July 20, 2016 nº 1,768 - Vol. 13

"Five enemies of peace inhabit with us / avarice, ambition, envy, anger, and pride; if these were to be banished, we should infallibly enjoy perpetual peace."

Francesco Petrarch

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

Trump seals Republican nomination

The result hasn't really been in doubt for months, but now it's a reality. The Republican Party's nomination for president of the United States is Donald Trump's to accept when he takes the stage on Thursday night. Trump has secured the Republican nomination for US president on day two of the Republican National Convention. The House Speaker, Paul Ryan, urged delegates to unite behind Trump, a day after splits in the party were evident as the convention opened. Thanks to a bit of procedural manoeuvring, it was New York that gave him the winning margin in the state-by-state roll call vote. The Trump campaign also faces accusations a speech by Trump's wife Melania on Monday was plagiarized.

Trump and Pence: on the same ticket, but not on the same page

Donald J. Trump and Gov. Mike Pence are on the record as having very different attitudes on recent fiscal policy.

Turkish President announces support of reinstated death penalty

Turkish President Recep Tayyip Erdogan stated Monday that he would approve reinstating the death penalty so long as the measure had sufficient support in the Grand National Assembly. The death penalty was abolished over a decade ago in Turkey, but Erdogan asserted that the Turkish people want the death penalty for those involved in last weekend's failed military coup. Erdogan also announced he will request the extradition of cleric Fethullah Gulen, whom Erdogan alleges orchestrated the coup attempt, from the United States. US Secretary of State John Kerry stated that Turkey must provide genuine evidence that withstands scrutiny if it wishes to request Gulen's extradition. European Union (EU) High Representative for Foreign Affairs and Security Policy Federica Mogherini has also weighed in on the Erdogan's announcement, saying that "no country can become an EU member state if it introduces the death penalty." German Chancellor Angela Merkel also expressed concern over Turkey's response to the coup attempt, adding that capital punishment is incompatible with the objectives of the EU.

Singapore seeks US Chapter 11 prowess in bankruptcy reform

Singapore is seeking to enhance its position as a center for debt restructuring by giving its insolvency law some of the powers of the US bankruptcy code’s Chapter 11, just as companies worldwide default on bonds at the fastest pace since the global financial crisis. The government has “broadly accepted” 17 recommendations submitted by a committee after a yearlong review, the Ministry of Law said in a statement. Those include offering automatic stay of legal and enforcement actions for debtors, creating a bench of specialist judges for its bankruptcy court and increasing rescue-financing capital by enticing distressed-debt funds and private equity firms to set up shop in the city-state. “We have all the basic building blocks for dealing with restructuring and we see that Singapore will be able to fill this space,” Indranee Rajah, senior minister of state for law, said. “Singapore should not just be a debt restructuring place for Singapore companies and businesses but a global debt restructuring center much in the way as New York and London. We should be playing that role to the region and beyond.”

  • Crumbs

1 - SoftBank to Buy ARM Holdings for $32 Billion - click here.

2 - Microsoft Case Shows the Limits of a Data Privacy Law - click here.

3 - Baidu investigated over online gambling ads - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

GE agrees deal with China's Huawei to improve productivity

US manufacturing giant General Electric has agreed a deal with Chinese technology and smartphone giant Huawei to help it improve production. GE hopes that by connecting all areas within a production process via the internet it can improve productivity, lower costs and reduce emissions. It predicts that the improvements will help it to save $500m this year. Both sides see the concept as a key step towards "smart manufacturing." Shenzhen-based Huawei is one of the world's biggest smartphone vendors behind Apple and Samsung.

Philippines asked to 'disregard' tribunal ruling on South China Sea

The Philippines was asked by China to "disregard" an international tribunal ruling over the South China Sea, according to its foreign minister. Perfecto Yasay said he rejected an offer to hold negotiations "outside of and disregard of" the ruling. Last week, the Permanent Court of Arbitration ruled that China's claims to rights in the South China Sea had no legal basis. The case at the tribunal was brought by the Philippines.


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


  • Historia Verdadera

Daño comercial

El gobierno de México contabilizó en US$ 450 mlls. anuales el daño ocasionado por la discriminación de Estados Unidos a las exportaciones de atún mexicano, por lo que pidió a la OMC imponer sanciones comerciales por dicho monto al país del norte. (Presione aquí)


Empresarios de la Zona Libre de Colón, Panamá, piden al Gobierno que presione a Colombia para que aplique el fallo de la OMC en contra de un arancel mixto que les perjudica. La pugna en la frontera entre ambos países, tiene inicio en 2012 cuando Colombia empezó a aplicar un aranceles del 10 % a los calzados y textiles provenientes de la zona franca el caso que llegó a la OMC instancia favoreció el libre comercio en sentencia dictada en junio. Los empresarios buscan que la decisión sea aplicada sin demora toda vez que agosto y septiembre los negocios entran en alta por la proximidad de fin de año.


El Holding Foresun Group, un grupo inversor chino, alcanzó un preacuerdo para la compra de frigorífico Lorsinal en Uruguay. En 30 días más el negocio debe concretizarse, confirmaron fuentes del gobierno. Las primeras compras del grupo fueron en Australia, con la adquisición de dos plantas; siguió frigorífico Rosario en Uruguay y se le sumaron cuatro industrias en Argentina junto a un feedlots.

  • Brief News

Turkey crackdown toll passes 50,000

More than 50,000 people have been rounded up, sacked or suspended from their jobs by Turkey's government in the wake of last week's failed coup. The purge of those deemed disloyal to President Recep Tayyip Erdogan widened on Tuesday to include teachers, university deans and the media. The government says they are allied to US-based cleric Fethullah Gulen, who denies claims he directed the uprising. PM Binali Yildirim said the preacher led a "terrorist organisation". "We will dig them up by their roots," he told parliament. Turkey is pressing the US to extradite Gulen and the issue was raised during a phone call between US President Barack Obama and President Erdogan on Tuesday, the White House said.

France to extend state of emergency for six months

France's National Assembly has voted to extend the state of emergency for six months.The move follows last week's attack in Nice in which 84 people were killed and scores injured when a lorry was driven into crowds. The state of emergency was brought in after terror attacks in Paris in November that left 130 people dead. The extension agreed in the early hours of Wednesday would take the state of emergency until the end of January 2017. It is the fourth extension France's parliament has proposed and the move must be approved by the Senate. The emergency measures give the police extra powers to carry out searches and to place people under house arrest. Prime Minister Manuel Valls said France must expect more deadly attacks despite precautions taken by his government.

WhatsApp in Brazil temporarily suspended

WhatsApp was temporarily suspended in Brazil after a judge said the company had failed to hand over information requested in a criminal investigation. The third suspension in two years lasted for a few hours, affecting millions of users. But Supreme Court judge Ricardo Lewandowski later lifted the nationwide blockage, saying it was disproportionate. WhatsApp said they did not have access to the details requested. The most recent suspension happened in May, and forced 100 million people to turn to alternative services - a huge proportion of the internet-using population in a country with some of the world's highest mobile phone charges.

Solicitor General seeks rehearing of Obama immigration policy before Supreme Court

Acting US Solicitor General Ian Gershengorn on Monday asked the US Supreme Court to reconsider the case challenging the Obama administration's immigration enforcement program. A divided court split 4-4 in June, thereby allowing a Fifth Circuit ruling blocking the measures to stand. Recognizing that the court doesn't often grant rehearing, Gershengorn argued that without a definitive ruling on the merits from the court, "a matter of 'great national importance' involving an 'unprecedented and momentous' injunction barring implementation of the Guidance will have been effectively resolved for the country as a whole by a court of appeals that has divided twice, with two judges voting for petitioners and two for respondent States."

UN urges all states to adopt 'Nelson Mandela Rules' on prisoner treatment

A group of international human rights experts, including UN Special Rapporteur on torture Juan E. Méndez, on Monday called on states worldwide to adopt the Revised Standard Minimum Rules for the Treatment of Prisoners. Also known as the Nelson Mandela Rules, the standards "represent a universally accepted minimum standard for the treatment of prisoners, conditions of detention and prison management, and offer essential practical guidance to prison administrations." The rules were adopted in 1957 and revised in 2015, when they were renamed in honor of the former President of South Africa, "who spent 27 years in prison in the course of his struggle for global human rights, equality, democracy and the promotion of a culture of peace."

ECJ confirms legality of bail-in for troubled banks

The European Court of Justice on Tuesday found that a European Commission rule generally requiring a so-called "bail-in" for banks receiving state aid is consistent with EU law. The Commission's Banking Communication, issued in July 2013, provides that shareholders and subordinated creditors must share the burden of a struggling bank's financial shortfall prior to any state aid being authorized.

Cash pay dips a bit for corporate lawyers

As a group, corporate lawyers were paid 2 percent less in cash in 2015 than in 2014. Those at the top fared better. And noncash pay wasn’t included.

UK to relinquish scheduled EU presidency

The UK is to relinquish its upcoming six-month presidency of the European Council as it prepares to leave the EU. The UK had been scheduled to take up the European Council presidency - which rotates on a six-monthly basis between the 28 EU countries, giving each the opportunity to shape the agenda - in the second half of 2017. The prime minister has said she does not expect to commence formal negotiations before the end of the year as she consults with the Scottish, Welsh and Northern Irish governments as well as business, industry and other stakeholders about the way ahead. The announcement from No 10 came as Theresa May prepares to meet her German counterpart Angela Merkel for the first time since becoming prime minister. May said maintaining strong trading links in Europe was vital to ensuring the UK "made a success" of Brexit.

Drivers battle Uber over employment rights

Cab hire service Uber has been taken to a London employment tribunal by two of its drivers who claim it is acting unlawfully by not offering holiday and sick pay. Uber, which allows users to book and pay for a cab through a smartphone app, is used by some two million Londoners. The test case centers around whether the drivers can be considered workers or, as Uber argues, as self-employed. The two legal definitions are accorded different employment rights. Workers are given similar rights to employees in that they are entitled to holiday pay, are protected from unlawful deductions from their pay and may be entitled to sickness pay. This is the first time that Uber will have faced legal action in the UK over whether their drivers are workers or self-employed.

Volkswagen scandal reaches all the way to the top, lawsuits say

The suits claim the decision to thwart pollution tests involved dozens of engineers and managers, and reached into the company’s boardroom.

EU fines truck makers a record $3.3 billion over cartel

The European Union on Tuesday hit five truck makers with its highest-ever cartel fine of about €3 billion (about $3.32 billion) for colluding on prices and the implementation of emissions technologies. “We have today put down a marker by imposing record fines for a serious infringement,” said EU Competition Chief Margrethe Vestager, adding it was “a clear message to companies that cartels are not accepted.” The European Commission, the bloc’s antitrust regulator, said Volkswagen AG ’s MAN SE, Volvo AB, Daimler AG, Paccar Inc. ’s DAF and CNH Industrial NV ’s Iveco colluded for 14 years, between 1997 and 2011, on the factory prices of medium and heavy trucks.


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