January 28, 2015 nº 1,588 - Vol. 13

"People will stare. Make it worth their while."

Harry Winston

____________

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

_____________

Get Migalhas International on your mobile

You can now read the newsletter on your mobile device, through the migalhas.com/mobile website. The content of the main sections is the same as that found on the newsletter, but optimized for small-screen displays on mobile devices. Migalhas International Mobile, advancing legal news.

_____________

  • Top News

On-demand workers: 'We are not robots'

Companies that rely on freelance labor describe their workers as micro-entrepreneurs. But lawsuits, protests and forums suggest that many flexible laborers feel less enthusiastic about the new work model. Current and former workers for Uber, Amazon Inc.'s Mechanical Turk and Handybook, better known as Handy, say on-demand work platforms give them little control over the terms of their labor, and complain that the contracts they're required to accept force them to shoulder personal and financial risk without the returns or advantages they'd hoped for. At issue for many is whether the contractors should be considered employees—a debate that has surfaced in recent court decisions as more large employers rely on contract work.

S.E.C. faces challenges over the constitutionality of some of its court proceedings

Defense lawyers say the Securities and Exchange Commission's push to bring more cases before its administrative law judges rather than in federal district courts is not just unfair but also unconstitutional. A recent push by the agency to bring more cases before its administrative law judges rather than filing charges in federal district court is drawing increased attacks from defense lawyers claiming that the entire process is not just unfair, but also unconstitutional. Those criticisms could call into question the legality of the process used by a number of federal agencies that have in-house judges who decide whether laws were violated.

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 - Nutella not a girl's name, French court rules -click here.

2 - Google Fined Over Abortion Ads as Putin Pushes Values - click here.

3 - C.I.A. Officer Is Found Guilty in Leak Tied to Times Reporter - click here

4 - Ten go on trial in France for 'exploiting' frail L'Oreal heiress -click here.

_____________

100% Migalhas: www.migalhas.com

_____________

  • MiMIC Journal

China accuses Alibaba of failing to curb fakes, bribes

Alibaba Group Holding Ltd. has a "credibility crisis" fueled by its failure to crack down on shady merchants, counterfeit goods, bribery and misleading promotions in online malls, the Chinese government said.

China sweetens visa policy to draw talent

China's expanding its programs to attract foreign talent as it focuses on innovation for future growth in its economy.

_____________

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

_____________

  • Historia Verdadera

Arbitraje

La constructora OHL y Qatar siguen adelante con su arbitraje por la ruptura el pasado verano del contrato para construir el hospital de Sidra, un proyecto cuyo presupuesto ascendía a 1.759 millones de euros. El proceso se está tramitando en la Cámara de Comercio Internacional y, a la espera de que Qatar Foundation presente la demanda definitiva, la empresa española reclama 783,5 millones de euros a las autoridades del país. (Presione aquí)

Acuerdo

La cancillería uruguaya informó que el acuerdo, firmado por el canciller interino, Luís Porto, y la embajadora de Japón, Keiko Tanaka, reforzará las condiciones favorables para incrementar las inversiones de ambos países. Porto afirmó que el tratado asegura un trato justo y equitativo a los inversores y complementa las políticas para el desarrollo de capacidades, el acceso a los recursos, la estabilidad social, política y económica. Actualmente, hay varias empresas japonesas operando en Uruguay y se estima que ahora podrá incrementar las inversiones o la localización de otras en Uruguay.

Clausurado

Las autoridades mexicanas ordenaron la "clausura total" de las obras de construcción del centro de negocios Dragon Mart, de capital chino y ubicado en el suroriental estado de Quintana Roo, por los daños ambientales causados en la zona. (Presione aquí)

  • Brief News

Auschwitz 70th anniversary

Auschwitz survivors have urged the world not to allow a repeat of the crimes of the Holocaust as they mark 70 years since the camp's liberation. "We survivors do not want our past to be our children's future," Roman Kent, born in 1929, told a memorial gathering at the death camp's site in Poland. Some 1.1 million people, mostly Jews, were killed there between 1940 and 1945, when Soviet troops liberated it.

Washington lawmakers propose bills to abolish death penalty

The Washington state legislature proposed bills on Monday to eliminate the death penalty. HB 1739 and SB 5639 are sponsored by Democratic Representative Reuven Carlyle and Republican Senator Mark Miloscia, respectively, and the bills will replace the death penalty with life imprisonment without opportunity for parole or early release for those convicted of aggravated first degree murder. This legislation would also require the convicted felons to work throughout their prison sentence to pay restitution to their victims' families. Last year Washington Governor Jay Inslee announced a moratorium on executions in the state, and these proposed laws seek to further this goal. Currently nine men are on death row in Washington. This legislation would make Washington the nineteenth state to eliminate the death penalty.

EU weighs more sanctions on Russia

EU leaders ask their foreign ministers to consider imposing further sanctions on Russia in response to the continued fighting in Ukraine.

US strengths buoy consumers but hurt corporations with business abroad

A growing number of big American multinational companies have begun to suffer from lower oil prices and a strong dollar.

Russia's credit rating is cut to junk by S&P

Russia's credit rating has been cut to junk – or below investment grade – by US ratings agency Standard and Poor's for the first time in a decade. S&P gave Russia a rating of BB+, which puts it at the same level as Indonesia and Bulgaria. This makes it harder for Russia to borrow money from investors. "We… see a heightened risk that external and fiscal buffers will deteriorate due to rising external pressures and increased government support to the economy," S&P said. Russia's economy has been in free fall since the middle of last year, when plummeting oil prices cut the income for its oil industry and the unrest in Ukraine led to international sanctions.

Child abuse and neglect laws aren't being enforced

Laws intended to protect children from abuse and neglect are not being properly enforced, and the federal government is to blame. That's according to a study by the Children's Advocacy Institute at the University of San Diego School of Law, which says children are suffering as a result. The numbers are grim. Almost 680,000 children in the United States were the victims of abuse and neglect in 2013. More than 1,500 of them died. Federal officials say they're encouraged that the numbers are lower than they were in 2012. But children's advocates say abuse is so often not reported that it's impossible to know if there's really been a decline.

Petrobras readies results to avert debt breach

Petroleo Brasileiro SA is set to release its long-delayed earnings report this week and investors want to know one thing: How much has Brazil's biggest-ever corruption scandal cost so far? Petrobras, the state-run oil producer embroiled in an alleged kickback scheme involving $23 billion of contracts, plans to post unaudited third-quarter results following a board meeting today. The company, which has posted negative free cash flow in every quarter since 2010, has twice delayed the release as it tries to calculate how big of a writedown it needs to account for losses from corruption.

Supreme Court rejects BP executive's appeal

The US Supreme Court on Monday denied certiorari in an appeal by David Rainey, a former British Petroleum (BP) executive. Rainey sought to contest the charge of obstruction of justice that arose when he misled Congress about the extent of the 2010 Deepwater Horizon oil spill. The charges against Rainey were dismissed by the district court but reinstated in June when the US Court of Appeals for the Fifth Circuit in New Orleans declared that the obstruction statute used against Rainey was misinterpreted.

Mexico authorities make arrest in connection to alleged massacre of students

Mexican authorities have arrested a hit man for the Guerreros Unidos gang in connection with disappearance and alleged massacre of 43 students from a teacher-training college in Ayotzinapa, in the state of Guerrero. The Mexican government believes the students were killed by the Guerreros Unidos gang after being handed over to the group by local police in the city of Iguala.

Number of exonerations last year reached new high

The National Registry of Exonerations says 125 people were exonerated in 2014 after being falsely convicted of crimes. The number surpasses the previous record of 91 set in 2013. The report noted that almost all exonerations for drug crimes across the US last year were for convictions based on guilty pleas.

Turkish court orders Facebook to censor pages insulting Prophet Muhammed

A Turkish court on Sunday ordered a ban on Facebook pages that contain materials insulting the Prophet Muhammed. The Golbasi Duty Magistrate Court ruled that Facebook would be blocked in Turkey if the order is not implemented. The Anadolu Agency, Turkey's official press agency, reported that the court order was forwarded to the Presidency of Telecommunication and Communication and to the Access Provider Association. Earlier this month, another Turkish court blocked web pages showing the cover of French satirical magazine Charlie Hebdo that features a cartoon of the Prophet Muhammad. (Click here)

Peru's Congress repeals law aimed at changing labor code for youths

Peru's Congress on Monday repealed a hotly contested law aimed at changing the labor code for youths. Labor unions and student groups allied with opposition politicians to overturn the law aimed at boosting hiring by suspending some social benefits for workers. Students say the law treated youths as second-class citizens. Government officials say the goal was to increase formal employment.

For foreign law firms in China, it's survival of the fittest

The gamble of doing business in China came into sharp relief this past week when one US law firm parted ways with China while another global firm took its relationship with the country to a whole new level. New York law firm Fried, Frank, Harris, Shriver & Jacobson LLP announced that it's shutting down its offices in Shanghai and Hong Kong in coming months. Meanwhile, global law firm Dentons unveiled plans to merge with mainland China's largest law firm, Dacheng. The moves underscore the pressure on law firms to succeed in China, where 170 other international firms with offices there compete not only with each other but with thousands of Chinese firms.

  • Daily Press Review

Mexico investigators say missing students killed
Al Jazeera, Doha, Qatar

Amr Moussa Considers Election Boycott
Asharq Al-Awsat, Pan-Arab daily, London, England

7; free offer continues
Haaretz, Liberal daily, Tel Aviv, Israel

Bin Mubarak's Release Would Help Reduce Tensions, Benomar
BBC News, Centrist newscaster, London, England

Find out why The Casual Vacancy got a Cotswolds village over-excited
CNN International, London, England

Major seawall fails; homes flooded by storm surge
Daily Mail, Conservative daily, London, England

Enemy review by Brian Viner
Daily Mail, Conservative daily, London, England

Revenge porn victim tells how her thug ex humiliated her online
EuroNews, International news, Ecully Cedex, France

Assad: Erdogan is 'personally responsible' for Syrian chaos
France 24, Issy-les-Moulineaux, France

After decades of Russian dominance, Belarus begins to reclaim its language
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

New bill gives Turkish PM power to shut down websites
Independent The, London, England

Journalists should not be ‘beneath the law', either
Telegraph The, Conservative daily, London, England

Taiwan orders parents to limit children's time with electronic games
Telegraph The, Celebrity news, London, England

Family of 'Bali Nine' convicts on death row rejects to comment
China Post, English-language daily, Taipei, Taiwan

Ma approves defense head's resignation
Chosun Ilbo, Conservative daily, Seoul, South Korea

Malaysia to release interim report on MH370 on March 7
Hindustan Times, New Delhi, India

New video of Islamic State captives despicable says Japan PM
India Times, Conservative daily, New Delhi, India

AirAsia Probe Vets Possible Computer Glitch, Crew Response
Japan Times, Independent centrist, Tokyo, Japan

New Islamic State demand: Prisoner swap or Goto dies in 24 hours, Jordanian pilot sooner
New Zealand Herald, Conservative daily, Auckland, New Zealand

This restaurant offers free food to beautiful women
Straits Times, Pro-government, Singapore

Ukraine President cancels trip over protests in eastern Ukraine
Sydney Morning Herald, Centrist daily, Sydney, Australia

Australian Open 2015 Men's Quarter-Final: Stan Wawrinka v Kei Nishikori
Taiwan News, English-language daily, Taipei, Taiwan

Tang Prize paves path toward brighter future
The Economic Times, Business, Mumbai, India

'American Idol' Winner Phillip Phillips Wants Out Of His 'Oppressive' Contract
Canadian Broadcasting Centre, Toronto, Ontario

US VP expresses support to Haitian President
Globe and Mail The, Centrist daily, Toronto, Canada

'It's a wicked storm': Blizzard dumps two feet of snow in Boston area
International Business Times, Business news organization, New York, U.S

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
IPS Latin America, International cooperative of journalists, Rome, Italy

Mailbag: Bread bag edition
Reuters, Business News, New York, U.S

Oil drops more than 1 percent on firm dollar, U.S. stock build
Reuters, World News, New York, U.S

Republican Men Are Mad At GOP ‘Females' For Objecting To National Abortion Ban
Toronto Star, Toronto, Ontario

The Fix: In which the mayor of New York reads The Onion's account of the great non-storm of 2015
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: michael@migalhas.com

Events

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

Sponsors

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

Subscription

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.

Contact

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.

Confidentiality

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. 

Sources

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.

www.migalhas.com

Copyright 2014 - Migalhas International