March 30, 2011 nº 1.023 - Vol. 9
"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure."
Peter Marshall
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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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Sentencing of final Enron executive ends 8-year proceedings
A federal judge sentenced former Enron Broadband Services executive Rex Shelby to two years probation Monday on charges of insider trading. The sentencing marks the end of an eight-year long criminal prosecution of Enron executives linked to investment fraud that caused the fall of Enron Broadband unit. Shelby was one of seven executives indicted in 2003 on more than 164 criminal counts for allegedly overstating the value of the broadband division's software and network to inflate the value of Enron's stock. Shelby, who once faced 10 years in prison, was sentenced to serving six months in confinement. As part of his plea bargain, Shelby must forfeit over two million dollars. The judge also sentenced him to nearly 250 hours of community service. Shelby is expected to start his confinement in about a week.
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 Liège 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.
Arbitration Express
Merrill's Fakahany has most of $70m pay claim denied in arbitration
Merrill Lynch & Co. former Co-President Ahmass Fakahany , who oversaw risk management as losses began to mount on subprime mortgages and bonds in 2007, was denied most of his demand for $70m in compensatory damages, an arbitration ruling shows. The order doesn't explain the panel's reasoning.
Note to the editor
Sir, I want to comment on this subject to slight sag in the numbers of atrocity: I insist that the death penalty solves nothing! Perhaps a desire to remedy the evil with another evil. We note that the countries that acceded to this form of trial, got nothing, nothing that has been subsumed in the category 'less violent', and what is worse: it creates an expectation on the part of citizens that with the death, the criminals 'pay' for their crimes. I insist that the death penalty does not inhibit any crime, looking at the number of cases that appear in the news: cruel, inhumane and detrimental to mankind, these crimes should and must be punished; the criminals' conviction need not imply an 'appropriate' death penalty. Or am I mistaken? Death should not be viewed as a form of punishment and this article reflects the humanistic view. It is not about defending criminals, but rather adapting human behavior through a strategy of laws and rules that must be enforced. From Claudia Sinibaldi, law graduate and post-graduate degree in politics and international relations.
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1 - Rapist Delroy Grant jailed after 17-year reign of terror - click here.
2 - News Corp. said to approach Vevo.com about Myspace joint venture - click here.
3 - Supreme Court to decide whether religious school teachers may sue for discrimination - click here.
4 - Lawyer, firm file suit over "false review" - click here.
5 - Jury finds D.C. cops unlawfully arrested woman for questioning authority - click here.
6 - GSI going... going... sold to eBay for $2.4 billion - click here.
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China 'to overtake US on science' in two years
China is on course to overtake the US in scientific output possibly as soon as 2013 - far earlier than expected. The country that invented the compass, gunpowder, paper and printing is set for a globally important comeback. In 1996, the first year of the analysis, the US published 292,513 papers - more than 10 times China's 25,474. By 2008, the US total had increased very slightly to 316,317 while China's had surged more than seven-fold to 184,080. The figures are based on the papers published in recognised international journals.
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Inversiones
Magnate italiano, Carlo de Benedetti, invertirá US$ 300 mlls. en Colombia. Las condiciones para la inversión extranjera, la posición estratégica en la Región y el crecimiento del sector minero-energético fueron razones suficientes para que el empresario decidiera poner sus ojos en ese país.
(Presione aquí)
Acuerdo
Grupo chileno Luksic acuerda elevar hasta 20% su participación accionaria en francesa Nexans. A través de Madeco filial de Quiñenco- el conglomerado firmó un acuerdo en virtud del cual la chilena podrá aumentar su participación accionaria en la multinacional, una de las más importantes a nivel mundial en la fabricación y comercialización de cables.
(Presione aquí)
Coca –cola
La embotelladora mexicana Coca-Cola FEMSA cerró la transacción conjunta con The Coca-Cola Company para adquirir el Grupo Industrias Lácteas en Panamá, compañía que facturó en el último año US$ 140.9 mlls.
(Presione aquí)
DOJ's Civil Rights chief vows to protect Muslims
Assistant attorney general Thomas Perez said today that religious discrimination against muslims has similarities to past rampant discrimination against catholics and other groups, and he vowed that the U.S. Justice Department would try to stop it.
Health insurance is not 'commerce'
A single erroneous Supreme Court precedent from 1944, South-Eastern Underwriters, should be overturned.
Plaintiffs' immigration status 'irrelevant' to their wage claims, judge rules
A Boston federal judge has called the question of whether two plaintiffs are illegal aliens "irrelevant" to their Fair Labor Standards Act claims about unpaid wages and their "suitability" to lead a class.
Virginia Tech fined over 2007 campus shooting response
The $55,000 fine was the most the U.S. Department of Education could levy. Department officials said the school waited too long to notify students during the 2007 rampage in which 32 students and the gunman were killed. A university spokesman said the school would appeal. The education department said the school broke federal law when it waited two hours after the first killings to warn students of a gunman on campus.
Facebook drops 'intifada' page for promoting violence
Facebook has removed a page calling for a new palestinian uprising against Israel after more than 350,000 people signed up to it. The page which appeared on the social networking site was called Third Palestinian Intifada after two previous uprisings against Israeli occupation. It was removed for featuring calls for violence, a company spokesman said.
Portugal and Greece downgraded on debt worries
Ratings agency Standard & Poor's has downgraded struggling Greece and Portugal on further debt worries. The downgrades left Portugal one notch above junk rating and Greece's creditworthiness below that of Egypt. S&P cut Portugal by one notch to BBB-, having slashed its rating last week after Lisbon's government fell. Greece was cut by two notches to 'BB-', the latest in a series of downgrades.
As bulging client data heads for the cloud, law firms ready for a storm
Perhaps no case could be a more monumental example of the reality of modern e-discovery than the ongoing Viacom copyright infringement lawsuit against YouTube filed back in 2008. In that dispute, the judge ordered that 12 terabytes of data be turned over. "People often say that one terabyte equals 50,000 trees, and 10 terabytes would be the equivalent of all the printed collections of the Library of Congress," says Matthew Knouff, who is general counsel of Complete Discovery Source, a NY City-based electronic discovery services provider. For the Viacom/YouTube case then, the demand was for the printed equivalent of the entire Library of Congress. And then some. Experiences like these have left law firms and in-house attorneys scrambling to make sense of the new risks associated with the seemingly endless data produced by emerging technologies like cloud computing and social media—first as a way to get their own house in order and second as a sorely needed service for the vulnerable corporations employing them. Last year a study by the Deloitte Forensic Center—a think tank that explores ways to mitigate the effects of illegal and unethical business practices—found plenty of concern over corporations' ability to handle the e-discovery demands of social media. Even more disturbing was Deloitte's finding that only 9 percent of businesses surveyed believed they were well-prepared to electronically capture and store digital information generated on cloud computing programs or on software-as-a-service applications such as those found at Salesforce.com. Meanwhile new technologies are forcing law firms to wrestle with previously unimagined concerns, including improbable imponderables such as: "If someone sends a disappearing e-mail and no one reads it, have any codes of ethics been violated?" Essentially, technology's inexorable drive to permeate every pore of our existence in ever more complex, far-reaching ways seems destined—at least to some who follow e-discovery most closely—to forever change the nature of the law. One of the greatest worries associated with data created within or ported from outside the walls of the workplace is the loss of control that comes with the package. Sure, in many ways cloud computing seems neat. With mobile phones, everyone gets to feel a bit more like Capt. Kirk, and technologies like disappearing e-mail possess an inarguable panache. But with each step forward, the sense that the data generated by these devices can quickly become your enemy grows ever more immediate. And yet even as it seems that technology presents more ways to suffocate litigation or spill secrets, e-discovery firms and analysts are developing ways to collect, organize and protect sensitive data no matter where it is created or by whom.
Remember: Backing up your data should not be viewed as a best practice, but as a requirement.
Chavez wins Argentine media award
Venezuelan president Hugo Chavez receives a press freedom award in Argentina, angering critics who accuse him of stifling opposition media in Venezuela.
Wal-Mart 'sexism' case before US Supreme Court
The US Supreme Court has been hearing evidence on whether the largest sex discrimination lawsuit in American history should go ahead. A group of women is suing the world's biggest retailer, Wal-Mart, claiming they were held back because of their gender. They want to bring a class action suit on behalf of more than a million women. Wal-Mart denies the allegations and says it promotes women employees and pays them well.
Summer associate's difficult decision: corporate or litigation?
Soon-to-be summer associates are struggling with a decision over practice areas. The dilemma: Does corporate law or litigation offer better opportunities? There are better in-house opportunities for those who pursue corporate law. "Corporate probably increases your in-house marketability five- to tenfold." "Most, if not all, major litigation is farmed out to outside counsel." Corporate lawyers also get more responsibility earlier in their careers, and they have a slight advantage in the partnership sweepstakes. But corporate lawyers may be the first to be laid off in a recession. Yet, summer associates should choose the area he or she will most enjoy—and then should start working on rainmaking skills.
Some Federal Courts ban smartphones because they could be bombs
Some federal courthouses ban smartphones because of fears that could be used as weapons by terrorists. A memo issued last week by the Administrative Office of the U.S. Courts outlines the dangers. "These common devices present security issues because some can be and have been converted for use as weapons, including explosives." There are other issues: Smartphones can be used to secretly record or transmit videos of court proceedings, and they can be used by jurors to research case details on the Internet.
BP laptop with claimants' personal data disappears
Roughly 13,000 people who filed claims after the Gulf oil spill had personal information stored on the computer. The laptop was password-protected, but the information was not encrypted. A spokesman for the oil company said an employee lost the laptop March 1 during a business trip.
Nokia files new round of patent suits against Apple
Finnish telecommunications company Nokia announced Tuesday that it filed another complaint against Apple with the US ITC - International Trade Commission in addition to a lawsuit filed in Delaware. Nokia's newest complaint alleges Apple is violating seven patents "in virtually all of its mobile phones, portable music players, tablets and computers ... in the areas of multi-tasking operating systems, data synchronization, positioning, call quality and the use of Bluetooth accessories." The complaint comes in response to the ITC determination that Apple did not violate the patents involved in Nokia's original complaint filed in October 2009.
UN prosecutors demand life sentence for ex-Yugoslav army chief
UN prosecutors on Tuesday demanded that ex-Yugoslav army chief Momcilo Perisic receive a life sentence for war crimes and crimes against humanity. Perisic is on trial before the ICTY - International Criminal Tribunal for the former Yugoslavia, charged with eight counts of crimes against humanity and five counts of war crimes. The charges include murder, persecution on grounds of politics, race, or religion, and unjustified attacks on civilians in the early 1990s in conflicts with Croatia and Bosnia and Herzegovina. As well as being held individually responsible for these acts, Perisic was also charged with command responsibility for the actions of his subordinates under Article 7(3) of the ICTY Statute. Closing arguments are expected to conclude this week.
Federal appeals court upholds secrecy provision of whistleblower law
The US Court of Appeals for the Fourth Circuit dismissed a claim led by the ACLU - American Civil Liberties Union upholding secrecy provisions of a federal whistleblower law. The case involved the Civil War-era FCA - False Claims Act, which includes provisions authorizing private citizens, dubbed qui tam relators, to sue on behalf of the US accusing federal contractors of fraudulent claims against the government. The ACLU, together with the GAP - Government Accountability Project and OMB Watch, brought a facial constitutional challenge against the secrecy provisions of the the FCA that require the complaint to be sealed for up to 60 days so the government can decide whether to intervene and allow the government to move the court for extensions.
Israel parliament gives courts power to revoke citizenship
Israel's Knesset passed a law Monday giving courts the power to revoke the citizenship of those convicted of treason, spying, aiding the enemy or terrorism. The law, initiated by members of nationalist party Israel Beytenu, passed by a vote of 37-11. Israeli Foreign minister Avigdor Lieberman repeated his campaign slogan of "no loyalty, no citizenship," adding that the law would help deal with those who take advantage of democracy to undermine it. Previously the state could strip citizenship from convicts only through the interior ministry. Opponents of the law in the Knesset called it fascist during debates and claim it targets Israel's Arab minority.
FTC fines Toys 'R' Us for violating settlement agreement
Toys "R" Us has not been playing nicely with others. So says the Federal Trade Commission, which fined the company $1.3m for violating a 1998 order governing its dealings with its suppliers.
Kosovo presidential election ruled unconstitutional
Kosovo's Constitutional Court on Monday declared last month's presidential election of Behgjet Pacolli unconstitutional. The decision comes after a complaint was filed by opposition parliamentarians who alleged irregularities in the voting process by which Pacolli was elected. The court declared the election unconstitutional by a majority vote with two judges dissenting. The court found that the election was contrary to the requirements of Article 86 of the Constitution of the Republic of Kosovo, which sets out the process for presidential elections, and "the democratic principles enshrined therein." It is uncertain whether the newly elected president must resign or if parliament will conduct another vote.
An old law for a modern case
Prosecutors may look to a 173-year-old maritime law to bring manslaughter charges against individuals involved in the Deepwater Horizon disaster, adding to a legal arsenal that already includes the federal Clean Water Act. Attorneys familiar with the government investigation of the deadly accident and spill told that the possibility of bringing charges of involuntary manslaughter against individuals has been on the table since the investigation began. The burden of proof to win a conviction of seaman's manslaughter — which is based on a law from the 1830s - is lower than for regular manslaughter. The sentence could be up to 10 years in prison. It has been reported since early in the spill investigation that companies involved could face criminal charges under the Clean Water Act.That law also exposes individuals to criminal liability - even if they were not directly involved or aware of an incident - under the "responsible corporate officer doctrine" that has developed through many years of case law.
Pernod loses Havana Club appeal fight with Bacardi
Pernod Ricard SA the world's n° 2 spirits maker, lost a federal appeals court ruling on Tuesday over the right to use the name "Havana Club" on rum sold in the U.S. market. The decision, handed down by the U.S. Circuit Court of Appeals for the District of Columbia, affirms an earlier court ruling that found that Cubaexport -- a Cuba state-owned company -- does not have the right to sell Havana Club rum in the United States, since its trademark expired and limits on U.S. trade with Cuba prevent the renewal of the trademark.
Obama does not rule out ruling arming Libyan rebels
Al Arabiya, Online news, Dubai, United Arab Emirates
Adil Abdul-Mahdi withdraws vice-presidential candidacy - Adviser
Asharq Al-Awsat, Pan-Arab daily, London, England
Syria's Assad to introduce political reform amid national unrest
Haaretz, Liberal daily, Tel Aviv, Israel
Japan: Radiation levels exceed 'legal limits'
Nahamet, Online news portal, Beirut, Lebanon
Western forces resume military operations amid reporters of protesters' advance into Sirte
Sana, Syrian Arab News Agency, Damascus, Syria
UN food body envoy stresses need for N. Korea aid
Times of Oman, English-language daily, Muscat, Oman
AlJazeera news loses credibility in Yemen
Yemen Observer, Sana'a, Republic of Yemen
Japan to scrap stricken reactors
BBC News, Centrist newscaster, London, England
Diplomats unite against Gadhafi
CNN International, London, England
Suicide bomb kills Islamist backers
Daily Express, Conservative tabloid, London, England
LIBYA: World powers debate arming Libyan rebels
France 24, Issy-les-Moulineaux, France
From the archive, 28 March 1968: Danger of using force in Rhodesia
Guardian The, Liberal daily, London, England
Turkish press scan for March 30
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
'Suicide squads' paid huge sums amid fresh fears for nuclear site
Independent The, London, England
Syria awaits president's address
Irish Times The, Centrist daily, Dublin, Ireland
Dutch Court says lawmaker hate speech trial to continue
Radio Free Europe, Prague, Czech Republic
Libya: Rebel push stalls without airstrikes
Sky News, Independent newscaster, Middlesex, England
Shortage of RAF pilots for Libya as defence cuts bite
Telegraph The, Conservative daily, London, England
Radioactive iodine in sea near Fukushima 3,000 times above norm
Antara News, News agency, Jakarta, Indonesia
Tax hike among options to meet quake costs: Japan PM
China Post, English-language daily, Taipei, Taiwan
From Afghanistan to Libya: divided Nato faces new test
Daily Jang, Left-wing daily, Karachi, Pakistan
Smartphone market to grow 50 per cent in 2011: IDC
Dawn, English-language daily, Karachi, Pakistan
Australian diplomats saw attacks on students as racially driven
Hindu The, Left-leaning daily, Chennai, India
Singh's cricket diplomacy no googly: Gilani
Hindustan Times, New Delhi, India
Ticket racket in Sonias office: Kerala Cong leader
India Express, News portal, Mumbai, India
Woman, lover held for killing husband
India Times, Conservative daily, New Delhi, India
How the world can assist Japan
Japan Times, Independent centrist, Tokyo, Japan
Jury retires in Tonga ferry sinking trial
New Zealand Herald, Conservative daily, Auckland, New Zealand
UN official warns of slow process of government formation in Lebanon
People's Daily Online, English-language, Beijing, China
Malaysia's 1st gay film makes profit in 5 days
Sify News, Chennai, India
IV infections examined after 9 US hospital deaths
Straits Times, Pro-government, Singapore
TEPCO president hospitalized in Tokyo
Taiwan News, English-language daily, Taipei, Taiwan
Taiwan's aging society raises questions on long-term care
Taiwan Today, Government Information Office, Taipei, Taiwan
Speaker, mayor protest Jharkhand's encroachment drive
Thaindian News, Bangkok, Thailand
Bali bomb suspect arrested in Pakistan: Indonesia
Times of India, Conservative, New Delhi, India
May not welcome in leaders' debates: networks
Canadian Broadcasting Centre, Toronto, Ontario
Homegrown food alternatives sought for Jamaica's tourism industry
Caribbean360, Online news portal, St. Michael, Barbados
Fresh from scandal, Dominican Senate debates anticorruption bill
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
GUATEMALA: Evictions of native families add fuel to fire over land acces
IPS Latin America, International cooperative of journalists, Rome, Italy
Fukushima Daiichi's radioactive legacy
Maclean's, Centrist newsmagazine, Toronto, Canada
Japan to upgrade nuclear safety standards after plant disaster
Reuters, New York, U.S
'I'm in this battle for Canadians,' Ignatieff says
Toronto Star, Toronto, Ontario
Cousins charged in Cumuto kidnapping
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Zsa Zsa Gabor has been rushed to hospital
Vancouver Sun The, Conservative, Vancouver, Canada
Militiamen sent to testify in warlords trials at ICC
CongoPlanet.com, Independent online news aggregator
Japan on 'maximum alert'
iafrica, Online news portal, Cape Town, South Africa
OLF calls for Ethiopia's youth to unite and remove Meles regime
Jimma Times, Online news portal, Jimma, Ethiopia
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