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

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As An Asset Protection Trust, Henry's Trust Was A Notable Failure
Forbes (blog)August 2, 2011

Henry created a self-settled Delaware Domestic Asset Protection Trust (DAPT) for himself, with BNY Mellon as a Trustee and his lawyer as a co-Trustee. Footnote 1 of the Court's Opinion states “As will become clear, as an 'asset protection trust,' ...more »

Rose Walker Adds Commercial Litigation, White-Collar Lawyer in Dallas
PR Newswire (press release)August 2, 2011

2, 2011 /PRNewswire/ -- Experienced trial attorney Jody Rudman has joined Dallas' Rose Walker, LLP, where her practice involves all manner of business and commercial litigation and white-collar representation. Ms. Rudman joins the firm with an ...more »

Business Law News and Stories

Advertising
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Vietnam urged to remove cap on ad spending
Thanh Nien DailyAugust 22, 2011

Vietnam's Corporate Income Tax Law only recognizes a maximum advertising cost of 10 percent of total expenditures, which means any exceeding promotional spending above that ceiling is not eligible for tax deduction. Thoi Bao Kinh Te Vietnam quoted ...more »

Federal Contracts
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Laid-off website workers to get more pay
EastDay.comAugust 23, 2011

Ma Jianjun, a local lawyer specializing in labor regulations, said the negotiated solution conforms with China's Labor Contract Law, which says companies must offer at least one-month salary if they fail to inform employees of layoffs at least 30 days ...more »

Antitrust Law, Domestic
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Washington paralysis only mirrors our own | Philadelphia Inquirer | 2011-08-24
Philadelphia InquirerAugust 24, 2011

To help US history students appreciate our intentionally convoluted lawmaking process, the teachers at my school have them read several pieces of legislation, including the Sherman Antitrust Act of 1890. Over the last century, the act has become a ...more »

Federal Grants
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How states will shape health reform
American Medical NewsAugust 29, 2011

Butch Otter ordered state employees not to spend time or money enforcing the law) to a flurry of state regulation meant both to enforce and extend changes set out in the federal law. "States are the primary locus of regulation," Corlette said. ...more »

Foreign Investments
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What "Is" is When It Comes to Foreign Ownership and US Airlines
Seattle Post Intelligencer (blog)August 17, 2011

This isn't the first time big foreign investment dollars got sucked into the engines of the Dallas-based airline. In 2006, the Iceland investment company FLGroup, bought nearly as many shares, held them for a little over a year and then sold nearly all ...more »

Banking Law
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UK-Swiss tax deal could lead to 'exodus'
GFS NewsAugust 25, 2011

The deal, first revealed by Global Financial Strategy on Wednesday, will see Swiss banks, their clients and employees immune from criminal prosecution over alleged tax evasion, while the country's famous banking privacy laws will be retained. ...more »

Gaming Law
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Native American Law Classes Available Online
Indian Country Today Media Network.comAugust 24, 2011

Classes offered focus on tribal gaming law, federal Indian law, the Indian Child Welfare Act, civil jurisdiction in Indian country, tribal government, taxation, energy and mineral development, environmental protection, social services, and water rights ...more »

Business Formation
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Business Digest (August 27, 2011)
In-ForumAugust 27, 2011

He taught business law at NDSU and presently teaches a course on higher education law in NDSU's College of Human Development and Education. Johnson graduated from NDSU, the University of North Dakota, Grand Forks, and the University of Houston. ...more »

Government Construction Contracts
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Government working on reviving EPC mode of road bidding
Economic TimesAugust 10, 2011

What was earlier passed on as EPC contracts were half-hearted attempts, or item-based construction contracts, where government retained a lot on its plate, including estimates of work to be done by the contractor. The government paid the contractor on ...more »

Commercial
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Free Help for Homeowners Workshop to be Held at Wild Horse Golf Club in ...
PR.com (press release)August 16, 2011

Licensed Nevada Attorney, practicing in bankruptcy, business and commercial law and graduate of Brigham Young University and the University of Nevada Las Vegas William S. Boyd School of Law, magna cum laude. Nina Gallagher - Senior Tax Manager at ...more »

Judge again suggests Righthaven is practicing law without a license
VEGAS INCAugust 24, 2011

An assignment transfers all rights, title and interest in and to the assigned property," the Denver brief said. The State Bar of Nevada for months has been looking into complaints about Righthaven, and it's believed the unauthorized practice of law is ...more »

Commercial Bankruptcy
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Hargraves Joins Gallop, Johnson & Neuman as an Associate in the Business Law...
dBusinessNews St. Louis (press release)August 17, 2011

St.Louis - The business law firm Gallop, Johnson & Neuman, LC is pleased to announce that Julia M. Hargraves has joined the firm as a new associate in the Business Law Department. Ms. Hargraves will focus her practice on corporate governance, ...more »

Internal Investigative Services
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Pueblo State Hospital May Eliminate Internal Police Force
KMGH DenverAugust 26, 2011

Bicha said the internal investigation of the July incident indicates staff did not violate any laws, but he won't know for sure until the sheriff's investigation is completed. That's expected to be finished in the next two weeks.more »

Commercial Leasing
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APNewsBreak: Vets agency gives businesses the boot
San Jose Mercury NewsAugust 30, 2011

And Maryland-based food services and facilities management giant Sodexo Inc. was told in a letter late last year that it would have to vacate a building it uses as a commercial laundry for schools and hospitals by the end of this year. The leases are ...more »

International Transactions
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Myanmar Considers Foreign-Exchange Overhaul
Wall Street JournalAugust 7, 2011

A spokesman for the IMF confirmed it had received a request from Myanmar authorities to help them "prepare to modernize their exchange-rate system and lift restrictions on the making of payments and transfers for current international transactions. ...more »

Communications & Media
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Rules limit foreign managers
Bangkok PostAugust 31, 2011

A Thai subsidiary of a foreign-owned telecommmunications company must be run mainly by Thais, according to newly enacted regulations. Regulations overseen by the acting National Broadcasting and Telecommunication Commission gives regulators control ...more »

VMware's Next Act: Operations Expert
InformationWeekAugust 30, 2011

VMware doubled the memory limit to 96 GBs three weeks after its initial licensing move. But he added: "I don't think that's the end of this journey… The whole industry is going to have to come to grips with moving to a virtual asset, cloud-based ...more »

Construction & Development
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I-26 causes headaches, backups: What was the issue?
WCBDAugust 15, 2011

Law said construction crews worked over the weekend to repair cracks and "discrepancies" on the bridge. However, crews hit a literal roadblock when the concrete needed to fill the cracks did not arrive on time. "We waited on the concrete... now we're ...more »

Locating Funds
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Dozen lawmakers said to receive money
Arab Times Kuwait English DailyAugust 28, 2011

“The banks confidentiality law doesn't hinder the enforcement of law and protection of public funds,” he added. Al-Hamoud further said the law gives the voters the right to know the cause of the sudden prosperity of their MPs and pointed out that MPs' ...more »

Contracts Involving State & Minicipality
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Senior Electrical Patent Agent (MS in EE)
Above the LawAugust 25, 2011

Software (albeit configured and operated by humans) determining privilege, responsiveness and issues–faster, more accurately and certainly at lower cost than an army of onshore/offshore contract attorneys. Meet Valora Technologies. ...more »

Non-Profit Corporations
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Amazon Spends Millions to Fight Internet Sales Tax
New York TimesAugust 27, 2011

A nonprofit, nonpartisan news organization providing local coverage of the San Francisco Bay Area for The New York Times. To join the conversation about this article, go to baycitizen.org. More than nine months before a proposed June 2012 referendum ...more »

Corporate Finance & Taxation
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Swiss in talks with US to settle tax probe
Independent OnlineAugust 26, 2011

Switzerland has made a proposal to try to kickstart talks to settle its impasse with US authorities over Swiss banks suspected of helping wealthy Americans dodge taxes, its finance minister said. “We have presented a discussion framework (to the US),” ...more »

Professional Corporations
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Lawyer Goldfarb gets 3 years prison in insider case
ReutersAugust 19, 2011

NEW YORK (Reuters) - A lawyer caught up in the government's massive insider trading investigation was sentenced to three years in prison on Friday after pleading guilty to participating in a scheme to trade on corporate secrets ...more »

Creditor's Rights
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A Nigerian approach to Islamic Banking
BusinessDayAugust 25, 2011

Islamic finance limits a creditor's right to the principal amount only. Any amount charged in addition to or over and above the principal would be riba. This of course eliminates the dangers of cumulative interest in loan transactions making it easier ...more »

Public Offerings
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Fullerton police recieve numerous death threats
Los Angeles TimesAugust 25, 2011

The list also included a blog entry on the Fullerton's Future blog calling for someone to make the officers' contact information and addresses public. The district attorney's office has said that the officers' names will be released when prosecutors ...more »

Customs Disputes
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Five arrested as HMRC cracks down on tax evasion amongst plumbers
Grant ThorntonAugust 18, 2011

The plumbers amnesty (Plumber's Tax Safe Plan (PTSP)) that HM Revenue & Customs (HMRC) launched in March, was criticised as being a 'damp squib' at the time after a low take up with many plumbers unconvinced that HMRC had any information about any ...more »

Reorganizations & Restructuring
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SurModics slashes delivery tech workforce, closes plant in restructuring
FierceBiotechAugust 24, 2011

SurModics ($SRDX), which markets drug delivery technology, is laying off 9% of its workforce and bidding goodbye to the company's CFO and human resources chief in a reorganization spurred by the loss of a big customer. The Eden Prairie, MN-based ...more »

Debt Collection
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The Daily Docket: Judge Signals Approval of $4 Billion Capmark Bankruptcy Plan
Wall Street Journal (blog)August 22, 2011

A federal judge in Texas upheld fees paid to law firm Baker Botts LLP of $113 million, plus $6 million for expenses, for its handling of the 2009 Asarco LLC bankruptcy, reports WSJ. A federal judge signaled Friday that he likely would allow a lawsuit ...more »

State & Minicipal Bonds
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Some good, some bad in Alabama Legislature's new immigration policy
St. Clair TimesAugust 18, 2011

Comedy Central's Stephen Colbert had a field day recently lampooning a new Alabama business that is offering to make bullets out of the ashes of your cremated loved ones. You can't make this stuff up. But the immigration law itself does raise questions ...more »

Debt Settlement
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Mets-Madoff Trustee, Linden Ponds, Petters: Bankruptcy
BusinessWeekAugust 22, 2011

Although he didn't say so, Rakoff's about face was likely the result of a decision in June by the US Supreme Court saying that bankruptcy judges can't try cases against creditors based on state law claims. Remaining proceedings should occur faster in ...more »

Trade Associations
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Shepstone & Wylie | international transport and trade law, court clarifies ...
Linex Legal (press release) (registration)August 16, 2011

... (Pty) Ltd and SARS and another, while not dealing with any startling issues, is important for a number of reasons, says Quintus van Der Merwe, a partner at Shepstone & Wylie Attorneys, International Transport, Trade and Energy Department. ...more »

Directors' & Officers' Liability
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Commercial property insurance rates rising: Marsh
Business InsuranceAugust 23, 2011

But rates for other lines of commercial coverage continued to decline during the third quarter, most notably for publicly traded companies' directors and officers liability insurance, according to Marsh. Catastrophes in the United States and elsewhere ...more »

Unfair Competition
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Strauss-Kahn, Spitzer, Motorola, Bank of America in Court News
BloombergAugust 23, 2011

The National Arbitration Forum Inc., based in Minneapolis, employed unfair business practices while administering arbitrations for consumer who owed credit-card debt to the unit, according to the lawsuit. FIA agreed not to use the mediation service in ...more »

False Advertising
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GCC's 2011 Faculty And Staff Appreciation Awards
Hartford CourantAugust 19, 2011

He negotiated GCC's articulation agreement with the University of Connecticut's School of Business, coordinates end-of-semester study workshops for business students, is the college's pre-law advisor, and serves on its academic standards committee, ...more »

Venture Capital
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Lessons for Ann Arbor startups seeking venture capital investments: Don't ...
AnnArbor.comAugust 27, 2011

For Ann Arbor entrepreneurs, securing venture capital investments is already supremely difficult in an environment where investors are skittish about doling out dollars to even the most promising of startup companies. Investors are only willing to bet ...more »

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