Business Law News. Crime Stories, Law on News and Legal Publications in August, 2011

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RENEWING YOUR GREEN CARD? WHY NOT NATURALIZE TOO?
The New York Irish EmgirantAugust 2, 2011

Q: I've been a US legal permanent resident for almost ten years, and my green card is expiring soon. What is the current procedure for renewing it? A: Immigrants filing applications to renew permanent resident cards, commonly known as green cards, ...more »

How Andy Haldane gets his haircut
FT Alphaville (blog)August 2, 2011

As readers will no doubt be aware, haircuts on secured finance transactions are impressively pro-cyclical. As prices on the underlying asset fall, counterparties start demanding extra cash or collateral to compensate them for the added risk. ...more »

Business Law News and Stories

Advertising
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UPMC wants judge to dismiss Highmark suit over ads
BusinessWeekAugust 20, 2011

The University of Pittsburgh Medical Center asked a judge Thursday to dismiss a federal lawsuit accusing it of false advertising, arguing that the health insurer suing the hospital can't prove that anything in its ads is false. ...more »

False Advertising
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SEC's new whistleblower website – 'winning' Dodd-Frank style
Reuters Blogs (blog)August 18, 2011

17 (Business Law Currents) – As the fabled story goes, almost a decade passed between the time that fraud investigator Harry Markopolos first submitted evidence of the Bernie Madoff Ponzi scheme to the SEC's Boston office and his arrest in late 2008. ...more »

Antitrust Law, Domestic
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Lawyers group seeks foreign ownership cap in anti-trust bills
Manila BulletinAugust 26, 2011

He noted that PLDT is also being probed for a likely monopolistic control at 70 percent share of the telco market by the National Telecommunications Commission if it completes its planned acquisition of Digitel. Aguilar explained that the fundamental ...more »

Federal Contracts
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Justices rule ordinance can create contract
Business Management Daily (blog)August 21, 2011

The Supreme Court of Texas ruled that, because the firefighters performed the duties required of them by law, they were entitled to payments for services rendered. Essentially, the justices said the firefighters had a unilateral contract. ...more »

Federal Grants
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Our leaders are failing at solving big issues
Willcox Range NewsAugust 17, 2011

This heated debate is taking place in Maryland, where a new state law grants illegal immigrants in-state tuition rates for college. The law passed the state General Assembly by a narrow margin and was signed into law by Gov. Martin O'Malley. ...more »

Banking Law
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Malware With Zeus Bank Fraud Features Discovered in the Wild
eWeekAugust 25, 2011

Trusteer researchers discovered a "few weeks ago" that Ramnit had "morphed" into financial malware and was used to commit financial fraud, according to Heyman. Researchers found that Ramnit supported "all basic features required for well-bred financial ...more »

Foreign Investments
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FINRA issues new investor alert of gold stock scams
Banking Business ReviewAugust 26, 2011

... "Gold" Stocks—Some Investments Mine Your Pocketbook, cautioning investors regarding investment scams associated with gold stocks and also to guide investors on legitimate gold investments. The watchdog has also raised concerns over fraudulent...more »

Business Formation
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Fox Rothschild Acquires LA Boutique With Ties to China
The American LawyerAugust 23, 2011

The firm said Monday it acquired IP and business law firm Chan Law Group, including name partner Thomas T. Chan. The IP lawyer will join Fox Rothschild as a partner along with counsel Lisa A. Karczewski and associate Steven S. Hanagami. ...more »

Franchising
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David Vitter retires most of his debt from 2010 Senate re-election campaign
NOLA.comAugust 17, 2011

Contributions of $2400 each came from Ben Cannon of BP America Inc.; Jonathan Andry of the Andry Law Firm in New Orleans; Russell Budd, a Dallas lawyer; Johnny Dollar, a Monroe lawyer; Frank Dudenheffer, a New Orleans lawyer; Michael Flint, ...more »

Commercial
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Calif. seeks help for hotel maids
UPI.comAugust 16, 2011

State Senate Bill 432 would require innkeepers to provide hotel maids with long-handled cleaning tools so they will not have to stoop or squat to clean bathroom surfaces including floors and tubs, Business Law Daily reported Monday. ...more »

Government Construction Contracts
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Minister Awadhpal Yadav resigns after Lokayukta recommends his dismissal
Economic TimesAugust 17, 2011

... of three government doctors and massive corruption in the National Rural Health Mission (NRHM) scheme. Yadav was found guilty of corruption in awarding construction contracts floated by his ministry to companies controlled by his son and relatives. ...more »

Commercial Bankruptcy
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Rules for hazardous waste need review
Sydney Morning HeraldAugust 21, 2011

This matter underscores the moral bankruptcy of the present government which only governs with the support of three independents. These three should ask the prime minister to sack Mr Thomson. If she refuses, they should withdraw their support. ...more »

RILEY v. KENTUCKY BAR ASSOCIATION
Leagle.comAugust 26, 2011

There is no allegation that other members of the class or the client involved were prejudiced by a conflict of interest, and Movant admits he erred in his professional conduct. Case law on SCR 3.130-1.7(b) prior to the 2009 amendment supported public ...more »

Commercial Leasing
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Casino provision for tribe sparks debate
Boston GlobeAugust 26, 2011

If the tribe meets those requirements, it would probably get one of three casino licenses without having to bid against commercial developers. If not, the license would go to bid on the open market like those slated for Western Massachusetts and ...more »

Internal Investigative Services
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Miami may face violations
Boston GlobeAugust 26, 2011

AP / August 26, 2011 Miami's internal investigation has determined eight football players, including quarterback Jacory Harris, are believed to have committed NCAA violations by associating with booster Nevin Shapiro and have been declared ineligible, ...more »

Communications & Media
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Judicial Watch Sues for Communications between Obama Justice Department and ...
PR Newswire (press release)August 24, 2011

In addition to pursuing public agency registration cases in Missouri, Ohio, Indiana, Georgia and New Mexico, Project Vote also filed a lawsuit on April 19, 2011, in partnership with the National Association for the Advancement of Colored People (NAACP) ...more »

International Transactions
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Law firm partner buys 1BD condo in Midtown East
BlockshopperAugust 31, 2011

Glicklich currently serves as managing partner of the New York law office of Davies, Ward Phillips & Vineberg, where he focuses on taxation of corporate and international transactions. He is also a partner of the firm's taxation practice. ...more »

Construction & Development
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Draft Law Calls for Construction of Social Residences
The Taiwan Economic NewsAugust 17, 2011

The draft law also calls for the construction of “proper residences” for sale at lower prices to families without own houses and with incomes under a certain level. A portion of such residences will be reserved for lease to families or individuals ...more »

Driving to save teenage drivers
Chicago Sun-TimesAugust 28, 2011

In 2008, tougher restrictions were added to the graduated driver's licensing, or GDL, law that had been in effect in Illinois since 1998. The GDL system creates several different kinds of driver's licenses and divides drivers into age categories so ...more »

Contracts Involving State & Minicipality
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Business digest: Law firm launches immigration blog
The News-PressAugust 22, 2011

A Fort Myers law firm now offers tips on securing immigrant visas or advice on hiring foreign nationals. Henderson, Franklin, Starnes & Holt created "The Immigration Blog" to enhance its immigration law practice. It will focus on all aspects of ...more »

Locating Funds
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Mt. Diablo school bond oversight committee member alleges misuse of money
San Jose Mercury NewsAugust 20, 2011

"Under the law, any abuse of funds needs to be disclosed to the public promptly. Time is of the essence. In the meantime, they're out spending the money." For more than a month, Minyen has been asking questions about what she says are irregularities in ...more »

Corporate Finance & Taxation
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Finance minister Pranab Mukherjee gives nod for discussion on GST
Economic TimesAugust 28, 2011

NEW DELHI: Finance minister Pranab Mukherjee has given his nod to begin discussions on the way services are to be taxed, in sync with the proposed goods and services tax (GST). Despite being busy with the Lokpal bill, he approved a white paper on ...more »

Non-Profit Corporations
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Tops Holding Corporation Reports Increases in Sales and Operating Profit in ...
MarketWatch (press release)August 29, 2011

Gross profit increased 3.8% to $357.3 million in the first half of 2011, and was 28.0% as a percentage of net sales, down 50 basis points compared to the first half of fiscal 2010. Excluding the impact of non-cash LIFO adjustments, cost of goods sold ...more »

Creditor's Rights
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'It's an area of Scots law desperately in need of reform'
ScotsmanAugust 28, 2011

With asset finance the main issue is that, other than by a floating charge, no security over a Scottish chattel is possible other than by the creditor taking possession. This works fine for pawnbrokers but is no use commercially where a company needs ...more »

Professional Corporations
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Opinion by Will Moredock
Columbia City PaperAugust 28, 2011

ALEC is a corporate-funded juggernaut which works with Republican state legislators throughout the country in pushing a hard right-wing agenda, including anti-union legislation, privatization of schools and prisons, and rolling back environmental ...more »

Customs Disputes
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Common Customs Authority To Ease Movement Of Malaysian Goods To Belarus ...
BernamaAugust 16, 2011

It said the CU countries' plan to inaugurate a Unified Economic Space would open the way for the free movement of capital, services and workforce next year. "The members also plan to set up a customs union commercial court to settle disputes among them ...more »

Public Offerings
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Lawyer: Pittsylvania would lose possible ACLU case
Lynchburg News and AdvanceAugust 17, 2011

The Pittsylvania County Board of Supervisors would lose if it went to court to fight for a sectarian Christian prayer during public meetings, said a leading constitutional attorney. “They're not going to win their case,” said John Whitehead, ...more »

Debt Collection
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Debt Collector Can't Repo Car
Fox BusinessAugust 18, 2011

If a collection agency wants to make arrangements to pay off a debt and I have no income whatsoever, why do they keep sending me letters? I have a car and the title is in my name and my daughter's name. Can the debt collectors take it? ...more »

Reorganizations & Restructuring
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Questions fired at Augusta officials over Russell's raises
The Augusta ChronicleAugust 30, 2011

Russell subsequently went on vacation for a week, but he had a report describing cost savings from the reorganization plan distributed to commissioners Aug. 22. Russell hadn't returned Monday, and Mason used the opportunity to question the directors ...more »

Debt Settlement
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Grupo Mexico Unit Must Pay Law Firm Baker Botts $122.4 Million in Fees
BloombergAugust 19, 2011

Jack L. Kinzie was the lead lawyer in the bankruptcy case before Grupo Mexico regained control of Asarco and hired a new law firm. Asarco objected to the fees. The company's new attorney, Marty L. Brimmage Jr. of the law firm Haynes & Boone LLP., ...more »

State & Minicipal Bonds
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Calif. seeks help for hotel maids
UPI.comAugust 16, 2011

State Senate Bill 432 would require innkeepers to provide hotel maids with long-handled cleaning tools so they will not have to stoop or squat to clean bathroom surfaces including floors and tubs, Business Law Daily reported Monday. ...more »

Directors' & Officers' Liability
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Law granting immunity to website operators stokes criticism
Kansas City StarAugust 24, 2011

“I think a lot of this case law is yet to be determined and we're in really murky water,” he added. One of Botello's posts cited in the lawsuit looks very much like typical posts found on The Dirty, which Gingras has argued is protected: a link to an ...more »

Unfair Competition
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College Football Capsules: Texas court wants more info in Leach case
Brownsville HeraldAugust 20, 2011

"It is unfair that the state can breach written contracts with private persons with impunity and the private party has no recourse in the judicial system," he said. The justices won't rule on whether to accept either side's request for review of the ...more »

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