October 26, 2011 nº 1,106 - Vol. 9

The object of oratory alone is not truth, but persuasion."

Thomas Babington Macaulay


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


  • Top News

Delaware Chancery Court sued for 'secret' hearings

The judges on Delaware's prominent business court are violating the First Amendment of the U.S. Constitution by holding "secret" hearings, according to a nonprofit group that sued to unseal the proceedings. The Delaware Coalition for Open Government Inc sued the five judges on the state's Chancery Court to open the court's arbitration hearings to the public. The court, which has been a venue for prominent corporate law trials involving Walt Disney Co and eBay Inc, adopted private business arbitration rules last year. The proceedings take place before a sitting judge, can run for days and include the presentation of evidence. "The only difference is that now these procedures and rulings occur behind closed doors instead of in open court," said the complaint, filed in Delaware's federal district court. The arbitration "flew under the radar" until recently. Last month, Advanced Analogic Technologies Inc took a disputed merger with Skyworks Solutions Inc into the state's arbitration process. While the companies announced they had entered the proceeding, court rules prevent further disclosures. "Such actions amount to a secret judicial proceeding," said the coalition's complaint.

China vows to 'strengthen management' of Internet

China's ruling Communist Party said it will strengthen management of online social media sites that have increasingly questioned government actions and exposed official graft. Vowing to promote the development of what it called a healthy Internet culture, the party's Central Committee said it will supervise the world's biggest online community more closely, promote "cultural treasures" and "constructive" websites, and punish the spread of "harmful information." China's leaders are grappling with the best way to manage Twitter-like social-media sites such as Sina Corp.'s Weibo service that are hard for government censors to control. Codifying language on Internet control in an official party document is significant because it means tens of millions of party members across the country will focus on the issue.

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

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". Click here to go to our special webpage and find your next lease on life.

  • Crumbs

1 - McDonald's sues China trademark body over logo dispute - click here.

2 - Judge says no to Sprint request for AT&T documents- click here.

3 - WikiLeaks halts publication over cash flow issues - click here.

4 - Grumpy mum sues over eBay fraudster's playboy lifestyle - click here.

5 - Apple tells German Cafe's logo infringes trademarks - click here.

6 - Legal aid bill 'to hit families, women and children' - click here.

7 - Baker & Hostetler awarded another $44.7m for Madoff work - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

China minimum wage up by a fifth

China's minimum wage climbs by 21.7%, official figures show, despite attempts to slow inflation and rein in prices. Rising costs may mean China will lose its edge as one of the world's cheapest manufacturing centers.

China 'won't follow US' on carbon

The Chinese government will not let its carbon emissions per person reach US levels, according to the minister in charge of climate policy. Chinese per-capita emissions may reach US levels by 2017, a recent study said. China's emissions have risen sharply in recent years due to rapid industrialization, fuelled mainly by coal burning. In terms of national emissions, it has overtaken the US.

China considers new anti-terrorism legislation

Proposed anti-terrorism legislation came before the Standing Committee of China' NPC - National People's Congress on Tuesday that would provide specific legal definitions for terrorism and allow officials to more easily bring terror charges against suspects. Under China's current criminal law, those who organize, lead or actively participate in terrorist activities can receive a punishment of up to 10 years in prison, but the law fails to define the terms "terrorist" and "terrorist organization," or to define what constitutes "terrorist acts."


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


  • Historia Verdadera


Bimbo, la panificadora mexicana, prevé invertir US$1.000 mlls. en su unidad en Estados Unidos para hacer mejoras a plantas y construir nuevas instalaciones durante los próximos cinco años.


La Compañía Global de Pinturas celebró un acuerdo de adquisición de los establecimientos mercantiles por el grupo Romabón Internacional y Productos Piombino que tienen en Costa Rica, por un valor de US$ 4,7 mlls. Así, la firma se suma a la presencia internacional que desde hace más de 15 años ha desarrollado Pintuco y que incluye participación en plantas de producción en Venezuela, Ecuador, Antillas, y Exportaciones a Panamá, Honduras, Guatemala, El Salvador, Perú y Brasil.


El Senado de México aprobó reformas a la Ley General de Salud en materia de Donación de Órganos, en la que se establecen sanciones que van de seis a 17 años a las personas que promuevan, favorezcan, faciliten o publiciten la obtención o la procuración ilegal de órganos, tejidos y células o el trasplante de los mismos; misma sanción tendrá el receptor del órgano que consienta su origen ilícito. (Presione aquí)

  • Brief News

Want someone to download your law review article? Click here

Trying to maximize cites on your new law review article? The Guardian found a gem of a study on how the titles of academic papers affect their rate of citation and download. The conclusion:

(1) Articles with question marks in the titles were downloaded more but cited less.

(2) Article titles containing a colon had fewer downloads and fewer citations.

(3) Articles with longer titles were downloaded slightly less than the articles with shorter titles.

Of course, the only other academic paper out there on the topic, according to the Guardian, found that longer titles, colons and an acronym in the title were associated with more citations.

Google says number of government requests for user info jumps

Twice a year, Google releases aggregate data on requests it receives from governments across the world. It's part of a project they call "Transparency Report." In its latest release, Google says the number of content removal requests it received from the United States increased by 70 percent from the previous six months. And the number of user data requests jumped by 29 compared to the previous reporting period. And interestingly, it gives us a peek at how Google complies with local laws, even if they seem designed to stifle free speech.

UK paper loses bid to avoid privacy case in France

The UK's Sunday Mirror has lost its bid to stop Kylie Minogue's French ex-boyfriend Olivier Martinez suing it in France for alleged breach of privacy. He launched legal action against MGN - Mirror Group Newspapers alleging interference with his private life and infringement of his right to his image. European judges ruled he could seek damages in any EU member where the online story was accessible. Judges in France will also next month decide whether the News of the World breached the privacy of Max Mosley, filmed with prostitutes at a 2008 orgy. Both rulings could have far-reaching implications for the British press.

Tunisia Islamists set for victory

Partial official results from Tunisia suggest victory for the moderate Islamist party Ennahda, in the first democratic elections prompted by the Arab Spring uprisings.

Libya government to implement moderate Sharia law

Interim Libyan leader Mustafa Abdul-Jalil said Tuesday that he intends to make Islamic Sharia law the basic source of legislation and reject any tenets in contradiction the teachings of Islam, but all in moderation to reflect Libya's political landscape, cultural norms and religious makeup. Though Abdul-Jalil says he intends to legalize polygamy, which was previously outlawed by former leader Muammar Gaddafi, he does not intend to adopt the harsher punishments instituted by Iran and Saudi Arabia, such as cutting off limbs for thievery, beheading murderers, stoning adulterers and publicly flogging alcohol users. Critics fear that even the moderate implementation of Sharia law may stunt progressive legislation for women and families and that insisting on the implementation of any Sharia law without allowing a vote on the issue flies in the face of Libya's long, violent struggle for democracy. Others celebrate the once-banned moderate Islamic party's presence in the upcoming free election.

EU to enforce aircraft emissions law despite US opposition

The European Union on Tuesday insisted that it will enforce its new cap-and-trade law on airline emissions for flights traveling to and from Europe despite strong opposition from the US. The new legislation, taking effect January 1, 2012, will eventually require all airlines, including those of non-EU countries, to pay for their carbon dioxide emissions in an effort to encourage airlines to use cleaner fuels and to economize fuel use. Those who do not comply would face steep fines.

New York D.A. declines to drop charges against Wall Street protesters

Prosecutors instead offered those arrested an adjournment for six months; if the individual is not arrested during that time, their case will be dismissed and sealed.

Canada's gun registry under fire

Canada's Conservative government has introduced legislation to abolish the long-gun registry. Opponents of the registry say most violent crime involves handguns. While a repeal failed last year, the Conservative's new majority has a much greater chance of success.

Guatemala genocide trial halted

Former Guatemalan military ruler Oscar Mejia Victores has been sent to hospital to see if he is well enough to stand trial on genocide charges. Mejia, 80, is accused of ordering massacres in indigenous Maya villages during Guatemala's 1960-96 civil war. His lawyers say he recently suffered a stroke and is not physically or mentally capable of answering the charges.

Oil giant BP reaches 'turning point'

Oil giant BP has announced a big rise in third-quarter profits and says it has reached a "turning point" for its oil and gas operations and production. BP reported third-quarter profits of $5.14bn, a near tripling of the $1.85bn replacement cost profit it made in the same period a year ago. CEO Bob Dudley said operations were "regaining momentum" and the firm had "greater confidence". BP's profits and reputation were hit by last year's Gulf of Mexico oil spill.

Dreamliner begins maiden flight

Boeing's Dreamliner takes off on its maiden commercial flight from Tokyo to Hong Kong, after three years of delays.

New hitch to eurozone rescue plan

The EU's 27 finance ministers and the 17-nation Eurogroup will not now meet on Wednesday, although a full emergency heads-of-government summit will happen. This could mean a delay to final announcements on solutions. The cancellation is being seen as largely procedural, since the full EU summit meant there was no need for the finance ministers to meet. Meetings of economy and finance ministers - known as Ecofin - are traditionally held to to prepare measures for consideration by heads of state and government at a summit. As the deadline for fixing the euro-zone summit approaches, more and more attention is focusing on Italy. Sarkozy and Merkel ganged up against Berlusconi at the weekend, telling him in no uncertain terms that he had to get his public finances in order. A move that is seen as trying to force Silvio Berlusconi from office.

Brazil rejects Europe debt purchase plan

Brazil on Tuesday rejected the idea of buying European bonds to help ease the euro zone's debt crisis, casting doubt on a plan for major emerging market economies to offer fresh funds for the continent's rescue.

Obama healthcare law issues before U.S. high court

Oral arguments on the law's key issues--including an insurance mandate and medicaid expansion--are expected to begin in March.

Brazil minister faces court probe

Brazil's supreme court launches an investigation into Sports Minister Orlando Silva, who denies allegations of corruption.

News Corp suffers investor rebuke

Almost 35% of NewsCorp investors voted against James Murdoch, who is the company's deputy chief operating officer, while 34% voted against his brother. Chairman Rupert Murdoch received 14% of "no" votes. The vote is seen as a rebuke over News Corp's handling of the phone-hacking scandal at the News of the World. News Corp Critics of the Murdoch family, which has control of News Corp and its global newspaper and media assets, say that not enough was done to stop the phone hacking when the accusations arose.

Credit Suisse in £6m advice fine

The UK arm of Credit Suisse has been fined £5.95m for failings over advice to customers when selling complex financial products.

UBS fined $12m over short-selling

The regulatory authority Finra accused the Swiss bank of a "systemic supervisory failure" in its oversight of millions of short-sale trades over the last five years.

Guantanamo lawyer challenges possibility of indefinite detention despite acquittal

The lawyer for suspected USS Cole bomber Abd al-Rahim al-Nashiri has filed a challenge to the method in which Guantanamo Bay military tribunals are conducted. Navy Lt. Cmdr. Stephen Reyes asserts that the Pentagon will never release prisoners like al-Nashiri, thus rendering trials moot. In the motion, released to the public on Monday, Reyes suggests that the Pentagon warn officers who serve as jurors from the start if a prisoner is to be held indefinitely.

UN Security Council resolution urges stricter anti-piracy measures

The UN Security Council adopted a resolution Monday urging member states to make piracy a crime and establish anti-piracy courts because of the rise in maritime piracy crime off the coast of Somalia. The request was due in part to the recent conclusion by the Malaysia-based International Maritime Bureau's Piracy Reporting Center that despite increased patrol, Somali pirates are intensifying their attacks.

Canada AG blocks Bush torture suit

The Attorney General for British Columbia on Tuesday blocked a lawsuit filed by the CCIJ - Canadian Centre for International Justice against US president George W. Bush on torture allegations. Lawyers from both CCIJ and the CCR - Center for Constitutional Rights responded with disappointment to the blocked lawsuit and order that the proceedings be stayed.

Groupon sues former sales managers who joined Google

Groupon wants a court order to prevent the former employees from disclosing confidential information to Google, which would continue to "irreparably" harm it.

Alcoa wants lawsuit reopened so it can close it down

Alcoa, the Pennsylvania aluminum maker, is asking a federal judge to re-open the unusual federal civil suit that landed it in the sights of the international law enforcement community for allegedly shady dealings in Bahrain. It wants the case opened so it can move to dismiss it, the company said in a filing today in federal court in Pennsylvania.

  • Daily Press Review

Turkey search for quake survivors continues
Al Jazeera, Doha, Qatar

Syria group calls for international protection
Asharq Al-Awsat, Pan-Arab daily, London, England

Gaddafi buried in secret desert location
Egyptian Gazette, English-language, Cairo, Egypt

Decades later, historical Israeli railway station gets new lease on life
Haaretz, Liberal daily, Tel Aviv, Israel

'Ilan Grapel incident is unlikely to become a trend'
JPost, Conservative, Jerusalem, Israel

EU leaders to finalise euro plan
BBC News, Centrist newscaster, London, England

Early results: Once-banned party wins Tunisia vote
CNN International, London, England

Student pulled from quake rubble
Daily Express, Conservative tabloid, London, England

Amazon shares plummet 11% amid heavy spending on Kindle tablet to rival the iPad
Daily Mail, Conservative daily, London, England

Geri Halliwell gets her dancing boots on as she turns out for friend George Michael's Royal Albert Hall concert
Daily Mail, Conservative daily, London, England

Euro debt crisis: the impact of the eurosceptics
EuroNews, International news, Ecully Cedex, France

EUROZONE: Eurozone rescue plan in doubt ahead of key summit
France 24, Issy-les-Moulineaux, France

Rescued 13-year-old dies en route to hospital
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Out of sight: Gaddafi buried as an outcast
Independent The, London, England

Medvedev wants answers to alleged Inteko land scam
Moscow News The, Independent, Moscow, Russia

Give firms freedom to sack unproductive workers, leaked Downing Street report advises
Telegraph The, Conservative daily, London, England

Inside 11-year-old Kiernan Shipka's designer-laden wardrobe
Telegraph The, Celebrity news, London, England

Vibhavadi, Phahon Yothin flooded
Bangkok Post, Independent, Bangkok, Thailand

Most powerful US nuke being dismantled
China Post, English-language daily, Taipei, Taiwan

A Message from the U.S. Defense Secretary
Chosun Ilbo, Conservative daily, Seoul, South Korea

Afghan president backtracks on US-Pak statement: Report
Hindustan Times, New Delhi, India

Woman, 3 children found dead in pond
India Times, Conservative daily, New Delhi, India

Swallows spoil Maeda's no-hit bid
Japan Times, Independent centrist, Tokyo, Japan

Mass tsunami debris to hit Hawaii in 2013
New Zealand Herald, Conservative daily, Auckland, New Zealand

Joe the Plumber announces bid for Congress
People's Daily Online, English-language, Beijing, China

'Shocking' rates of forced wedlock in Commonwealth
Straits Times, Pro-government, Singapore

Police 0 Lawyer father 1
Sydney Morning Herald, Centrist daily, Sydney, Australia

Toyota trims Japan output due to Thai flooding
Taiwan News, English-language daily, Taipei, Taiwan

China Vice-Premier Li: Global risks rising
The Economic Times, Business, Mumbai, India

Air Canada withdraws court challenge
Canadian Broadcasting Centre, Toronto, Ontario

Police scuffle with protesters in Occupy Oakland march
Globe and Mail The, Centrist daily, Toronto, Canada

Australia's Inflation Ease Makes Room for Rate Cuts
International Business Times, Business news organization, New York, U.S

VENEZUELA: Government Distributes Land to Yukpa Indians
IPS Latin America, International cooperative of journalists, Rome, Italy

Wall Street hit by worries before Europe debt summit
Reuters, Business News, New York, U.S

Growing flood alarm in Bangkok after Thai PM warning
Reuters, World News, New York, U.S

Cleared of murder in her boyfriend's death, Melissa Lewis speaks out: 'I always had faith'
Toronto Star, Toronto, Ontario

Gaddafi 'buried in Libya desert'
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]


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


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


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.


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.


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.


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.


Copyright 2011 - Migalhas International