June 20, 2016 nº 1,756 - Vol. 13

"Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."

Blaise Pascal

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

FedEx: Justice Department dismisses charges over online pharmacy shipments

FedEx Corp. said the US Justice Department has dismissed all remaining criminal charges against the company over shipments from online pharmacies. In a 2014 indictment, the Justice Department accused FedEx of ignoring government warnings from as far back as 2004 that it was shipping drugs from internet pharmacies that weren’t legally prescribed. Charges against the company included conspiracy to distribute controlled substances. FedEx argued it was legally protected as a company that carries goods for the public. The company said it shipped more than 10 million packages a day and can’t police every one. A majority of the charges against FedEx were dismissed in March, as the judge said the government named the wrong defendant, resulting in charges being filed past the statute of limitations. A trial on the remaining charges had begun Monday in San Francisco. “FedEx is and has always been innocent,” the company said Friday. “The government should take a very hard look at how they made the tremendously poor decision to file these charges.” The Justice Department didn’t immediately respond to a request for comment.

UN: Brazil must advance business and human rights

Brazil must place more emphasis on remedying and preventing business-related human rights violations, according to a report presented Friday by the UN Working Group on Business and Human Rights. In its report, the Working Group focused upon several issues affected by business operations within the country, including the displacement of indigenous populations, increased death threats against human rights activists where "their rights are compromised by economic interests," and failure to effectively address both child and slave labor. Among the most notable issues were an attempt by the Senate to weaken the definition of slave labor and an injunction against publishing a "dirty-list." The Senate had attempted to remove provisions including "degrading working conditions and exhaustive working hours." Publication of the "dirty-list," which listed companies found to be using slave labor in their supply-chain, and banned said companies from gaining government contracts, was suspended in 2014 by the president of the Supreme Court's injunction, which is currently facing challenges by several human rights organizations. Brazil will likely continue to face publicized challenges to human rights violations on the cusp of the 2016 Olympics, set for this summer.

  • Crumbs

1 - HSBC agrees to pay a record $1.6bn to settle Household legal fight - click here.

2 - DiCaprio deposition ordered in 'Wolf of Wall Street' lawsuit - click here.

3 - Uber Rival’s $28 Billion Valuation Shows Size of China’s Ride-Sharing Market - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

China rules against Apple over iPhone patent claim

Beijing's Intellectual Property Office has ruled against Apple in a patent dispute brought by a Chinese handset maker. The iPhone 6 and 6S models are similar to Shenzhen Baili's little-known 100C phone, the authority ruled. In theory, this could lead to iPhone sales being halted in Beijing but sales continue as Apple has appealed to a higher court. The tech giant said the handset is still available throughout China.

China’s wary watch on Brexit

The view from China appears to be unanimous: Chinese leaders and business people want the UK to remain inside the European Union. To understand why this view is so strongly held, you have to grasp the scale of Chinese investment in the UK. There is a long list of British brands and companies that now have Chinese backers: Weetabix, House of Fraser, MG cars, London taxi cabs, Heathrow and Manchester airports. And the UK has become the second most popular destination for Chinese investment in Europe, second only to Italy. Many investors worry that those economic ties will be damaged if Brexit occurs.

Indonesian navy fires on Chinese fishing boat in disputed waters

China has accused the Indonesian navy of opening fire on a Chinese fishing boat in disputed fishing grounds. The incident happened on Friday near the Natuna islands, off the coast of Borneo in the South China Sea. China claims most of the South China Sea, where it is building islands and extending its infrastructure, and there are often flare-ups with regional neighbors with competing claims.


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


  • Brief News

David Cameron attacks 'untrue' Leave claims

David Cameron has urged people not to vote in the EU referendum on the basis of what he said were "completely untrue" claims from the Leave campaign. The PM dismissed warnings over an EU army, the prospects of Turkey joining and the cost of the UK's membership. He said the UK would be "a quitter" if it voted to leave. Vote Leave said the PM "just doesn't have the answers" and that people "do not believe him any more on the EU". Gloomy forecasts of pain from a breakup have not resonated with British voters amid a generally sunny economy. The referendum on whether the UK should stay in the EU or leave takes place on Thursday.

Brexit could end London’s reign as Europe’s financial hub

The change might mean fewer banks and lawyers in the area. As a result, the reasons to negotiate a workout in London and present it to a British court would decline.

Trump says US should consider profiling against crime

The presumptive Republican candidate in the US presidential election, Donald Trump, has suggested the country should consider using profiling to combat crime. Trump made the remarks when asked if he supported more profiling of Muslims in the US, in the context of last week's shooting at an Orlando gay club. He said other countries had "successfully" adopted the measure. Profiling uses ethnicity, race and religion to determine whether a person has or is likely to commit crimes. Critics say it could alienate Muslims.

Rio state declares 'public calamity' over finances

The Brazilian state of Rio de Janeiro has declared a financial emergency less than 50 days before the Olympics. Interim Governor Francisco Dornelles says the "serious economic crisis" threatens to stop the state from honoring commitments for the Games. Most public funding for the Olympics has come from Rio's city government, but the state is responsible for areas such as transport and policing. Interim President Michel Temer has promised significant financial help. The governor has blamed the crisis on a tax shortfall, especially from the oil industry, while Brazil overall has faced a deep recession. The measure could accelerate the release of federal emergency funds.

Algeria blocks social media to beat exam cheats

Algeria has temporarily blocked access to social media across the country in an attempt to fight cheating in secondary school exams. Almost half of students are being forced to retake the baccalaureate exam, starting on Sunday, after the initial session was marred by online leaking. Many students were able to access questions on Facebook and other social media ahead of the exam in early June. Algeria has struggled with baccalaureate leaks in recent years.

Canada's parliament passes assisted suicide bill

Canada's parliament has passed a contentious bill to allow medically assisted death for terminally ill people. The law was put forward after the Supreme Court struck down a ban on doctors helping the incurably sick to die. The move makes Canada one of the few countries where doctors can legally help sick people die. But critics say the new legislation is too restrictive. They argue it will prevent people with degenerative conditions, such as multiple sclerosis, from seeking assisted suicide.

Kerviel gets boost as prosecutor says he owes SocGen nothing

French prosecutors continued the unlikely rehabilitation of convicted rogue trader Jerome Kerviel, telling a French court Friday that Societe Generale SA doesn’t deserve any compensation from the ex-employee because of the bank’s “multiple, long-standing” failings. Jean-Marie d’Huy, the assistant public prosecutor, pointed the finger at Societe Generale’s “voluntary slackening” of its control systems on the final day of a trial to determine how much Kerviel owes the bank for the 4.9 billion-euro ($5.5 billion) trading loss eight years ago. The ruling will be issued on September 23.

Egypt court affirms death sentences in espionage case

The Cairo Criminal Court on Saturday upheld the death sentences of six defendants, including three journalists, charged with espionage for leaking state secrets to Qatar. While the defendants were originally sentenced to death in May, the Egyptian court was required to seek advice from Grand Mufti Shawqi Allam before finalizing its ruling.

New York senate passes bill to legalize fantasy sports

The New York Senate on Saturday passed a bill to legalize fantasy sports amid national concerns that the activity qualifies as illegal gambling. The bill would require frequent and highly-skilled players to sufficiently identify themselves online to prevent them from taking advantage of casual players. Fantasy sports sites would also be required to give 15.5 percent of their profits to an education fund managed by the state lottery.

Mexico congress passes tougher anti-corruption bills

The Mexican Congress on Friday passed several anti-corruption bills that would increase the severity of penalties for corruption charges. Should President Enrique Peña Nieto approve the bill, public officials would face increased fines and jail time for crimes such as bribery, embezzlement and illegal enrichment. While the bill would require government-funded entities to make public disclosures, Institutional Revolutionary Party (IRP) members and allies voted down a provision requiring the same for public officials. Nieto is expected to sign the bill after recently declaring his intention to strengthen corruption laws.

Kenya court upholds anal examinations to determine sexual orientation

A Kenyan judge on Thursday upheld the use of anal examinations to determine the sexual orientation of an individual. Judge Mathew Emukule said "I find no violation of human dignity, right to privacy and right to freedom of the petitioners." The case was initiated when two men suspected of engaging in a consensual, homosexual act, a crime in Kenya, were arrested and given anal examinations and HIV and hepatitis B tests, which they described as humiliating and amounting to torture. The ruling has raised concerns throughout the area, drawing the ire of Amnesty International, which called "forcible anal examinations of men suspect of same-sex relationship ... abhorrent," and in violation of international laws against torture and ill-treatment, as well as to the basic right to privacy. The two men currently face up to 14 years in prison, if convicted.

  • Weekly Magazine Review

Why did they die?

EU Campaigns Restart In Britain, With Public Split On Brexit

Business Week
The global tech issue

The Economist
Britain’s EU referendum: Divided we fall

Der Spiegel
Die Mission (Hilary Clinton vs. Donald Trump)

Casta per sempre


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


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


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


To subscribe:Register your name and your address at http://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.


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.


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.


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: http://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.


Copyright 2016 - Migalhas International