May 13, 2011 nº 1,040 - Vol. 9


"Very few things happen at the right time and all the rest do not happen at all. The conscientious historian will correct these defects.
"

Herodotus

In today's Law Firm Marketing, Are you misled by your website's position in Google?

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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

Rajaratnam found guilty of insider trading

A federal jury on Wednesday convicted Galleon Group hedge fund founder Raj Rajaratnam on all 14 counts of insider trading. The jury in the US District Court for the Southern District of New York found that Rajaratnam orchestrated the largest hedge fund insider trading case in US history, finding him guilty of five counts of conspiracy to commit securities fraud and nine counts of securities fraud. US attorney Preet Bharara said: "The message today is clear—there are rules and there are laws, and they apply to everyone, no matter who you are or how much money you have. Unlawful insider trading should be offensive to everyone who believes in, and relies on, the market. It cheats the ordinary investor, victimizes the companies whose information is stolen, and is an affront not only to the fairness of the market, but the rule of law. In just over 18 months, this office has charged 47 individuals with insider trading crimes; Rajaratnam is the 35th person to be convicted. We will continue to pursue and prosecute those who believe they are both above the law and too smart to get caught." Rajaratnam faces a maximum sentence of 25 years in prison. Sentencing is scheduled for July 29. His lawyer plans to appeal.

Rajaratnam defense strategy questioned

Summing up his defense of Galleon Group founder Raj Rajaratnam, attorney John Dowd tried to channel the late Johnnie Cochran, telling jurors: "If it's public, you must acquit." Dowd's closing argument was one of many components of Rajaratnam's ultimately failed defense strategy. Many moves by the defense team and Rajaratnam are now likely to be evaluated, including the selection of a largely working-class jury in a case involving a billionaire, his choice not to take the stand, Dowd's often-combative style, and the overarching attempt to convince jurors that the hedge-fund titan only relied on publicly available information in the face of recordings to the contrary. Though a defendant in any trial has the final say on major strategy questions, he or she normally defers to counsel. "He has always taken my advice," Dowd said. Both Dowd and Rajaratnam are known for a willingness to fight, but the odds were stacked against them when a federal judge decided months before the trial to allow wiretaps of Rajaratnam's phone conversations into evidence. Dowd said after the verdict on Wednesday that he will appeal U.S. District judge Richard Holwell's ruling on the wiretaps in hopes of overturning the verdict. But from the start of the trial to its last days, the defense gave up certain alternatives in charting its strategy. Rajaratnam rejected outreach by the government about the possibility of negotiating a plea two months before proceedings began, according to people familiar with the matter. Often, defendants can reduce their sentences by pleading guilty before trial to fewer counts or lesser charges. It isn't known what prosecutors might have offered Rajaratnam or how Dowd advised him.

Trial win adds to momentum in crackdown

The conviction of Rajaratnam is the crest of an unprecedented wave of insider-trading cases that is expected to accelerate now that the strategy of using wiretaps against traders has proved to be a resounding success for prosecutors. Never before have there been so many major, unrelated insider-trading cases brought by authorities. The Rajaratnam verdict is likely to spur Manhattan U.S. attorney Preet Bharara—who has said he believes a culture of insider trading is pervasive on Wall Street—to further ramp up prosecutorial methods once reserved for mob and terrorism cases in his efforts to prosecute white-collar crimes, lawyers say.

EU wary of weakening Schengen border treaty

EU ministers say the rules for Europe's passport-free Schengen zone need to be clarified to deter countries from unilaterally re-imposing border checks. The home affairs ministers met to review the 25-nation Schengen accord because of tensions over this year's influx of migrants from North Africa. There was "unanimous" agreement that freedom of movement must be preserved, an official statement said. But the EU aims to clarify the rules about temporary border controls.

Council of Europe launches international treaty to combat violence against women

The COE - Council of Europe on Wednesday launched the first international convention to combat violence against women. The group announced that the "new landmark treaty of the Council of Europe opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence." In response to a statistic that at least 15 percent of women have been victims of domestic violence, the treaty targets crimes including rape, forced marriage, female genital mutilation, sexual harassment, forced abortion and forced sterilization.

Company lawyers sniff out revenue

Companies are warming to a new way of generating revenue: suing for it. Ford Motor Co., Tyco International Ltd. and Michelin SCA, among others, say their lawyers are devoting more time and effort to bringing in extra cash by thinking like plaintiffs. Following in the footsteps of several big drug and technology companies, which have aggressively pursued alleged patent infringers, companies in a range of industries have stepped up legal action, not only in the patent arena but also against suppliers, insurers and even utilities they think have done them wrong or owe them money. The sums they win from these "plaintiff recovery" lawsuits usually aren't big enough to be singled out in earnings statements. Nor do individual cases typically have a material impact on the bottom line. But, taken together, they can produce hundreds of millions of dollars in added revenue for a company in a single year, potentially turning its legal department into a profit maker.

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Migalhas International, with the support of executive search firms, brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". Page Personnel is a recruitment company specializing in professional technical and management support positions. Click here to go to our special webpage and find your next lease on life.

  • Crumbs

1 - WikiLeaks threatens its own leakers with $20m penalty - click here.

2 - Microsoft antitrust agreement spurred innovation, U.S. says - click here.

3 - General Motors retirees sue over benefits after bankruptcy - click here.

4 - Supreme court ruling redefines miscarriages of justice - click here.

5 - Prisoners given right to vote again - click here.

6 - Calls to sack Freeman trial psychiatrist - click here.

7 - Airlines' price fix case starts in court - click here.

8 - India's chief economic adviser wants to legalise some kinds of bribe-giving - click here.

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  • MiMIC Journal

CIC prepares for capital injection

Analysts believe CIC - China Investment Corporation, established four years ago with $200bn to invest, is poised to receive fresh funding from the People's Bank of China. CIC is believed to manage some $300bn (£185bn) in assets around the world. The central bank manages $3tn in foreign exchange reserves, the biggest in the world, around two-thirds of which are believed to be held in US dollar assets. But as the greenback continues to decline against the Chinese currency, making investments less valuable in yuan terms, central bankers are keen to diversify their investments.

China lifts bank reserve ratios again to cool inflation

China has increased its bank reserve requirements for the fifth time this year as it continues in its attempts to cool inflation. Thursday's move raised the reserve requirement ratio to a record 21% for China's biggest banks.

  • Law Firm Marketing

Are you misled by your website's position in Google?

by Tom Trush

Ever see changes in your website's position on Google depending on the computer you use?

What about a jump or drop in your website's placement on different days?

Here's one possible reason for the variations:

Late last year, Google began personalizing results for anyone who uses its search engine. Previously, this feature was only available for signed-in users who had the "Web History" option enabled on their Google accounts.

This change means Google now customizes your search results based on your previous 180 days of search activity. You'll know when your results are personalized when you see "View customizations" on the top right of your search results page.

If you don't want to receive customized results, you can click the link and turn off the search customization. Once the page opens, click the sentence that reads, "If you're curious, you can see what a search for [your searched term] looks like without these improvements." A new window will then open with adjusted search results.

By clicking the "View customizations" link, you can also see if other criteria were used in your original search results. In some cases, your search results are personalized according to your location.

If you're signed into a Google account, you can also turn off the personalized search setting by going into your Web History and selecting the "Remove items" option.

Here's a post on Google's blog with more information about personalized search click here.

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© Trey Ryder

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  • Historia Verdadera

Telefónica

La firma española Telefónica espera comenzar sus operaciones en Costa Rica este año, tras firmar el jueves un contrato de concesión por 15 años con el Gobierno, que le da luz verde para ser la primera empresa privada que ofrece servicios de telefonía móvil en el país. La empresa pagará US$ 95 mlls. por su derecho a operar en el país. (Presione aquí)

Acuerdo

La brasileña TAM firmó con la española Spanair un acuerdo de código compartido que incluye la ruta internacional entre Brasil y España y vuelos domésticos entre Madrid y cinco ciudades españolas a partir del 12 de mayo. De esta manera, TAM ofrecerá los vuelos operados por Spanair entre Madrid y Barcelona, Bilbao, Málaga, Tenerife y Santiago de Compostela, en ambos sentidos. En tanto, la empresa ibérica brindará asientos en el vuelo diario de TAM entre Madrid y São Paulo.

Colombia – China

El Ministerio de Transporte de Colombia estudia una propuesta del gobierno chino para invertir en la construcción de la línea férrea del Pacífico, que conectaría el departamento del Atlántico con en el Pacífico colombiano.

Soja

Después de más de más de seis meses de paralizadas las relaciones comerciales entre China y Argentina, el país asiático anunció la noche del jueves la compra de medio millón de toneladas de aceite de soja, hecho que marca el reinicio del intercambio comercial, aunque China advirtió que las operaciones continuarán siempre que mejore el ambiente comercial y la calidad del producto. (Presione aquí)

  • Brief News

Arab spring hope 'in the balance'

The pro-democracy struggle in the Middle East and North Africa is at risk amid a fightback by repressive governments, Amnesty International says. It criticises Libya, Syria, Bahrain and Yemen for targeting peaceful protesters to stay in power. And it says repressive regimes in China, Iran and Azerbaijan have tried to pre-empt uprisings.

Renault heirs seek compensation

The grandchildren of the founder of the French car company Renault are seeking compensation for the nationalization of the firm after the war. They argue that there has been no other case of a firm being nationalised without a ruling or compensation. During the Nazi occupation the firm was placed under German control and used to make equipment for German forces. The French state took the company in 1945 after the death of Louis Renault, who had been jailed without trial for alleged collaboration with the Nazis. The French government still owns a 15% stake in the company, which Renault founded with his brothers in 1898.

Japan agrees nuclear damages plan

Japan's government has approved a plan to help Tepco - Tokyo Electric Power compensate victims of the crisis at its tsunami-crippled nuclear plant. Payouts are expected to run into the tens of billions of dollars over the Fukushima nuclear plant breakdown. Government assistance could help Tepco, Asia's largest power utility, avoid bankruptcy.

Lloyd's faces big disaster claims

Natural disasters may cost Lloyd's of London about $3.8bn (£2.3bn), the insurance market says. Lloyd's said that its financial health meant meeting claims was not an issue; the market's total exposure is well within the worst case scenarios they model and prepare for.

Demjanjuk convicted of Nazi killings, released

A German court convicts John Demjanjuk of helping to murder more than 28,000 Jews as a Nazi camp guard - but he will be released pending a possible appeal.

New list of EU lobbyists planned

EU lawmakers plan to launch a new register of lobbyists online next month in a move to improve transparency in the 27-nation bloc. Euro MPs approved a joint "transparency register" with the European Commission. Registration will be voluntary, as under the current system. But lobbyists will not get a European Parliament access badge unless they register. In March a "cash-for-laws" scandal fuelled concern about lobbyists' influence in the parliament. Undercover reporters from the UK's Sunday Times newspaper posed as lobbyists and the paper reported that four MEPs were willing to accept cash from them in exchange for amending legislation. The MEPs denied wrongdoing but the parliament is investigating their activities.

Brazil forest law vote postponed

Brazil's Congress holds a marathon debate but fails again to vote on controversial changes that would ease protection of its forests.

US unveils anti-cyber attack plan

Under the plan, companies that run infrastructure like power plants and financial systems would get incentives to make sure their systems are secure. The DHS - Department of Homeland Security would also have the authority to impose its own security on industry.

Wikipedia boss criticises injunctions

Wikipedia founder Jimmy Wales has waded into the debate over super-injunctions, saying current privacy laws are a "human rights violation". "They should be done away with as quickly as possible. There should be no law constraining people from publishing legally obtained, factual information," he said. The online encyclopaedia has fallen foul of UK privacy law in recent weeks, with details about those using super-injunctions appearing on the site. Wikipedia is owned by the US-based charity the WikiMedia Foundation and and is therefore subject to US law. Users worried by libellous tweets are advised to contact a lawyer. Experts warned that the lawyers of celebrities could turn the tables, pressing for ISPs and firms such as Twitter to hand over the details of who is publishing comments on the site. To do so they would need to obtain what is known as a Norwich Pharmacal order from a judge, the same process used by rights holders to force ISPs to hand over details about alleged illegal file-sharers.

Regulators defend new rules on big financial firms

"A major thrust of the Dodd-Frank Act is addressing the too-big-to-fail problem and mitigating the threat to financial stability," Bernanke, told Congress. Regulators said they needed more information to determine the banks and financial firms that should be deemed "systematically important" — which could delay implementation of a central reform under the Dodd-Frank law.

Legal highs

Just because a drug is advertised as legal does not mean that it is either legal or safe. Many legal highs (also called legal drugs) are not very different from the current illegal drugs like amphetamines and cocaine, and have similar side effects. Users will choose "legal highs" as an alternative to illicit drugs - helped by dealers who are using obscure loopholes to sidestep the law. Sold under names like bath salts, fertiliser and cleaning fluid, they hardly sound like streetwise slang terms for recreational drugs. But using descriptions such as these is one way that dealers in the thriving market of legal and herbal highs are keeping beyond the grasp of the law's long arm. When does a drug actually become illegal? The authorities are locked in a cat-and-mouse game with dealers of these substances. The problem with "amnesty bins", "is it takes a long while to control each of these compounds and as soon as you control one, another set appears. New drugs were becoming available at an "unprecedented pace" and the emergence of legal highs was a "major feature of Europe's drugs problem".

France lower house approves ban on hydraulic fracturing

France's lower house, the National Assembly, approved a bill on Wednesday to prohibit the drilling of gas and oil through hydraulic fracturing and to repeal hydraulic fracturing licenses granted to companies. The bill also requires license holders to submit a report within two months detailing the techniques used to mine for oil and gas. A list of the exclusive licenses to be repealed will appear in the Official Journal within three months if the bill becomes law. The bill was passed on a first reading. It must now be approved by the Senate. Hydraulic fracturing, also known as fracking, has become a controversial issue as it is implemented in the US and around the world. Hydraulic fracturing is a process in which water, sand and chemicals are pumped into the ground to create fractures in rocks which allows trapped gas and oil to come to surface.

India high court supports death penalty for honor killings

The Supreme Court of India on Monday expressed its support for death penalties for "honor killing" convictions in a ruling upholding the life sentence for a man convicted of an honor killing. The court affirmed Bhagwan Dass's conviction on the charges of killing his daughter who had walked out of her marriage and began an affair with her cousin. The ruling by justices Markandey Katju and Gyan Misra advocated classifying honor killings as crimes that come within "the rarest of rare cases deserving death punishment." The court characterized the practice as barbaric and feudal and a slur on the nation. The court advocated for the death penalty as a deterrent and advised that the "gallows" await for those who plan on committing honor killings.

Paris court sets date for designer Galliano's racism trial

Fallen fashion designer John Galliano will stand trial on June 22 in Paris for hurling anti-Semitic insults at people in a Parisian bar in a case that has already cost him his job at luxury label Dior.

  • Daily Press Review

Pakistan's Taliban claims bombings killing 70 as 'first revenge for Osama killing'
Al Arabiya, Online news, Dubai, United Arab Emirates

Scores killed in Pakistan twin bomb attacks
Al Jazeera, Doha, Qatar

Qatar quits Gulf Yemen plan due to delays, violence
Arab News, Pro-government, Jidda, Saudi Arabia

Qaeda's danger looms if Saleh falls: analysts
Egyptian Gazette, English-language, Cairo, Egypt

Egypt seeks end to foreign wheat dependence
IPS Middle East, International cooperative of journalists, Rome, Italy

Mubarak detained for 15 days over wealth investigation
JPost, Conservative, Jerusalem, Israel

Iran ready for nuclear talks, but 'without concessions'
Nahamet, Online news portal, Beirut, Lebanon

Berri warns of consequences of plot against Syria
Sana, Syrian Arab News Agency, Damascus, Syria

Japanese stocks down on stronger Yen
Saudi News Agency, Official news service, Riyadh, Saudi Arabia

Shooting at San Jose State university kills three
Times of Oman, English-language daily, Muscat, Oman

Yemen's PM snubs Qatar on Gulf tour
Yemen Observer, Sana'a, Republic of Yemen

Militants kill scores in Pakistan
BBC News, Centrist newscaster, London, England

Dow Jones up
BreakingNews.ie, Online news portal, Cork, Ireland

Attacks on Pakistani military kill scores
CNN International, London, England

Daughter saw BA pilot Robert Brown kill millionairess wife Joanna
Daily Mail, Conservative daily, London, England

Japan nuclear bail-out agreed
EuroNews, International news, Ecully Cedex, France

PAKISTAN: Attack on police 'revenge' for bin Laden death, Taliban says
France 24, Issy-les-Moulineaux, France

Euro remains above 6-week low
Irish Times The, Centrist daily, Dublin, Ireland

Belarus sentences six opposition activists to jail for protests
Radio Free Europe, Prague, Czech Republic

Nuclear plants will be closed permanently if big quake hits: Taiwan
Antara News, News agency, Jakarta, Indonesia

Govt's April revenue exceeds target
Bangkok Post, Independent, Bangkok, Thailand

Earthquake kills eight in Spain
China Post, English-language daily, Taipei, Taiwan

N.Korea's rights abuses must be fully recorded
Chosun Ilbo, Conservative daily, Seoul, South Korea

Israel police on high alert as 'Nakba' events begin
Dawn, English-language daily, Karachi, Pakistan

PM Manmohan Singh rules out US-type operation in Pakistan
India Express, News portal, Mumbai, India

One arrested for Shahpur acid attack
India Times, Conservative daily, New Delhi, India

80 dead in Taleban attack
New Zealand Herald, Conservative daily, Auckland, New Zealand

Yemen hails Qatar's withdrawal from GCC power-transition deal
People's Daily Online, English-language, Beijing, China

Malaysia urged to punish paper over religion rumor
Sify News, Chennai, India

US man freed after DNA evidence clears him
Straits Times, Pro-government, Singapore

Digia to cut 190 jobs due to Nokia restructuring
The Economic Times, Business, Mumbai, India

Pakistan's senior military officer cancels visit to US
Times of India, Conservative, New Delhi, India

Mounties in Dziekanski Taser case charged with perjury
Canadian Broadcasting Centre, Toronto, Ontario

Stanford to face September fraud trial
Caribbean360, Online news portal, St. Michael, Barbados

More revelations in Figueroa case
Dominican Today, Independent daily, Santo Domingo, Dominican Republic

Syrian army takes up positions before protests
Globe and Mail The, Centrist daily, Toronto, Canada

PJ blames banks - Former PM says setting up FINSAC prevented 1990s bloodshed
Jamaica Gleaner, Independent daily, Kingston, Jamaica

Wall Street ends up, helped by defensive shares
Reuters, Business News, New York, U.S

Japan approves Tepco nuclear claims plan
Reuters, World News, New York, U.S

Pastor: Justice not served in death of mauling victim
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad

Drugs 'reduce' HIV transmission
BBC News, Centrist newscaster, London, England

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The content of the Miglhas 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: http://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.

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