October25, 2017 nº 1.918 - Vol. 14

"A calm and humble life will bring more happinessthan the pursuit of success and the constant restlessness that comes withit."

Albert Einstein


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


  • Top News

Microsoft drops suit against US Department of Justice

Microsoft announced plans to drop its lawsuit against the US Department of Justice (DOJ) on Monday after the DOJ issued new guidelines in an effort to curb its practice of using secrecy orders to silence companies from alerting its customers when their personal information is accessed by the federal government. Microsoft's President and Chief Legal Officer Brad Smith stated that the DOJ move is "an important step for both privacy and free expression" and the company is pleased that "the DOJ has taken these steps to protect the constitutional rights of all Americans." Microsoft filed the suit in the US District Court for the Western District of Washington in Seattle in April 2016 alleging that § 2705(b) of the Electronic Communications Privacy Act ("ECPA") violates the First and Fourth amendments to the US Constitution for being overly broad and not containing any limit on the length of time a court secrecy order can be active.


Members of Licks Attorneys, Felipe Mesquita and Roberto Rodrigues published an interesting article "Enforcing pending patent applications in Brazil: a different approach to dealing with the backlog" at Journal of Intellectual Property Law & Practice da Oxford Academy.(Click here)


100% Migalhas:www.migalhas.com


  • MiMIC Journal

Xi 'most powerful leader since Mao'

A new Community Party amendment sets President Xi Jinping's "thought" alongside Marxism-Leninism and "Mao Zedong Thought." State media say it'll help China avoid the "Tacitus Trap."

China awaits Xi's top appointments

Chinese President Xi Jinping is preparing to reveal the team of top leaders who will serve under him over the course of the next five-year term. Xi, 64, will on Wednesday announce the line-up of the seven-member Politburo Standing Committee, the country's most powerful politicians. Chinese leaders have in recent decades included one or more possible heirs, indicating a clear line of succession. But there is speculation Xi may buck that trend, cementing his own power.

China Communist Party adds section to party constitution

The Communist Party of China amended their constitution Tuesday to add a section titled "Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era." The party's "absolute" leadership over the military, the fight against corruption, Xi's "Belt and Road" development initiative, supply-side reforms, and market forces in resource were also addressed in the amendments.


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


  • Historia Verdadeira

Argentina x EE.UU.

El Gobierno argentino considera recurrir al sistema de solución de diferencias de la OMC si las determinaciones del Departamento de Comercio estadounidense no respetan la normativa multilateral de comercio, en relación con la medida antidumping del país del norte al biodiésel.(Presione aquí)

Derechos Humanos

La filial en Perú de la minera Glencore enfrentará la próxima semana en un tribunal de Londres una demanda de un grupo de pobladores peruanos por su presunta responsabilidad en un caso de abusos a los derechos humanos en el país andino. (Presione aquí)


La Agencia Nacional de Telecomunicaciones de Brasil, Anatel, rechazó la solicitud de intercambiar una deudad de casi US$ 1.570 mlls. en multas regulatorias por nuevas inversiones. En comunicado, Anatel aclaró que el avance "insatisfactorio" de la reorganización de Oi, ahora en su decimosexto mes, genera dudas sobre la capacidad de la compañía de cumplir con los compromisos de inversión resultantes de un canje de multas por inversión. En septiembre, una corte brasileña autorizó una propuesta de Telefónica-Brasil de canjear R$ 2.000mlls. en multas regulatorias por nuevas inversiones.

  • Brief News

Big law firms look to shrink their office space use

As rents rise, law firms seek more flexible lease structures and rethink how they use their space. Law firms are big users of top-tier office space, but rising rents are prompting them to look for more flexible lease structures as they focus on efficiency. Of the 14 million square feet of office space leased to law firms between the first quarter of 2016 and the second quarter of 2017, 40% was the result of a contraction by the tenant, according to a CBRE Group CBG -0.20% study of 26 markets. The real-estate services firm said the study includes the top 75% of transactions by square footage. On average, the law firms reduced their leased space by 27%. Top law firms that lease more than 50,000 square feet of office space are more likely the ones that are reducing their physical office space, rather than their smaller peers.

US prepares for stricter refugees screening

Trump will allow refugee admissions to the US to resume while announcing stricter rules for vetting applicants. It comes as the 120-day ban on refugees expires on Tuesday. It had been part of Trump's executive orders that came to be known as the "travel ban". Last month Trump announced the lowest cap on refugee resettlements ever set by a US president. The decision comes after a diplomatic and intelligence review.

Russia blocks Syria chemical weapons inquiry

Russia has vetoed a UN Security Council resolution extending the mandate of the only official mission investigating the use of chemical weapons in Syria. The Joint Investigative Mechanism (JIM) was set up in 2015 to identify perpetrators of chemical attacks. It is due to report later this week on a deadly nerve agent attack on the town of Khan Sheikhoun in April. Russia has rejected a separate report from UN human rights investigators blaming the Syrian government.

Sex pest allegations at French parliament

Female assistants working in the French parliament kept a verbal blacklist of MPs whom they regarded as sexual predators, an ex-assistant has said. The women warned each other about certain MPs over lunch or during coffee breaks.

Retrial ordered in Apple, Samsung patent dispute

A US district court judge in San Jose, California, on Sunday ordered a retrial to determine how much Samsung owes Apple for infringing three iPhone 3Gs patents: "black rectangular front face of a phone with rounded corners," "the rectangular front face of a phone with rounded corners and a raised rim," and "the grid of 16 colorful icons on a black screen." Ten months ago, the US Supreme Court ruled that the previous judgment against Samsung was unfair and sent the case back to the district court to adjust the damages in accordance with the court's definition of "article of manufacture," under section 289 of the Patent Act. Justice Sonia Sotomayor wrote for the majority, holding that "the term 'article of manufacture' is broad enough to embrace both a product sold to a consumer and a component of that product."

17 state AGs oppose nationwide concealed-carry gun bill

Attorneys general from 17 US states urged Congress in a letter Monday to abandon legislation that would require states to validate concealed-carry gun permits issued in another state, regardless of their own gun law restrictions. The attorneys general argue that the Concealed Carry Reciprocity Act of 2017 could "lead to the death of police officers and civilians, the proliferation of gun traffickers, and acts of terrorism and other mass violence."

Disunity as Venezuela governors sworn in

Four opposition governors pledge allegiance to the constituent assembly despite a boycott.

In Europe, Facebook’s data law buffer looks to be on borrowed time

Facebook’s European business may not, for too much longer, be able to rely on its preferred privacy buffer of arguing that data protection oversight of its business is exclusively limited to the Irish watchdog on account of its European HQ being located in Ireland. A non-binding legal opinion put out today by an influential advisor to Europe’s top court has ruled that the social network can in fact be subject to privacy oversight in other European Union Member States — at least where it has some physical presence (such as a sales office), as well as users whose data it is gathering for targeted advertising.

Senators push bill requiring warrant for US data under spy law

A bipartisan group of a dozen US senators introduced on Tuesday legislation that would require the National Security Agency to obtain a warrant for queries of data on Americans under an internet surveillance program. The effort, led by Democrat Ron Wyden and Republican Rand Paul, would reform other aspects of the warrantless program. The bill is likely to complicate congressional renewal of a portion of a spying law due to expire on Dec. 31. US intelligence officials value Section 702 of the Foreign Intelligence Surveillance Act as a vital tool for fighting national and cyber security threats and helping to protect American allies.

Indonesia passes law to ban organizations deemed against its ideology

Around 1,000 Indonesians, led by hardline Islamist groups, protested outside parliament on Tuesday as lawmakers approved a presidential decree banning any civil organizations deemed to go against the country’s secular state ideology. Tuesday’s approval puts into law a policy President Joko Widodo set in a decree in July. The policy was aimed at containing hardline groups who have cast a shadow over the long-standing reputation for religious tolerance in the world’s largest Muslim-majority nation.

Microsoft to drop suit as DOJ changes policy on secret data requests

The company filed a lawsuit in April 2016 arguing that secrecy orders prevented the company from informing customers about government requests for their electronic documents.

Last-minute court bid to block Kenya poll

Kenya's Supreme Court is to hold a last-minute hearing to decide whether the re-run of the presidential election can go ahead. The court will hear an urgent petition by human rights activists arguing Kenya is not ready for the vote. The election is due to take place on Thursday. The Supreme Court in September took the unprecedented decision to annul the presidential election and demand a re-run.

Twitter promises more ad transparency

Twitter has pledged to make advertising more transparent as it attempts to fend off proposed new regulations. It said it would be clearer about who funded ads and to what end, especially those pushing a political agenda. The company, like several tech firms, is keen to show it can self-regulate after it was found that Russian-backed groups were exploiting its ad platform. Several key senators, from both sides of the US political divide, have backed measures clamping down on online ads.

A big question in Riyadh: The status of Aramco's I.P.O.

The viability of a planned $100 billion public offering for the national oil company is being debated as the Saudi crown prince welcomes titans of finance to the desert city this week. The kingdom is embarking on a big experiment as it diversifies its oil-based economy, and executives looking for investment are making their pitches.

'Stealthing' victims could sue partner under proposed state law

Creepy sex partners who engage in the practice of "stealthing" — secretly removing a condom during intercourse — could face stiff financial penalties under a newly proposed New York law. Victims of stealthing would be able to sue a partner for monetary damages for the "unconsented removal and tampering of a sexually protective device" under legislation introduced by Assemblywoman Amy Paulin (D-Scarsdale). Bills were drafted in the spring to classify stealthing as sexual assault or rape. Paulin also put in a bill to define stealthing as "sexual misconduct."


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: michael@migalhas.com


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 http://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:michael@migalhas.com

Miguel Matos, publisher: miguel@migalhas.com.br

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: 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.

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 2017 - Migalhas International