October 3, 2016 nº 1,798 - Vol. 13

"I've had a wonderful time, but this wasn't it."

Groucho Marx

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

Supreme Court continues to steer clear of ideological disputes

The Supreme Court is steering clear of polarizing ideological disputes in the new session that opens Monday—and instead will focus on nuts-and-bolts cases such as criminal prosecution and intellectual property while it remains short one justice. The court has little choice but to leave bigger-picture cases for another day. Since the February death of Justice Antonin Scalia, the court has been evenly split between factions on the right and left, leaving it deadlocked on cases whose outcomes depend on broad judicial philosophies. This year's term is one for the "law geeks," says University of Virginia law professor Daniel Ortiz. Not only are the justices sidestepping tough issues, they also are taking significantly fewer cases, Mr. Ortiz said. By this time of year, the court generally has taken about 50 cases for review. After accepting eight more cases Thursday, the total so far reached only 38. "Unless they change course," the court will fall short of filling the 72 argument slots it typically schedules, Mr. Ortiz said. The court has bulked up on such non-ideological topics as intellectual property, which the justices have found requires renewed attention in light of the 21st century's technological and social changes.

Supreme Court to weigh reach of insider trading law

The US Supreme Court is set to consider this week a closely watched insider trading case that could limit the ability of prosecutors to pursue such charges against hedge fund managers and other traders. The eight justices, who open their 2016-17 term on Monday, will hear arguments on Wednesday in the case of an Illinois man, Bassam Salman, who prosecutors said made nearly $1.2 million trading on inside information about mergers involving clients of Citigroup Inc, where his brother-in-law worked. It is the first time in two decades that the Supreme Court has taken up a case involving insider trading, a crime that the US Congress has never defined and has left the courts and the Securities and Exchange Commission to shape.

  • Crumbs

1- Stolen Van Goghs recovered by anti-Mafia police in Naples - click here.

2 - Supreme Court to hear case on objectionable trademarks - click here.

3 - After Nissan ultimatum, Jaguar Land Rover says Brexit must be fair for all - click here.

4 - Germany's Bosch sues South Korea's Mando in U.S. on alleged patent infringements - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

When China began streaming trials online

Within China's notoriously flawed legal system somebody is actually trying to usher in a bit of transparency. Now you can boot up your laptop or turn on your smartphone and take a peek inside proceedings. You might spot two people trying to secure an investigation into faulty tyre pressure-measuring equipment, and there is Chinese tech giant Tencent taking on the Ministry of Commerce over a copyright ruling. Divorce, robbery, murder and drug trafficking are all on display. These are trials being streamed via the new website tingshen.court.gov.cn. Some live, some pre-recorded. A normal Chinese trial may not be officially described as being "closed" but that does not mean a member of the public can just walk in. Each court has a different system of deciding who to let in and who to deny. Sometimes family members are not even permitted to sit inside.

Glaxo to pay $20 million to settle US bribery case in China

The Securities and Exchange Commission said the company disguised bribes to foreign officials as legitimate travel, entertainment and marketing expenses.


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


  • Brief News

Theresa May to trigger Article 50 by end of March

The UK will begin the formal Brexit negotiation process by the end of March 2017, PM Theresa May has said. The timing on triggering Article 50 of the Lisbon Treaty means the UK looks set to leave the EU by summer 2019. May told the Tory Party conference - her first as prime minister - the government would strike a deal with the EU as an "independent, sovereign" UK. Voters had given their verdict "with emphatic clarity", she said, and ministers had to "get on with the job". She also gave details of a Great Repeal Bill which she said would end EU law's primacy in the UK. She attacked those who "have still not accepted the result of the referendum", adding: "It is up to the government not to question, quibble or backslide on what we have been instructed to do, but to get on with the job." (Click here)

Lawyers move quickly after Congress enacts terror law

Attorneys for Sept. 11 victim families with legal claims already pending in court said they are moving quickly to take advantage of a new law exposing Saudi Arabia to potential liability for the 2001 terror attacks.

Alabama top judge ousted over gay marriage stand

Alabama's top judge has been suspended for the remainder of his term for defying federal court rulings that legalized same-sex marriage. Roy Moore, 69, violated judicial ethics with an order seen as directing probate judges to deny marriage licenses to gay couples, a judicial panel ruled. The decision was a "politically motivated effort" by radical groups, he said. His lawyer has vowed to appeal. It is the second suspension for Moore, an outspoken conservative.

Cheating California prosecutors face prison under new law

California prosecutors who knowingly withhold or falsify evidence can now be charged with a felony and go to prison under a law signed Friday. Withholding or falsifying of evidence by prosecutors is now a felony in the state. Falsifying or withholding evidence was previously a misdemeanor for the general public and a felony for law enforcement officers in the state. If prosecutors "intentionally and in bad faith alter, modify, or withhold" any information "knowing that it is relevant and material to the outcome of the case," they could be punished by 16 months, two or three years in prison, depending on the severity of the violation.

Colombia referendum: Voters reject Farc peace deal

Voters in Colombia have rejected a landmark peace deal with Farc rebels in a shock referendum result, with 50.24% voting against it. The deal was signed last week by President Juan Manuel Santos and Farc leader Timoleon Jimenez after nearly four years of negotiations. But it needed to be ratified by Colombians in order to come into force. Addressing the nation, President Santos said he accepted the result but would continue working to achieve peace. He said the current ceasefire remained in place and that he had ordered negotiators to travel to Cuba to consult Farc leaders on the next move.

Trump 'a genius' if he paid no taxes - allies

White House candidate Donald Trump's allies have said he is a "genius" if a report is true that he paid no federal income taxes for 18 years. The New York Times said it had received some of Trump's 1995 tax documents revealing $915m losses that allowed him to legally avoid paying taxes. The real estate tycoon's camp refused to confirm or deny the report, but said the filing was "illegally obtained". The campaign of his rival, Hillary Clinton, called it a "bombshell". New Jersey Governor Chris Christie said the New York Times article was a "very good story" because it showcased the "genius" of Trump. Christie told Fox News Sunday the report would only underline that Trump is best qualified to ease tax policy on working people. There's no evidence at this point that Trump did anything improper. Just because it's legal, however, doesn't mean this revelation isn't potentially damaging. There's the fact that Trump has, over the years, condemned prominent Americans,­ including Barack Obama and Washington Post owner Jeff Bezos, for not paying enough taxes. Now he looks like a hypocrite.

Who inherits a selfie? States seek to fill privacy law gaps

When a loved one dies, laws cover how their houses, cars, and other property are passed on to relatives. But the rules are murkier — and currently far more restrictive — when it comes to pictures on Facebook, emails to friends or relatives and even financial records stored in online cloud accounts. Google, Facebook and other companies have said a federal privacy law approved decades before digital storage became common prevents them from releasing electronic memories or records unless the account owner grants permission — even if the person is dead. Without an estate plan, families must try to crack their loved one's passwords or take the costly step of litigating the matter to access photos and emails — and some have, with little success. The laws governing how to divide belongings after someone dies have not caught up with the technological advances that have permeated the ways people communicate, but states have begun trying to bridge that gap. This year, Illinois was one of 19 states that passed similar laws to clarify what internet companies can release after someone dies and when information should remain inaccessible.

Granting shares for fares: An Uber rival's play for drivers

Juno, currently operating only in New York City, is luring drivers with a lower commission and the promise of stock that can be cashed in if the company is sold or goes public. (Click here)

Tesco faces UK legal action over accounting scandal

Tesco is facing a legal action by a group of investors who claim to have lost £150m due to the supermarket's 2014 accounting irregularities scandal. "Shareholders were misled by information inaccurately provided to the market with knowledge by management," alleges Jeremy Marshall from Bentham Europe, the firm funding the claim. Marshall said the legal action would be filed by the end of October. Tesco declined to comment on the case.

India tax evasion amnesty uncovers hidden billions

A tax evasion amnesty in India has prompted tens of thousands of people to declare more than $9.5bn in undeclared income and assets. Finance minister Arun Jaitley said the four-month window that ended on Friday brought in 64,275 declarations. All were offered immunity from prosecution in return for paying tax, a surcharge and a penalty. It is estimated that the government could raise nearly $4.5bn from the scheme. Undeclared income or "black money" is a huge issue in India. The government contacted about 700,000 suspected tax evaders earlier this year, urging them to declare hidden income and assets.

Deutsche Bank defended by German firms

Leading German firms have rushed to defend Deutsche Bank amid concerns over the troubled lender's financial health. Executives from Siemens, Daimler, Munich Re and BASF said they backed the bank

  • Weekly Magazine Review

How Russia Wants to Undermine the US Election

'Authority of EU law in Britain will end.' (Theresa May)

Business Week
Your Vote May Not Count

The Economist
Anti-globalists: Why they're wrong

Der Spiegel
Verbrechen Krieg

Il rimpasto universale


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 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.


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: 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.


Copyright 2016 - Migalhas International