March 16, 2016 nº 1,720 - Vol. 13
 

"Never take counsel of your fears."

Andrew Jackson

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

Lula bis?

Isn't time Brazil moved on from its dismal situation ? Pervasive corruptions allegations at every level, that won't be solved anytime soon, depressed economic performances with long-term prognosis, make the titles of the daily press. One man, Lula, who put modern Brazil on the international map and helped millions out of poverty and gained worldwide reputation, beyond any other predecessors, including Fernando Henrique Cardoso, holds the solution to the current deadlock. Not really a 'fin de règne' fix, he can rekindle Brazil, give new perspectives, and get his country out of the ditch. His charismatic approach would certainly enlighten the somber days that his country is going through. And he would serve his country better in a Cabinet seat than in court.

US lawmakers pass resolution labeling Islamic State crimes 'genocide'

The US House of Representatives on Monday unanimously passed a resolution denouncing the actions of the Islamic State (IS) as "genocide" and calling for the establishment of international and domestic tribunals by UN member states. The resolution stressed that attacks on religious and ethnic minorities have been conducted with the intent to eradicate, displace and destroy these groups in "violation of local laws, the laws of war, laws and treaties that punish crimes against humanity, and the" The resolution also commended governments that have taken in refugees fleeing from such persecution and urged the prosecution of those responsible.

UN rights expert: economic inequality undermining human rights

The UN Independent Expert on foreign debt and human rights, Juan Pablo Bohoslavsky presented reports to the UN Human Rights Council Tuesday finding that economic inequality has a negative impact on financial crises and undermines human rights efforts. The first report focused on these topics and found a somewhat circular pattern, finding that economic inequality can contribute to financial crises but the measures taken to handle a crisis may enhance the inequality. It was also found that these situations can lead to a negative impact on human rights. The second was the "Final study on illicit financial flows, human rights and the 2030 Agenda for Sustainable Development of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights." Bohoslavsky stated, "[c]ombating tax abuse, and illicit financial flows more broadly, is essential to make better progress in realizing international human rights obligations.

"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 - The New York Times Just Bought a Hot Marketing Company - click here.

2 - Florida Inventor Demands Credit for Post-It Note in $400 Million Lawsuit - click here.

_____________

100% Migalhas: www.migalhas.com

_____________

  • MiMIC Journal

China parliament approves new five-year economic plan

China's parliament has ended its annual session by approving a new five-year economic plan, as Premier Li Keqiang says the country will push ahead with economic reforms. The plan aims to grow the world's second-largest economy by around 6.5 to 7% a year by 2020. Measures include cutting high debt, streamlining state-owned enterprises, and reforming financial markets. China has been facing a period of slower growth and market volatility.

Argentina sinks Chinese fishing boat

Argentina's coast guard says it has chased and sunk a Chinese vessel which was fishing illegally in Argentine waters on Monday. In a statement, the coast guard said one of its vessels had fired warning shots at the Lu Yan Yuan Yu 010 as it headed for international waters.

Bounty hunter tracks Chinese companies that dupe investors

Robert W. Seiden has built a legal specialty representing American investors who are suing Chinese companies saying that they were swindled.

_____________

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

_____________

  • Historia Verdadera

Coca-Cola

Los accionistas minoritarios de la embotelladora Corporación Lindley en Perú solicitan el desquite de acciones de inversión de la compañía Arca, embotelladora de la multinacional – Coca-Cola. Aalegan que sus derechos fueron vulnerados en la venta de una participación mayoritaria a la mexicana.

(Presione aquí)

Pesca Ilegal

La autoridad marina de Argentina hundió un buque originario de China que se encontraba pescando ilegalmente en el mar Atlántico sur, a la altura de la ciudad patagónica de Puerto Madryn. El buque, de bandera china e identificado como Lu Yan Yuan, fue detectado por los radares pescando en la denominada Zona Económica Exclusiva Argentina. Cuatro tripulantes fueron rescatados por la naval.

China – Brasil

La china CNOOC está interesada en adquirir una participación minoritaria de la petrolera brasileña Petrobras en la compañía de petroquímicos Braskem. Importantes compañías de químicos internacionales habrían mostrado interés por el 36% de participación del capital total de Braskem. Las conversaciones siguen siendo preliminares.

  • Brief News

Lula said to agree in principle to take Brazil cabinet post

Luiz Inacio Lula da Silva, the former Brazilian leader facing criminal charges in a sweeping corruption probe, has agreed in principle to join President Dilma Rousseff’s cabinet, according to a person close to the discussions. Inviting the iconic, and controversial, politician to join her cabinet underscores the dire straits Rousseff is in as she faces the worst recession in over a century and struggles to fight off growing calls for her impeachment. The strategy runs the risk of backfiring, as it ties her fate to that of her mentor’s. It’s also prompting accusations that he’s trying to protect himself from prosecution in the corruption probe, considering ministers enjoy special legal status. Rousseff and Lula met Tuesday evening in Brasilia to discuss the matter, including the terms of the new position and the strategy for announcing the news.

Google calls on US to shake-up self-driving car laws

Google's self-driving car chief has urged lawmakers to ensure the US sets consistent laws for the technology. Chris Urmson told a Senate hearing that the US Transport Secretary should be given authority over the matter rather than leaving it to individual states. He also reiterated his company's view that it would safer if passengers were not able to override a vehicle's autonomous systems. That contrasts with the view of California's regulator. The state's Department of Motor Vehicles published draft rules in December that said a trained human must still be able to take control.

Breivik gives Nazi salute in court return to challenge jail isolation

Jailed Norwegian mass murderer Anders Behring Breivik has given a Nazi salute upon returning to court to argue that his isolation violates his rights. The right-wing extremist says he is being held in inhuman conditions but the state rejects this. He was sentenced to 21 years in prison in 2012. Tuesday's hearing, in a prison gym converted into a court, marks his first public appearance since then.

Russian state TV backs 'anti-establishment' Trump

A top presenter on Russian state TV has come out firmly in favor of Donald Trump in his bid to become US president, hailing him as an "anti-establishment" candidate who is ready to co-operate with Moscow. Russian state TV has regularly shown sympathy towards Mr Trump, especially after his apparently complimentary remarks about President Vladimir Putin. But it is only in the last week or so that it has started to unequivocally praise him.

Cyprus threat to EU-Turkey migrant deal

Cypriot President Nicos Anastasiades has rejected the terms of an EU offer to Turkey to resume membership talks, jeopardizing a deal to send back migrants landing on the Greek islands. The short boat trip from Turkey has become the most popular route to the EU for migrants and refugees. Turkey agreed last week to take back the new arrivals in return for EU concessions. But Cyprus has said that Turkey will have to agree concessions of its own.

Brazil Senator Amaral says government tried to buy his silence

A Brazilian senator charged with trying to obstruct a major corruption investigation has accused Education Minister Aloizio Mercadante of offering him money in exchange for his silence. Senator Delcidio Amaral has made the accusations as part of a plea bargain with the chief prosecutor's office. He has said he will reveal details of the corruption scheme at the state oil company, Petrobras, in order to get a more lenient sentence. Mercadante denies the allegations. "I never tried to stop him from signing a plea bargain. That is a right he has," said Mercadante, who rejected calls for his resignation. In Senator Amaral's testimony to prosecutors, he says Mercadante offered financial assistance in order to divert him from the idea of collaborating with the prosecution. Dilma Rousseff has also denied involvement, issuing a statement "vigorously rejecting" what she described as "a personal initiative" by Mercadante.

Apple on FBI iPhone request: 'the founders would be appalled'

Apple and the FBI head into a court hearing on March 22 in the dispute over access to a locked iPhone. In its last filing before then, Apple says the government is stretching laws to fit the case.

UK's contentious online spying law passes test in Parliament

A proposed British law that gives police and spies unprecedented powers to look at the Internet browsing records of everyone in the country passed its first major vote in Parliament on Tuesday. The country's interior minister, Home Secretary Theresa May, vowed its intrusive reach would be governed by "the strongest safeguards" against abuse. Opening a House of Commons debate on the contentious bill, May said the law would provide "unparalleled openness and transparency" about the authorities' surveillance powers. The Investigatory Powers Bill gives law enforcement officials broad powers to obtain Internet connection records — a list of websites, apps and messaging services someone has visited, though not the individual pages they looked at or the messages they sent. It also requires telecommunications companies to keep records of customers' Web histories for up to a year and to help security services gain access to suspects' electronic devices.

EU leaders urged to reject migrant deal with Turkey

Human Rights Watch (HRW) Executive Director Kenneth Roth on Tuesday expressed concern over the EU Joint Action Plan with Turkey, urging EU leaders to reject proposed elements due their "disturbing disregard for international law covering the rights of refugees, asylum seekers, and migrants." Roth's letter comes after Nils Muiznieks, the Council of Europe commissioner for human rights, stated that "the automatic forced return" to Ankara of any migrants crossing from Turkey to Greece by "irregular means" in exchange for accepting that amount of Syrian refugees directly from Turkey "is illegal and will be ineffective".

Lawsuit filed against city of Los Angeles for endangering homeless

A federal civil rights lawsuit was filed Monday accusing the city of Los Angeles of endangering homeless people. The lawsuit, which was filed in the US District Court in Los Angeles, alleges that the city has endangered the homeless by seizing and destroying their tents and bedding then releasing them into the cold without protection after wrongfully arresting the homeless population. The lawsuit was filed by Carol Sobel, the Legal Aid Foundation of Los Angeles and several private law firms. Ms. Sobel stated "the city's actions prove the definition of insanity -- repeating the same constitutional violations and thinking, somehow, it will come out differently each time." Ms. Sobel is referring to 2012 when the United States Court of Appeals for the Ninth Circuit ruled that the city of Los Angeles violated the Fourth and Fourteenth Amendments to the US Constitution when it seized and destroyed the abandoned property of homeless people. The suit asks the court to order the city to replace homeless people's blankets, tents, medication and important documents seized for any reason as well as seeking a temporary restraining order against the city's enforcement practices.

Volkswagen facing multi-billion dollar investor lawsuit in Germany

German law firm TISAB on Monday filed a lawsuit against Volkswagen AG on behalf of investors alleging a breach of duty to the capital market. The €3.255 billion lawsuit was brought in a German multi-regional court in Brunswick. The law firm filed a motion for a model case to initiate KapMuG-proceedings for the claims presented, which is akin to a US class action lawsuit. TISAB's parent firm TILP stated that Volkswagen did not agree to settlement. Several firms around the world are supporting the suit, including US-based firms, Kessler Topaz Meltzer & Check, LLP and Grant & Eisenhofer PA, as well as international investor protection firm DRRT and Ireland-based litigation funding company Claims Funding Europe Ltd.

Zuckerberg settles fraud suit for promise not to sue back

A fraud lawsuit against Mark Zuckerberg that had lingered for almost two years came to a swift end Tuesday, six weeks before the billionaire would have had to explain his version of events to a jury. The developer who sued the Facebook Inc. founder over a real estate deal agreed to drop the case in exchange for only a guarantee that Zuckerberg won’t sue him. The settlement marks an abrupt change of course for Mircea Voskerician as lawyers for both sides were preparing for an April 25 state court trial in San Jose. The suit revealed through e-mails the household business of Zuckerberg and his wife, as well as their financial adviser and real-estate agent, among others. The messages showed Zuckerberg had met with Voskerician and, the developer argued, supported his claim that the billionaire reneged on a promise to help him build his business. The real estate deal involved Zuckerberg paying for the rights to buy the property behind his Palo Alto, California, home for $1.7 million after Voskerician threatened to build a mansion that would have had a view of Zuckerberg’s home. Voskerician claimed that was a discounted price, saying he gave Zuckerberg a deal in exchange for introductions to a desirable pool of potential customers, Silicon Valley’s technology elite.

Twitter may dodge legal challenge to anti-recruiting pacts

An ex-Twitter Inc. engineer who sued over alleged gender bias probably won’t get to expand her case to challenge a contract provision barring departing employees from recruiting their colleagues. That would let Twitter and other Silicon Valley companies dodge a bullet because, while non-solicitation clauses are widespread in the technology industry, it’s questionable whether they are enforceable under California law, said Orly Lobel, a law professor at the University of San Diego. Allowing a challenge to Twitter’s provision “would be a positive development to signal to employers who pervasively continue to demand such contracts in California,” Lobel, who specializes in labor and employment issues, said in an e-mail. Silicon Valley’s use of contract agreements designed to keep people from poaching former colleagues have been the subject of intense scrutiny and court fights as companies compete for top prospects.

British authorities end criminal inquiry into currency markets

The Serious Fraud Office of Britain said it had “insufficient evidence” to pursue criminal charges for manipulation of foreign currency trading.

Local law schools climb US News annual rankings

Three of the Philadelphia region’s six schools climbed the US News & World Report annual law school rankings as legal educators continue to find their footing in the post-recession world. Law schools have grappled with declining enrollment but have sought ways to quench employers’ desire to have practice ready first-year lawyers while also trying to stay profitable.

  • Daily Press Review

Turkey sacks Ankara police chief after suicide bombings
Al Jazeera, Doha, Qatar

MPs approve Osborne's budget rules
BBC News, Centrist newscaster, London, England

Israeli-Palestinian violence: What you need to know
CNN International, London, England

Heidi Klum is 'mom and a dad at the same time' since her split from Seal in 2012
Daily Mail, Conservative daily, London, England

Denmark's Princess Marie denies boob job after Her & Nu magazine claimed she had one
Daily Mail, Conservative daily, London, England

Tense times in Jerusalem
EuroNews, International news, Ecully Cedex, France

Israel seals off East Jerusalem after 'Day of Rage' attacks
France 24, Issy-les-Moulineaux, France

?? Sanat to present a rich program in its new season
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

'Blood moon' prompts Mormon announcement: This is NOT the end of the world
Independent The, London, England

Pompeii's pilferers punished with a curse from the gods
Telegraph The, Conservative daily, London, England

The Apprentice 2015: episode 1, live
Telegraph The, Celebrity news, London, England

Hung ouster in motion, Chu calls for party unity
China Post, English-language daily, Taipei, Taiwan

Up to 10 Million People Made Sick by Their Phones
Chosun Ilbo, Conservative daily, Seoul, South Korea

Pope Francis makes historic first US visit
Hindustan Times, New Delhi, India

Minister vows to return donations from firms involved in bid-rigging
Japan Times, Independent centrist, Tokyo, Japan

Financial services startup Square files for $275M IPO
New Zealand Herald, Conservative daily, Auckland, New Zealand

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

Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia

Nike says expects revenue of $50 bn by 2020
The Economic Times, Business, Mumbai, India

It's official ó the 1% finally own 50% of everything
Canadian Broadcasting Centre, Toronto, Ontario

New York teen dies after beating at church during 'counselling'
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

Wall St declines as Wal-Mart's weak forecast drags on retailers
Reuters, Business News, New York, U.S

Malaysia's embattled PM facing stern test as parliament returns
Reuters, World News, New York, U.S

Blue Jays cut lead to 2-1 against Rangers in Game 5
Toronto Star, Toronto, Ontario

US troops to help fight Boko Haram
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: [email protected]

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: [email protected]

Miguel Matos, publisher: [email protected]

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 2016 - Migalhas International