November 9, 2016 nº 1,810 - Vol. 13

"He was talking to people who weren't being spoken to."

About Donald Trump

Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at


Get Migalhas International on your mobile

You can now read the newsletter on your mobile device, through the 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 surges, Clinton fades, stocks sink

Donald J. Trump was elected in a stunning culmination of an explosive, populist and polarizing campaign. A political novice, he ran a nationalist campaign, scored a stunning come-from-behind win to become the 45th president of the U.S., defeating Hillary Clinton. The outcome, defying late polls that showed Hillary Clinton with a modest lead, threatened convulsions throughout the world. Clinton won’t address the results tonight, and Trump’s showing set off a sharp decline in U.S. stock futures.(Click here)

  • Crumbs

1 - Samsung raided in political corruption probe - click here.

2 - Liz Truss confronted by Tory MPs over handling of article 50 row - click here.

3 - Tesla to buy German engineering firm - click here.


100% Migalhas:


  • MiMIC Journal

Hong Kong lawyers march to oppose China blocking lawmakers from taking seats

More than 1,000 Hong Kong lawyers dressed in black marched through the the city in silence on Tuesday in opposition of a decision by the Standing Committee of the National People's Congress that barred two elected pro-independence lawmakers, Baggio Leung and Yau Wai-Ching, from taking their seats in Hong Kong's Legislative Council. (Click here)

China approves controversial cybersecurity law

The Chinese government on Monday approved a controversial cybersecurity law that the government hopes will protect Internet users and minimize fraud, however, human rights organizations and members of the cybersecurity field have come out against it. Calling the law "draconian" many have expressed concern that the new law is abusive, as it bolsters censorship laws and requires companies to monitor and report vague "network security incidents" and store personal information of users. On the business front, James Zimmerman, chairman of the American Chamber of Commerce in China, stated called the law a "step backwards." Many believe that it will make it harder for foreign business to operate within China as the law also requires that companies "demonstrate" that they can withstand hacks and are open to more government scrutiny. (Click here)

A controversial Hong Kong security law is back on the table

Hong Kong was still digesting China's ouster of two pro-independence lawmakers Monday when the city's leader raised the prospect of an even more controversial move: the revival of a long-dormant national security law. The sweeping legislation, which would outlaw treason, sedition and other national threats, has been on hold since half a million people flooded the streets in opposition in 2003. Hong Kong Chief Executive Leung Chun-ying said that the emergence of a local independence movement demonstrated a need to address the matter. Previously he's said it wasn't urgent.

China's patent-lawsuit profile grows

China is becoming a more attractive place to seek legal action for companies that accumulate patents for litigation and licensing purposes.


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


  • Historia Verdadera


La eléctrica AES Gener busca diversificar sus negocios con el desarrollo de plantas desalinizadoras y de energías renovables, mientras explora más opciones para invertir en Argentina y Colombia. AES Gener, filial de la estadounidense AES Corp, está cerrando una década con inversiones por US$6.000 mlls. en grandes proyectos térmicos e hídricos, pero para sostener el crecimiento de los márgenes piensa reducir la dependencia de energías convencionales.


AquaChile es una de las mayores salmoneras del mundo, y con negocios en el cultivo de tilapia a través de sus operaciones en Costa Rica y Panamá ahora negocia su ingreso a México para lo cual evalúa alternativas de sociedad con una empresas locales, ya que el objetivo de la empresa chilena es satisfacer la demanda del mercado en Estados Unidos.

Operaciones suspensas

La canadiense Hudbay Minerals suspendió temporalmente las operaciones en su mina Constancia de Perú tras la incursión de "intrusos" en el yacimiento, en medio de una protesta de campesinos que demandan beneficios para la zona. La empresa, desde su sede Toronto, explicó que la medida fue tomada para "resguardar la seguridad de los empleados y las personas que ocupan la mina" de cobre de Hudbay Minerals, ubicada en la región andina del Cusco, en el sur peruano.

  • Brief News

It's election night, and America is drinking

There's anxiety. There's excitement. There's the anticipation of either despair or celebration. There are, perhaps, hours to go until it's all resolved — as the race is turning out to be significantly tighter than some pollsters had predicted. It's a surefire recipe for a lot of alcohol consumption.

Markets are plunging around the world

Financial markets like certainty. On Tuesday night, as the presidential election's outcome became far from certain, stock futures plunged. Investors had bet heavily Monday on a victory by Democrat Hillary Clinton. So as Republican Donald Trump picked up many more votes than polls had predicted, markets reacted violently to the change in expectations. Across the board, it turned ugly for equities, currencies and Treasuries. The CBOE Volatility Index, a measure of investor fear, showed a 30 percent spike.

Italian court allows mother to give child her name

Italy's constitutional court has ruled against legislation that automatically gives children of married couples the father's surname. Lawyers argued that preventing families from giving children their mother's surname discriminated against women. The European Court of Human Rights (ECHR) had earlier condemned the legislation - which dates from Roman times - and ordered Italy to change it. Campaigners hailed Tuesday's ruling and called for parliament to endorse it. "The court has declared the unlawfulness of rules providing for the automatic attribution of the paternal surname to legitimate children, when the parents wish otherwise," the constitutional court said in a statement.

McDonald's sues Florence for 18m euros for blocking restaurant

McDonald's is suing Florence for 18m euros after it was blocked from opening a restaurant on one of the Italian city's most historic plazas. The fast-food giant had its plans for an outlet on the Piazza del Duomo rejected by Florence's mayor in June. The decision was upheld in July by a technical panel in charge of preserving the city's ancient heart. But McDonald's, which modified its proposals to fit with city guidelines, has now launched a bid for damages. The chain is claiming it has been discriminated against, and wants to recoup the $19.7m it estimates it will lose over the next 18 years. It argues it put forward a plan to "operate respectfully towards the local policies, even accepting to introduce typical local products in our offer, as requested from the local commerce regulation". (Click here)

Can cities sue banks over predatory loans? Supreme Court will decide

The justices appeared divided over whether Miami could sue two banks under the Fair Housing Act, even if foreclosures affected the city only indirectly.

French privacy row over mass ID database

A French state watchdog has called for the suspension of a database that could end up holding the biometric details of 60 million people. The aim of a single "mega-database" is to fight identity fraud and improve efficiency. But, as Paul Kirby explains, there are fears the database could be abused not only by hackers but by state intelligence too, The single database would not be used in judicial investigations, ministers insist. Rather, it would help tackle identity fraud by comparing one set of digital fingerprints with another. France's interior ministry wants the Secure Electronic Documents (TES) to collect all the information on an individual held on two separate databases that have details of people's passports and national ID cards. Only children under 12 would be exempt. It would include an individual's name, address, marital status, eye color, weight, photograph and fingerprints.

Senators ask FTC to review EpiPen manufacturer

Two members of the US Senate Judiciary Committee sent a letter to the Federal Trade Commission (FTC) Monday asking them to review Mylan NV, the manufacturer of the EpiPen allergy shot. Senators Chuck Grassley (R-IA) and Patrick Leahy (D-VT) raised concerns about Mylan NV's potential violation of antitrust laws. The two senators claim that Mylan NV may have engaged in exclusionary conduct and exclusive contracting when they entered into contracts with schools that barred the schools from purchasing EpiPen from any of their competitors. Such practices, they argue, have a detrimental impact on competition in the industry and patient’s access to the drug.

Hungary parliament rejects bill to block settlement of refugees

The Hungarian National Assembly on Tuesday rejected a constitutional amendment proposed by Prime Minister Viktor Orban to block the settlement of new refugees in Hungary. Orban's ruling Fidesz party failed to attract the two opposition votes necessary for a two-thirds majority vote in parliament. The bill sought to refuse an EU-set quota scheme that would relocate 1,294 refugees in Hungary. In October a low voter turnout invalidated Hungary's referendum in which Hungarian citizens voted to oppose any EU mandatory placement of refugees, however, had the constitutional amendment passed, it would have blocked any future attempts by the EU to impose refugee quotas on Hungary.

Scottish government seeks to intervene in Brexit case

The Scottish government will seek to oppose the UK government in the Supreme Court during the appeal over the triggering of Article 50. The High Court ruled last week that MPs must vote on whether the UK can start the process of leaving the EU. The UK government immediately said it would appeal to the Supreme Court, with a hearing due next month. The Lord Advocate, Scotland's most senior law officer, will now apply to be heard in the case.

India bans largest currency bills, for now, in bid to cut corruption

People flocked to A.T.M. machines after the prime minister, Narendra Modi, announced the crackdown, and experts predicted the prices of real estate and luxury items would fall.

EU sues Germany over environmental standards

The European Commission has filed suit against Germany alleging that the country violated the 1991 Directive concerning nitrate levels in water. The EU argues that Germany flouted the directive by failing to reduce levels of nitrate in ground water "despite being obligated to address the issue by 2012," and some levels are higher today than they were even four years ago particularly in Berlin. If the EU is successful, Germany could have to pay fines up to six figures. (Click here)

EU prosecutors clear former Kosovo judge of corruption allegations

Prosecutors for the EU have determined that a former judge for the EU's Rule of Law Mission in Kosovo (EULEX) did not solicit or accept bribes. Judge Francesco Florit had been accused of taking bribes to arrange the release of criminals after suspicious communications were discovered in 2012. The UN opened Florit to investigation, but Florit denied the claims and thereafter resigned. At the same time Florit was cleared of the corruption allegations, three lawyers that were accused of attempting to bribe him were also cleared.

Smith & Wesson to change name to reflect diverse holdings

Smith & Wesson Holding Corp. is asking its shareholders to approve a change in the company's name to American Outdoor Brands Corp. Its guns will keep their famous name.

No one can stop online voter intimidation — not even the law

Voter intimidation has been one of the chief concerns of election officials across the country this year, particularly in light of Donald Trump's baseless claims that the election will be rigged. Now, as votes pour in today, there will be 500 Justice Department representatives in 28 states, monitoring the polls. Both sides of the aisle have conscripted their own poll watchers to ensure everything stays above board at precincts across the country. The Lawyers' Committee will be running its Election Protection hotline, should anyone run into trouble. And Clinton's campaign has even formed its own customer service group inside the Brooklyn headquarters, designed to help voters report any irregularities throughout the day. All of these resources are available to help voters deal with would-be bullies. But what about the voters who stumble upon a misleading Tweet, pretending they can vote by text? Or a doctored photo designed to look like Immigrations and Customs Enforcement officers are arresting immigrants at their polling places? Or the hashtag #VeritasIsEverywhere, created by conservative activist James O'Keefe, which Trump supporters are using to tell voters today—erroneously—that bussing people to the polls is a form of voter fraud. What recourse do voters have for such digital forms of voter intimidation and misinformation? The answer: not much. Federal law prohibits any efforts to intimidate, threaten, or coerce voters "for the purpose of interfering with the right of such other person to vote or to vote as he may choose." States have their own laws with further restrictions on things like, for instance, how close you have to be to a polling place to be guilty of intimidation. But most of the time, law enforcement can diffuse these situations before they ever make it to court. Online it's trickier. It's not so clear what the online analogy is to an officer showing up and asking someone to step back from the polling place. The laws around voter intimidation, in other words, have yet to catch up to the pace of digital communication. But they need to.

Maritime watchdog: no evidence of shipping-alliance price-fixing

The Federal Maritime Commission, the US maritime watchdog, has seen no evidence of price-fixing by the recently formed ocean-shipping alliances and expects more consolidation from the industry during the worst downturn in 30 years.


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!

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:


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

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:

Miguel Matos, publisher:

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 (, The World Press Review:, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media,, 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