July 21, 2010 Nº 934 - Vol. 8
"Opportunities multiply as they are seized"
Sun Tzu
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Switzerland court approves transfer of UBS client data to US
The Swiss Federal Administrative Court announced Monday that an agreement with the US, allowing Swiss bank UBS to disclose account information of clients suspected by the US government of tax evasion, is binding. The agreement, approved last month by the Swiss parliament, allows UBS to turn over information of 4,450 US clients to the US Internal Revenue Service (IRS) and may prevent the US Department of Justice (DOJ) from resuming a lawsuit against UBS in which it had sought the names of 52,000 UBS clients. The court also announced that they have rejected a challenge to the law by a UBS client who had objected to the data transfer. In announcing its ruling, the court noted the importance of the US-Swiss agreement, saying "the economic interests of Switzerland as well as the interests in fulfilling obligations that have been entered into in international law are of major significance and outweigh the individual interests of the complainant in this case." The ruling could potentially affect 100 other appeals from UBS clients, which are currently pending.
Senate panel approves Obama Supreme Court pick Kagan
Obama's Supreme Court nominee has won the approval of the US Senate judiciary committee. The nomination now moves to the full US Senate, which is expected to confirm her as the third woman justice on the US's highest court. The panel voted 13-6, with only one Republican supporting the nomination. If confirmed by the Senate, Kagan, 50, will take a lifetime seat as one of nine justices, replacing retired Justice John Paul Stevens. Republicans opposing Kagan argued she puts politics ahead of the law, citing past positions on abortion and gays in the military. Kagan, former dean of Harvard University Law School, is President Obama's solicitor general, the lawyer who argues administration cases before the Supreme Court. She was the president's second pick to the court after Justice Sonia Sotomayor, who won confirmation last summer. If Kagan is confirmed, she will have the opportunity to affect American law for an entire generation. (Click here)
New law consolidates thin-capitalization rules
MI publishes today an article by Gilberto Ayres Moreira and Caio Caetano Luna, of Rolim, Godoi, Viotti & Leite Campos Advogados, on the rules for the deductibility of interest paid to related parties domiciled abroad and to entities domiciled in tax havens. It discusses the regulations commonly referred to as thin-capitalization rules, which seek to prevent tax evasion through the transferring of profits disguised as interest expenses. Click here to read this article.
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Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. 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. Click here to peep through the hole!
1 - 3rd Circuit tosses sex bias lawsuit by law firm shareholder. (Click here)
2 - Linklaters ruling loss may raise taxes for firms serving India. (Click here)
3 - Judge leading torture inquiry has conflict of interest, charity says. (Click here)
4 - Brazil's mid-month consumer prices unexpectedly fall. (Click here)
5 - BA cabin crew reject latest pay offer. (Click here)
6 - Europe considers new penalties for Iran. (Click here)
7 - US appeals court grants bail to ex-media mogul Conrad Black pending appeal of fraud conviction. (Click here)
8 - Florida lawmakers return today for oil session. (Click here)
9 - Brazil considers bulletproofing schools after boy is shot. (Click here)
10 - President Obama to push Congress on pay-fairness bill. (Click here)
11 - Lohan attorney quits hours before court. (Click here)
12 - Glaxo said to have paid $1 billion over Paxil suits. (Click here)
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China 'leapfrogs US to become biggest energy user'
China has overtaken the United States to become the world's top energy consumer for the first time. Provisional figures from the International Energy Agency indicate that China's energy demand has doubled in a decade. The IEA said China had taken first place because it was hit less hard than the US by the global financial crisis. China challenged the report's findings, saying its figures were unreliable.
Google agreed to follow Chinese censorship laws before license renewal
A Chinese government official announced Tuesday that Google has agreed to abide by the country's censorship laws and stop automatically redirecting users to its uncensored Hong Kong-based site. The agreement allowed the Chinese government to renew Google's Internet Content Provider (ICP) license. The agreement with Google will prevent users from accessing information that will compromise national security, damage national interests or spread hatred.
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Odebrecht
La lista de pendientes del consorcio Odebrecht - Alstom - Va Tech en el país no terminaron con el acuerdo suscrito con el Gobierno. Procesos judiciales, arbitrales y en la Contraloría continúan contra la firma brasileña aunque en las últimas semanas algunos comenzaron a resolverse.
TV
Bolivia se sumó a la mayoría de países sudamericanos que eligió el estándar japonés-brasileño de televisión digital y fijó un plazo de hasta 10 años para el "apagón" definitivo de los actuales servicios analógicos.
China – Soja
Las exportaciones argentinas de aceite de soja registraron en el tercer bimestre del año un alza interanual del 30,5 por ciento, pese a las trabas sanitarias impuestas a este producto por China, su principal mercado hasta hace unos meses.
Negocios Petroleros
La estadounidense Apache entre en carrera por los activos de British Petroleum en Argentina. La petrolera británica estima que puede obtener US$ 9.000 millones por el 60% que posee en Pan American Energy (PAE).
Acuerdos
Panamá suscribió este martes la Declaración de Cooperación Comercial con los países de la Asociación Europea de Libre Comercio (AELC).
Oi
Portugal Telecom (PT) estudia la posibilidad comprar parte de Tele Norte Leste Participaçoes, conocida como Oi, principal empresa brasileña de telecomunicaciones, como una alternativa en caso de que vendiera a Telefónica su parte en Vivo.
Senior UN official launches attack on secretary general
A senior UN auditor has launched a blistering attack on UN Secretary General Ban Ki-moon's leadership. Inga Britt Ahlenius accused Ban of undermining her efforts and of leading the UN into an era of decline. The claims come in a leaked report which reflects the acrimony over power struggles surrounding the UN's internal investigations process. Ahlenius is the outgoing head of a body charged with combating corruption and misconduct within the organization. Ahlenius claims Ban tried to establish a parallel investigation apparatus under his own authority, and blocked her ability to recruit senior staff.
BP agrees $7bn asset sale to fund oil clean-up
BP is to sell assets in Texas, Canada and Egypt, to part-fund the clean-up cost of the Gulf of Mexico oil spill. The oil giant said it had reached a $7bn deal with US-based oil production firm Apache Corp. The proceeds will go towards a fund set up to pay for clean-up costs and claims for damages resulting from the spill. The company had also been thought to be looking at a sale of assets in Vietnam and Pakistan, and of its majority stake in its subsidiary Argentine Pan American, which operates in Argentina, Chile and Bolivia, and is thought to be worth about $9bn. Meanwhile, oil and gas drilling company Halliburton has announced a big jump in profits despite its involvement in the Gulf of Mexico oil disaster.
EU challenges WTO ruling on Airbus subsidies
The EU is to challenge a World Trade Organization (WTO) ruling that it paid illegal subsidies to aircraft giant Airbus. The US lodged a complaint with the WTO six years ago, but the decision was only made public last month. The EU said that while "a significant number of US claims" had been rejected, other aspects of the report needed "to be corrected or clarified". It has already complained over the US's alleged support of Airbus rival Boeing.
Personal emails are not 'records' under public records law, Wisconsin Supreme Court holds
Wisconsin's public records law, which allows the public to make requests for records from governmental entities or employees, exempts personal emails that do not relate to a governmental function. That is, personal emails are not subject to a request for records. That is what the Wisconsin Supreme Court recently held in Schill v. Wisconsin Rapids School District, 2010 WI 86 (July 16, 2010), a case in which a group of school teachers sued to enjoin release of personal emails stored on the school district's server. In a lead opinion written by Chief Justice Shirley S. Abrahamson, the court held that a personal email "is not a record under the Public Records Law and the email cannot be released" if requested. Justice Patience Roggensack filed a dissenting opinion, stating that the lead opinion's decision "contravenes Wisconsin's long history of transparency in and public access to actions of government employees."
Man's court bid to clarify law on mercy killing
A man paralysed from the neck down, who can only communicate using his head and eyes, has launched a legal challenge to clarify the law on so-called mercy killing. Nicklinson, who would be unable to end his life without direct assistance, believes his wife might face prosecution for murder and a mandatory life sentence if she helps him to die.
E.U. test may need to fail some banks
Assurances by government leaders in recent weeks that their countries' banks will pass the tests has left economists and analysts anything but reassured. Regulators plan to release a blizzard of information Friday about the results of the stress tests, but so far there has been a dearth of detail about what criteria will be used to judge banks' financial durability. That has raised concerns that the tests might gloss over any problems.
Arizona fights Obama challenge to immigration law
Arizona on Tuesday urged a federal judge to reject the U.S. government's bid to quash its strict new immigration law, arguing the border state is acting within its powers. The law takes effect on July 29. It requires state and local police to investigate the immigration status of anyone they reasonably suspect of being an illegal immigrant. The Justice Department filed suit this month seeking to block Arizona's law, arguing it would undermine U.S. foreign policy and violate the U.S. Constitution -- charges rejected by state lawyers. "Arizona merely seeks to assist with the enforcement of existing federal immigration laws in a constitutional manner," lawyers for Arizona Governor Jan Brewer said in documents filed with the court late on Tuesday. "It is (the Obama administration) that is attempting to impose immigration policies and priorities that contravene and conflict with federal law and unambiguous congressional intent." The Justice Department declined to comment on the challenge.
Guinea Supreme Court confirms presidential run-off
The Supreme Court in Guinea has confirmed that there will be a second round in the country's landmark presidential election. Former PM Cellou Dalein Diallo and his main rival, opposition leader Alpha Conde, will face each other. The run-off, initially due on 18 July, was postponed after the Supreme Court received complaints of fraud.
Professional ethics? There's a moot court for that
The latest entry in the ever-expanding realm of law school moot court competitions comes courtesy of Mercer University Walter F. George School of Law in Macon, Ga., which just announced a new legal ethics and professionalism moot court.
Alcohol bill means 'happy hour' for lobbyists
Trade associations and lobbyists for alcohol manufacturers are brawling with their wholesale distributors over a bill that would strengthen states' ability to regulate alcohol and make it harder to challenge state alcohol laws in court.
Two escape from an Argentine jail guarded by a dummy
Two prisoners have escaped from a jail in Argentina, reportedly while it was using a dummy to man one of its guard towers. Prison staff said a lack of resources meant that only two out of their 15 guard towers were occupied at any given time. They told a local newspaper they put a football with a prison officer's cap in a third, to create the illusion of an extra guard. A prison official said the two had been nearing the end of their respective sentences and were therefore housed in a part of the jail with fewer security measures.
Who oversees Homeland Security? Um, Who doesn't?
A mind-boggling 108 congressional committees and subcommittees have oversight over the Department of Homeland Security. They're a "tremendous source of delay, time and confusion" for the agency. But that's not likely to change -- unless the president and Homeland Security secretary choose to make a big issue of it.
Subpoena for Toyota over defects in steering
A federal grand jury in New York has subpoenaed Toyota Motor, seeking information on steering-related defects in its vehicles. The move could widen an investigation into the automaker's handling of a recall in 2005. In a short filing on Tuesday with the Tokyo Stock Exchange, Toyota said the subpoena, received by subsidiaries in the United States on June 29, had demanded documents about defects in steering relay rods in the company's cars. The car manufacturer spent $1.6 million lobbying the federal government in the second quarter of 2010, according to a lobbying disclosure report released today. That's nearly double the $880,000 the company reported spending in the first quarter of 2010, and roughly a 17 percent increase over the $1.36 million Toyota spent lobbying in the second quarter of 2009. (Click here)
Laid-off attorneys search for work far outside traditional law firms
Facing a tough job market, many lawyers struggling to find work are re-examining their roles and testing the waters in other fields. Some are attempting to stay in the industry by taking temporary work as contract lawyers—low-profile, lower-paying positions that often involve more routine work, according to consultants and industry experts. Others are becoming accountants, consultants or teachers. There is a significant number of lawyers who are simply moving out of the profession. The overall picture is the huge oversupply of lawyers. The portion of law-school graduates who held jobs that required a law degree and passing the bar exam shrunk to 71% for the class of 2009, from 75% for the class of 2008, according to a survey by the National Association for Law Placement. The survey also found that nearly 25% of employed graduates said their work was temporary. And almost 22% said they were still looking for work even though they were employed, up from 16% in 2008. Many large law firms let go of lawyers in the recession and adjusted to working with slimmer staffs. At the same time, more corporations learned to rely more on their internal lawyers and cut back on hiring external counsel. And some firms are now outsourcing the work they used to give to junior associates, meaning newer lawyers are seeing fewer positions where they would traditionally receive training and launch their careers. The law firm model is really changing; many lawyers are changing their specialties or pursuing nonlegal jobs in legal venues, such as professional development roles at law firms or jobs with career services at law schools, while they wait out the job market. Bar associations say more lawyers are asking for tips on ways to apply their skills in other fields.
Zimbabwe not bound by regional court rulings: justice minister
Zimbabwe said it is not bound by the rulings of the Tribunal of the Southern African Development Community (SADC). The statement comes two days after the Tribunal ruled that farmers who lost their land under Zimbabwe's land reform program may take their case to the SADC summit meeting next month. Chinamasa also said that the Tribunal's rulings would not influence the Zimbabwe government's policies on land reform, and called the farmers' cases propaganda efforts.
Federal judge refuses to withdraw from drilling ban case for alleged conflict of interest
Judge Martin Feldman of the US District Court for the Eastern District of Louisiana on Friday refused to recuse himself from a case in which he has already overturned a six-month moratorium on deepwater drilling issued last month by the Obama administration in response to the BP Deepwater Horizon oil spill. Earlier this month, environmental groups sought the removal of Feldman and relief of the preliminary injunction because of his personal investments in the oil industry. In the order refusing his recusal Feldman said, "The motion for disqualification is without merit." According to his 2008 financial disclosure report, Feldman owned stock in five companies directly or indirectly related to the offshore drilling business. The release of Feldman's 2009 financial holdings also showed that the judge had owned stock in Exxon Mobil, one of the companies affected by the initial moratorium. Feldman claimed he learned of his investments the day before his ruling and sold his stock the next morning.
Syria government bans full-face veils from universities
Syrian Minister of Education Ghiath Barakat issued a directive Sunday forbidding students and teachers at universities from wearing the niqab. The ban applies to both public and private universities, but only affects full-face veils and not hijab headscarves that are more commonly worn in the region. Students and parents reportedly requested the ban to promote equality in education. According to a government official, the ban seeks to protect the country's secular identity, as the niqab "contradicts university ethics" and academic traditions.
Medical device company sues McDermott Will, alleging missed patent deadlines
Medical device maker Nomir Medical Technologies Inc. is suing McDermott Will & Emery and three of its former lawyers in Massachusetts state court for $143 million for missing four key patent filing deadlines.
Clinton signals support for S Korea
Al Jazeera, Doha, Qatar
Karzai Reaffirms 2014 Goal for Afghan-led Security
Asharq Al-Awsat, Pan-Arab daily, London, England
World body for democratic accountability urged
Gulf News, Independent daily, Dubai, United Arab Emirates
U.S. court fines North Korea over 1972 terror attack in Israel
Haaretz, Liberal daily, Tel Aviv, Israel
MIDEAST: Can't Digest This Occupation
IPS Middle East, International cooperative of journalists, Rome, Italy
Report: PA still inciting hatred
JPost, Conservative, Jerusalem, Israel
UAE calls for world body on democratic accountability
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Power cuts hit Sharjah again
Middle East North African Network, Online financial portal, Amman, Jordan
Two killed in Attack on Power Plant in Russia's North Caucasus
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Davutoglu meets Hamas leader in Damascus
The Daily Star, Independent daily, Beirut, Lebanon
Allawi seeks Sadr s support to become Iraqi PM
Times of Oman, English-language daily, Muscat, Oman
President opens heritage village to accompany al-Balda tourist festival in Mukala
Yemen Observer, Sana'a, Republic of Yemen
The OPEC Fund for International Development Scholarship
Yemen Times, (Independent weekly), Sana'a, Republic of Yemen
Afghan exit 'could start in 2011'
BBC News, Centrist newscaster, London, England
Cowell 'ready for fatherhood'
BreakingNews.ie, Online news portal, Cork, Ireland
Russian power station attacked
Daily Express, Conservative tabloid, London, England
Daughter of 'hero soldier' wipes away tears as servicemen killed by Afghan traitor are brought home
Daily Mail, Conservative daily, London, England
Tele2 Q2 results up on continued mobile growth
DMeurope, Online news portal, Amsterdam, Netherlands
FRANCE: Strike to cause massive delays at Paris airports
France 24, Issy-les-Moulineaux, France
Turkish press scan for July 21
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
LOOK Loves Urban Outfitters Military Shirt, GBP 25
Look Magazine, London, England
Flood alerts grow as more rain moves in to Cumbria
News & Star, Independent daily, Carlisle, England
Kurdish Rebels Propose To Disarm If Turkey Meets Conditions
Radio Free Europe, Prague, Czech Republic
The Curious Rabbit Case: Teacher Loses 'Rabbit-Phobia' Trial
Spiegel International, Liberal newsmagazine, Hamburg, Germany
Cameron tells Obama he will release Lockerbie files
The Guardian, Liberal daily, London, England
Dozens injured as US flight hits turbulence
The Independent, London, England
Clinton offers support to Seoul
The Irish Times, Centrist daily, Dublin, Ireland
Sheremetyevo Terminal Loses Power as Moscow Sizzles
The Moscow Times, Independent daily, Moscow, Russia
Killer Moat's confession in full
The Sun, London, England
Lindsay Lohan: latest in a long line of celebrity jailbirds
The Telegraph, London, England
Elderly could still face 'death tax' to pay for care
The Telegraph, Conservative daily, London, England
Six of world's best wild-water swims
Times Online, Conservative daily, London, England
Quake hits Papua
Antara News, News agency, Jakarta, Indonesia
Anti-corruption agency to be created: Ma
China Post, English-language daily, Taipei, Taiwan
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
LHC orders judicial inquiry into Faisalabad killings
Dawn, English-language daily, Karachi, Pakistan
China becomes world biggest energy consumer
Gazeta.kz, Official online newspaper, Kazakhstan
Ultra-left extremists kill three policemen in B'desh
Hindustan Times, New Delhi, India
Wounded in bomb attack on UP Minister, Express reporter dies
India Express, News portal, Mumbai, India
Green activist shot dead in Ahmedabad
India Times, Conservative daily, New Delhi, India
The U.N. pulls its punches
Japan Times, Independent centrist, Tokyo, Japan
JPJ collects RM70mil from new number plate registrations
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
NZ non-attendance a snub - Fiji
New Zealand Herald, Conservative daily, Auckland, New Zealand
Commander surrenders
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Nikkei up 0.23 pct in morning trading
People's Daily Online, English-language, Beijing, China
Toronto Burlesque Festival to showcase 'Naked Girls Reading'
Sify News, Chennai, India
Back to basics
Sydney Morning Herald, Centrist daily, Sydney, Australia
Strike at Honda in China drags on
Taiwan News, English-language daily, Taipei, Taiwan
President Ma announces new anti-corruption agency
Taiwan Today, Government Information Office, Taipei, Taiwan
Congress issues gag order on senior leaders
Thaindian News, Bangkok, Thailand
Naidu back in Hyderabad after a day of high drama
The Hindu, Left-leaning daily, Chennai, India
Canadian soldier killed in Afghanistan
Canadian Broadcasting Centre, Toronto, Ontario
Barbados and China hold talks
Caribbean360, Online news portal, St. Michael, Barbados
Premier to take time off after meetings with FCCA, WestJet
Cayman Net News, Online news portal, George Town, Cayman Islands
Only the U.S. can guarantee Sobeida Felix's life, lawmaker says
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
MEXICO: Risk of Exotic Pets Morphing into Invasive Pests
IPS Latin America, International cooperative of journalists, Rome, Italy
Bring it on!
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Doe Run Peru presents 48-month payback plan to creditors
Living in Peru, News portal, Lima, Peru
Ten ways the census could affect you
The Globe and Mail, Centrist daily, Toronto, Canada
Clinton, Gates at DMZ amid N.Korea ire on drills
Toronto Star, Toronto, Ontario
Syrian/Lebanese mark 100 years in T&T
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Rwandans 'free to decide' at poll
BBC News, Centrist newscaster, London, England
Rights Group Says Arms Transport Needs Regulation
CongoPlanet.com, Independent online news aggregator
Columbia Professor accused of research misconduct/fraud
GhanaWeb, Online news portal, Amsterdam, Netherlands
Cameron, Obama play nice
iafrica, Online news portal, Cape Town, South Africa
Fire breaks out on Cape fishing trawler
Independent Online, News portal, Cape Town, South Africa
Teddy Afro celebrates 34th B-Day during NYC concert
Jimma Times, Online news portal, Jimma, Ethiopia
US seeks ways to assist African forces in Somalia
Mail & Guardian Online, Liberal, Johannesburg, South Africa
NDDC boss makes case for improved healthcare in N-Delta
Vanguard, Independent daily, Lagos, Nigeria
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