March 25, 2015 nº 1,609 - Vol. 11

"It took me years to understand that words are often as important as experience, because words make experience last."

William Morris

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

FCC facing first lawsuits over 'net neutrality'

The Federal Communications Commission (FCC) faced its first challenges to its new Open Internet (net neutrality) Monday. USTelecom, an industry trade group, and Alamo Broadband, a Texas-based internet provider filed suit in Washington and New Orleans, respectively. According to the FCC, the basis of net neutrality is to "protect free expression and innovation on the Internet and promote investment in the nation's broadband networks." In doing so, the rules have prohibited "blocking," "throttling," and "paid prioritization," thus "regulat[ing] broadband Internet access service." Alamo argues that the new rules are "arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act" and are contrary to "constitutional right" as well as controlling law.

For banks 'too big to jail,' prosecutors count on a promise to behave

Last week, a top Justice Department official issued a tough warning to banks and other corporations that repeatedly commit crimes. She said US officials could do away with their deferred-prosecution agreements. Such deals allow companies that have broken the law to escape criminal convictions by promising to clean up their act. It may not always seem like it but in recent decades US officials have charged a lot more companies with crimes such as bribery, insider trading and fraud. And that has raised a question: How do you punish a company that's done wrong? Criminal convictions can be a death sentence for big companies, as the 2002 guilty verdict of Arthur Andersen showed. So US officials have increasingly turned to the deferred prosecution agreement. It works like this: Prosecutors hold off on charging a company with a crime. In return, the company promises to reform, and in most cases also promises to cooperate with investigators and pay a big fine.

Supreme Court rules incorrect opinion not an 'untrue statement'

The US Supreme Court their ruled Tuesday in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund that a statement of opinion does not qualify as an "untrue statement" even if the opinion ultimately turns out to be incorrect. The federal government filed a claim against Omnicare, a pharmacy services company, for allegedly receiving kickback payments from pharmaceutical manufacturers. This prompted members of a pension fund that purchased Omnicare stock to sue the company under Section 11 of the Securities Act of 1933. In their complaint, the pension fund members argued that Omnicare's statements of legal compliance were both material and untrue, and that the company omitted certain necessary facts. The court in its decision distinguished statements of fact and statements of opinion, finding that Section 11 of the act deals only with untrue statements of fact. Because the statements were opinion and not fact, the court found no liability under Section 11. The court held that there was no requirement to show subjective disbelief in the statements since the statements at issue were expressions of opinion. The court held, however, the the lower courts had examined the issue under the wrong standard, and remanded the case to determine whether Omnicare may be liable for misleading through omission.

Utah governor signs bill reinstating firing squad option for executions

Utah Governor Gary Herbert signed a bill on Monday to restore the firing squad as a method of execution, making Utah the only US state with the option. The legislation, which was approved by the state's senate earlier this month, allows for the use of a firing squad if drugs used for lethal injections are unavailable.

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

Migalhas International brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". So, before you open the door to the boardroom, click here and peek through the keyhole!

  • Crumbs

1 - Ted Cruz Announces 2016 GOP Presidential Bid - click here.

2 - Greeks Investigate Statistics Chief Over Deficit Figure - click here.

3 - Apple Opens Up to Praise New Book on Steve Jobs, and Criticize an Old One - click here.

4 - France rejects imposing a ban on skinny models - click here.

_____________

100% Migalhas: www.migalhas.com

_____________

  • MiMIC Journal

Italian tyre maker Pirelli to be bought by ChemChina

Chinese state-owned China National Chemical (ChemChina) is to buy Italian tire maker Pirelli in a deal which values the firm at €7.1bn .The move is the latest in a string of takeovers in Italy by cash-rich Chinese buyers. The takeover gives ChemChina access to technology to make premium tires and gives Pirelli greater access to the Chinese market.

Do-Si-Don't: China To Regulate Outdoor Square-Dancing

Older women in China are known to gather in public spaces and dance, but reports say the practice has gotten too loud and the neighbors are complaining.

_____________

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

_____________

  • Historia Verdadera

HSBC

El Senado de Brasil instaló una Comisión Parlamentaria de Investigación para analizar las denuncias sobre cuentas de ciudadanos brasileños no declaradas en la filial suiza del banco HSBC, en el caso conocido como "Swissleaks". (Presione aquí)

Desvío de fondos

La autoridad tributaria de Chile presentó una denuncia formal contra la minera SQM por delitos tributarios y otros contribuyentes que facilitaron documentación falsa, en el marco de una investigación por desvíos de fondos a campañas políticas. (Presione aquí)

Arbitrajes

Las empresas están abandonando las cortes de arbitraje europeas en favor de EE.UU porque entienden que la Comisión Europea se entromete en algunos laudos - sobre todo, aquellos referidos a asuntos de energía -, según reveló el diario español Expansión . (Presione aquí)

Compras

La fabricante chilena de explosivos Enaex suscribió un acuerdo de negociación exclusiva con miras a adquirir la firma francesa de detonadores Davey Brickford, que tiene presencia en Australia, Estados Unidos, Chile y Perú. En la carta enviada al regulador local de valores, Enaex, no especificó los detalles de la oferta presentada por la compañía francesa.

  • Brief News

Facebook data row reaches top Euro court

The future of how Europeans' data is shared with US companies such as Facebook and Google is set to be considered by the EU's highest court. Revelations by whistleblower Edward Snowden showed agreed privacy practices were being ignored by Facebook and others. The current Safe Harbour deal, which allows the transfer of data to US firms, is likely to be scrapped. The result of the proceedings could have wide implications for all US firms dealing with Europeans' data, including the likes of Twitter, Google, Microsoft and Yahoo. It centers around the Safe Harbor agreement, in place since 2000, which allows US firms to collect data on their European users as long as certain principles around storage and security are upheld. It means user data gathered in Europe can easily be stored legally in data centers within the US. Those principles include giving adequate notice to users that their data is being collected, and suitable transparency over how it can be accessed and by whom.

Obama says prospects for Israeli-Palestinian peace are 'dim'

Obama says prospects for a two-state solution in the Middle East are "dim" after the Israeli prime minister vowed to oppose a Palestinian state. Netanyahu's statements angered the White House, even though he has since tried to soften his remark. Tensions between the US and Israel have been growing as the leaders have wrangled over a number of issues. But Obama described his relationship with Netanyahu as "businesslike."

Greek ex-minister guilty of tampering with tax list

Former Greek Finance Minister George Papaconstantinou has been found guilty of removing relatives' names from a list of potential Greek tax evaders. But the charge was reduced to a misdemeanor, and he received a one-year suspended prison sentence, escaping a longer term. He was acquitted of a second charge of breach of trust. The "Lagarde list" of HSBC bank account holders caused outrage in Greece as it faced its economic crisis. Greek governments have been accused of not fully investigating the list, which was given to Athens in 2010 by the then French Finance Minister Christine Lagarde. The country's new leftist-led government of Prime Minister Alexis Tsipras has promised to crack down on tax evasion.

Uruguay will no longer grant asylum to Guantanamo prisoners

The new Uruguayan government says it will no longer grant asylum to prisoners from the Guantanamo Bay detention center. In December, Uruguay gave sanctuary to six Arab men who had been held at the US base in Cuba for 12 years.

Indiana set to enact 'religious freedom' bill

The governor of Indiana is poised to enact a "religious freedom" law, which opponents say will give state businesses a license to discriminate against gay and lesbian customers. Supporters say the bill prevents the state from forcing people to provide services contrary to their religion. Similar bills are being considered across the US as court rulings have made gay marriage legal in more states. Demonstrations supporting both sides have drawn hundreds of people to Indianapolis, Indiana's state capital and largest city, in recent weeks.

Bankruptcy could give customer data to the highest bidder

The phone numbers, e-mail addresses, and shopping habits of more than 100 million customers are part of RadioShack's bankruptcy auction. For RadioShack itself, the stakes are enormous. The bankruptcy court might not approve the deals, and there have already been two legal filings in attempts to block the sale of customer data. The broader challenge, filed last week by Texas Attorney General Ken Paxton, argues that RadioShack made an explicit promise to its customers not to sell their personal data. AT&T is also trying to stop RadioShack from sharing some of its consumer data for a different reason: The wireless carrier believes the information isn't RadioShack's to sell.

Feds claim Obamacare launch is hindering government transparency

A heavy workload caused by the Affordable Care Act, government technology limits and staff shortages are causing unusually long delays in filling public records requests, federal health officials say. The waits in some cases could stretch out a decade or more. The Freedom of Information Act requires federal agencies to respond to records requests in 20 working days, though providing documents often takes much longer. The FBI, for instance, recently reported that complex requests could average more than two years to fill.

Calif. lawyer proposes ballot initiative to kill gays and lesbians

The "Sodomite Suppression Act" is unlikely to get a vote, but it's making waves in the Golden State, where all it takes is $200 and a few hundred thousand signatures to get on a ballot.

AIG to pay nearly $1 billion to shareholders in class-action settlement

A judge for the US District Court for the Southern District of New York gave final approval Friday to a $970.5 million settlement for shareholders of the insurance giant American International Group (AIG) to settle claims that shareholders were misled about the subprime mortgage exposure that led to a liquidity crisis and over $180 billion in federal bailouts. In one of the largest class-action settlements to come out of the 2008 financial crisis, the judge noted that no potential class member objected to the terms of the deal, leading her to determine it was "fair, reasonable and adequate.

  • Daily Press Review

No survivors from German airliner crash in French Alps
Al Jazeera, Doha, Qatar

My version of Zionism is now beyond the pale
Haaretz, Liberal daily, Tel Aviv, Israel

Alps plane search operation resumes
BBC News, Centrist newscaster, London, England

Investigators evaluate clues in loss of Airbus A320
CNN International, London, England

Alexandra Park nearly suffers a wardrobe malfunction at The Royals premiere
Daily Mail, Conservative daily, London, England

SARAH VINE: Skirt of the season? Pull the other one, M&S†
Daily Mail, Conservative daily, London, England

Tunisia's Bardo museum reopens for officials, a week after militant attack
EuroNews, International news, Ecully Cedex, France

Germanwings crash: Cause still complete mystery
France 24, Issy-les-Moulineaux, France

Spray paint on ancient rocks elicits reaction
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Obama to slow troop withdrawal from Afghanistan to help maintain stability
Independent The, London, England

Germanwings crash: mother from Manchester and baby son feared dead
Telegraph The, Conservative daily, London, England

What next for Jeremy Clarkson?
Telegraph The, Celebrity news, London, England

Ma charters plane to pay respects to Lee
China Post, English-language daily, Taipei, Taiwan

Korea Fares Poorly in Managing Social Conflict
Chosun Ilbo, Conservative daily, Seoul, South Korea

Dday for Amanda Knox as Italys top court to rule on her conviction
Hindustan Times, New Delhi, India

Major fire breaks out at commercial complex in Mumbai
India Times, Conservative daily, New Delhi, India

Government continues Henoko base work, ignoring demand by Okinawa governor
Japan Times, Independent centrist, Tokyo, Japan

NY marks 25th anniversary of social club fire that killed 87
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

Oswals' Taj-on-Swan mansion to be demolished in Peppermint Grove
Sydney Morning Herald, Centrist daily, Sydney, Australia

BC-AP Americas Digest
Taiwan News, English-language daily, Taipei, Taiwan

Helicopter searches resume in Alpine jet crash
The Economic Times, Business, Mumbai, India

Obama: Possibility of two-state solution 'very dim' after Netanyahu's remarks
Canadian Broadcasting Centre, Toronto, Ontario

Counterterrorism squads prevent 230 suspected jihadis from leaving the country, Australia says
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

Salvadoran Maquila Plants Use Gang Members to Break Unions
IPS Latin America, International cooperative of journalists, Rome, Italy

Oil prices dip as U.S. inventory build drags
Reuters, Business News, New York, U.S

Thousands line Singapore's streets to pay respect to Lee Kuan Yew
Reuters, World News, New York, U.S

Canadian jets will hit targets in Syria under Tories' plan to expand mission
Toronto Star, Toronto, Ontario

Scores of Nigeria children 'missing'
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 2012 - Migalhas International