bonaerense de Pilar, de una nueva planta de fabricación de medicamentos de alta tecnología del laboratorio indio Glenmark, que exportará medicamentos oncológicos genéricos a más de 30 países.

Alemania – México

El presidente de Alemania, Christian Wulff, consideró indispensable mantener los lazos comerciales, productivos y competitivos entre su país y México. La empresa, su accionista mayoritaria, María Elisabeth Schaeffler, anunció la ampliación de la planta de Irapuato con una inversión de entre 80 y 120 millones de dólares que contribuirán a la generación de mil 500 millones de pesos, en los próximos cuatro años.

Multa

La multa asciende a la suma de US$1,3 millones que la compañía norteamericana de automóviles deberá cancelar por presentar una declaración impositiva "inexacta" en la importación de piezas de vehículos desde Brasil. (Presione aquí)

  • Brief News

Europe leads in pushing for privacy of user data

The European justice commissioner plans to propose tougher rules on breaches of privacy, setting standards that could be followed in the United States. To address concerns about data protection, Viviane Reding, the European justice commissioner, said that she would propose extending unionwide rules about breaches of privacy to online banking, video games, shopping and social media. The rules require phone companies and Internet service providers to inform customers of any data breach "without undue delay." "Any company operating in the E.U. market or any online product that is targeted at E.U. consumers should comply with E.U. rules." In the US, there is no single agency dedicated to privacy, and while the Federal Trade Commission and the Federal Communications Commission can deal with violations of privacy, those agencies are mainly focused on enforcing fair business practices.

Sony hires detectives after gamers lose personal data

Sony has hired investigators after a breach of security, in which the personal data of more than 100 million online game users was compromised. The Playstation Network and Sony Online Entertainment have been taken offline. Information including names, addresses and potentially even credit card numbers was stolen in the attack.

North Korea jail camps 'growing'

Amnesty International publishes satellite images of what it says are North Korea's political prison camps, saying they appear to be growing in size.

Police visit Google's Korea office over location data

South Korean police raided Google's Seoul office on Tuesday, on suspicion the internet search giant illegally collected data from users. Investigators suspect Google's mobile advertising agency, AdMob. They believe the company may have collected information about users' location without proper consent.

US sues Deutsche Bank

The US Justice Department has sued Deutsche Bank for more than $1bn for defrauding the government. The complaint says Deutsche's MortgageIT subsidiary lied in order to get FHA - Federal Housing Administration insurance for its loans. FHA rules say lenders must make sure the borrower will be able to repay the loan, but the Justice Department claims Deutsche did not do so. The lawsuit is one of the first targeting mortgage lenders under the federal False Claims Act. A Deutsche spokesperson described the claims as "unreasonable and unfair".

ICC has evidence of Gaddafi war crimes

ICC - International Criminal Court Chief Prosecutor Luis Moreno-Ocampo revealed that investigators have evidence that Libyan leader Mummar Gaddafi committed crimes against humanity. During an interview with the Associated Press, Ocampo said he would soon be seeking five arrest warrants for various crimes committed by Gaddafi. Ocampo indicated that there is strong evidence of Gaddafi's involvement in various crimes against humanity, including the shooting of civilians, massive arrests, torture and forced disappearances.

Appeals court rules Sarbanes law doesn't protect media leaks

Whistleblower protections in a federal accounting law do not cover leaks to the media, a U.S. appeals court has ruled, dealing a blow to two former Boeing auditors who had sued the aviation company. Nicholas Tides and Matthew Neumann were fired from a group that tested information technology controls at Boeing. They sued the company, charging they were terminated for reporting violations under the 2002 Sarbanes-Oxley Act.

Court to rule on Seselj acquittal

The UN war crimes tribunal at the Hague is due to decide whether there are grounds to acquit Serbian ultra-nationalist Vojislav Seselj. He is charged with 14 counts relating to the Croatian and Bosnian wars of the 1990s. He has pleaded innocent and filed for acquittal and compensation in March. While he does not deny making nationalist speeches, he says they did not constitute war crimes. No defendant has ever been acquitted in the 18-years the tribunal has been running.

Demjanjuk lawyer calls for acquittal in closing arguments

A lawyer for alleged death camp guard John Demjanjuk has called for his client to be acquitted, as final arguments began in a trial in Germany. Ulrich Busch told the court in Munich that prosecutors had failed to produce any evidence of Demjnajuk's guilt. The 91-year-old is accused of having helped to murder 27,900 Jews at the Sobibor death camp in Nazi-occupied Poland in 1943. Demjanjuk denies the charges. A verdict is expected later in May.

Spain sentences Somali pirates to 439 years' jail

A Spanish court has sentenced two Somali pirates to 439 years in jail each for their role in the hijacking of a tuna fishing boat. Under Spanish law, they will serve only a maximum of 30 years in jail, regardless of the sentence. They were also ordered to pay 100,000 euros to each person detained. The court said government-linked bodies had paid to have the vessel freed, but the government has insisted it does not pay ransoms.

Europe battles to erase borders in the air

Europe faces many hurdles in removing boundaries in its skies, forcing aviation agencies to cooperate and compelling controllers to work more efficiently.

Embraer profits see strong rise

Brazilian aircraft maker Embraer sees a big rise in first-quarter profits to $105.1m, despite a strengthening currency.

U.S. agencies probing Senate Goldman Sachs findings after formal referral

U.S. senators formally referred to the Justice Department and the Securities and Exchange Commission an investigative report that found Goldman Sachs Group Inc. misled clients about mortgage-linked securities.

Honduras court dismisses conspiracy charges against Zelaya

A Honduran court on Monday dismissed the two remaining charges of conspiracy against former president Manuel Zelaya, allowing him to return to the country. The ruling could lead to Honduras being readmitted to the OAS - Organization of American States, which expelled the country after the 2009 coup that saw Zelaya's ouster.

U.S. regulators face budget pinch as mandates widen

Even after receiving budget increases from Congress last month, federal regulators are still falling behind. The Securities and Exchange Commission and the Commodity Futures Trading Commission are struggling to fill crucial jobs, enforce new rules, upgrade market surveillance technology and pay for travel.

Rajaratnam away as jurors begin 2nd week of deliberation

A conspicuous absence and a mysterious meeting in the the judge's chambers, as the wait for a verdict continues.

Mexico court slams Carlos Slim

Mexico's Supreme Court ruled that Carlos Slim's cellphone company can't continue to block competitors by using injunctions to ignore the rulings of the country's telephone regulator.

  • Daily Press Review

Bin Laden's daughter confirms her father shot dead by US Special Forces in Pakistan
Al Arabiya, Online news, Dubai, United Arab Emirates

Bin Laden 'was unarmed' when shot dead
Al Jazeera, Doha, Qatar

Two archaeological sites found near Jubail
Arab News, Pro-government, Jidda, Saudi Arabia

Pakistan has bin Laden wife, children in custody
Asharq Al-Awsat, Pan-Arab daily, London, England

Syrian forces crack down on protesters in Banias
Egyptian Gazette, English-language, Cairo, Egypt

Amram Mitzna announces candidacy for head of Labor party
Haaretz, Liberal daily, Tel Aviv, Israel

Israel gathers support from 'best enemy'
IPS Middle East, International cooperative of journalists, Rome, Italy

Non-oil exports reach $30b
Iran Daily, English-language, reformist, Tehran, Iran

Arab MKs to attend Hamas-Fatah unity agreement signing
JPost, Conservative, Jerusalem, Israel

France fears reprisals for bin Laden killing
Nahamet, Online news portal, Beirut, Lebanon

10 persons embrace Islam in Kharj
Saudi News Agency, Official news service, Riyadh, Saudi Arabia

N. Korea confirms detention of Japanese
Times of Oman, English-language daily, Muscat, Oman

Pakistan dismisses US raid fears
BBC News, Centrist newscaster, London, England

CIA says bin Laden photo release likely
CNN International, London, England

G20 inquest: Ian Tomlinson's family say put PC Simon Harwood on trial
Daily Mail, Conservative daily, London, England

US considers publishing photos of bin Laden's body
EuroNews, International news, Ecully Cedex, France

TERRORISM: Bin Laden unarmed during raid, White House says
France 24, Issy-les-Moulineaux, France

Portugal agrees 'good deal' on 78bn bailout
Independent The, London, England

Higher demand boosts BMW sales
Irish Times The, Centrist daily, Dublin, Ireland

Water transport set for launch
Moscow News The, Independent, Moscow, Russia

Kosovo: Organ trafficking suspects to stand trial
Radio Free Europe, Prague, Czech Republic

Syrian activists call for mass sit-ins
Sky News, Independent newscaster, Middlesex, England

The democratic case against alternative voting
Spiked, (Alternative Internet Magazine), London, England

Osama bin Laden dead: Barack Obama watched US special forces' raid in 'real time'
Telegraph The, Conservative daily, London, England

ASEAN countries must stop border conflict, lawmaker
Antara News, News agency, Jakarta, Indonesia

6 suspects sent to China from Philippines cleared
China Post, English-language daily, Taipei, Taiwan

Korea should watch out for a Japanese IT resurgence
Chosun Ilbo, Conservative daily, Seoul, South Korea

Iraqi officer killed as figures show violence down
Daily Jang, Left-wing daily, Karachi, Pakistan

How the U.S. zeroed in on its enemy n° 1
Hindu The, Left-leaning daily, Chennai, India

Political leaders killed in recent air accidents
Hindustan Times, New Delhi, India

Didn't tell Pak, they might have alerted targets: CIA chief
India Express, News portal, Mumbai, India

The quake hits Nintendo while hackers shake Sony
Japan Times, Independent centrist, Tokyo, Japan

Iraqi officer killed as figures show violence down
News The, Left-wing, Karachi, Pakistan

$90m to be spent on Paktika development
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan

Colombia's mayor of Bogota suspended for 'irregularities' in contracts
People's Daily Online, English-language, Beijing, China

Obama golf shoes could have been clue to bin Laden
Sify News, Chennai, India

Pakistan: Bin Laden's neighbors noticed unusual things
Taiwan News, English-language daily, Taipei, Taiwan

Siemens raises outlook as emerging markets lift Q2
The Economic Times, Business, Mumbai, India

No apology for violating Pak air space: White House
Times of India, Conservative, New Delhi, India

PM returns to Ottawa after majority win
Canadian Broadcasting Centre, Toronto, Ontario

CUBA: Month-long offensive against homophobia
Caribbean360, Online news portal, St. Michael, Barbados

Three days of downpours end Dominican Republic's 5-month drought
Dominican Today, Independent daily, Santo Domingo, Dominican Republic

Deliver Gadhafi to courtroom justice
Globe and Mail The, Centrist daily, Toronto, Canada

FACTBOX-Key political risks to watch in Ghana
International Business Times, Business news organization, New York, U.S

CUBA: Month-long offensive against homophobia
IPS Latin America, International cooperative of journalists, Rome, Italy

Osama Intel boosts waterboarding fans
Newser, News web site, Chicago, U.S

Asia stocks, metals prices fall as risk reduced
Reuters, Business News, New York, U.S

U.S. says bin Laden unarmed; more pressure on Pakistan
Reuters, World News, New York, U.S

Pakistan's relations with U.S. badly frayed by bin Laden killing
Toronto Star, Toronto, Ontario

PNM senator: T&T facing blacklisting
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad

Duchess prepares for life as an RAF wife
Vancouver Sun The, Conservative, Vancouver, Canada

Turkey calls on Col Gaddafi to go
BBC News, Centrist newscaster, London, England

Bin Laden was 'unarmed'
iafrica, Online news portal, Cape Town, South Africa

NEPAL: Strong hopes for straw houses
Irin News, Humanitarian news and analysis, Nairobi, Kenya

Sudan protests statements by Malaysian special envoy to Darfur: report
Sudan Tribune, Khartoum, Sudan

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