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

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A Patent for Software
IPWatchdog.comNovember 1, 2011

The “uniqueness” requirement mentioned is similar to the requirements for all inventions to be patented and is grounded into the patent laws by the novelty and non-obviousness requirements. The “tied to a machine” requirement comes to us thanks to the ...more »

Are these Leafs for real?
Globe and MailNovember 1, 2011

On the strength of a 4-0-1 start, the Leafs' 7-3-1 October is the franchise's best opening month in 12 years, going back to a 9-3-1 opening back in 1999 that had Toronto briefly atop the entire NHL. This season, they're second in the Eastern Conference ...more »

Business Law News and Stories

Advertising
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Theft of game hens could cost Ark. sheriff his job
Sacramento BeeNovember 1, 2011

Prosecuting Attorney Cody Hiland filed a petition Monday asking for Searcy County Sheriff Kenney Cassell's removal from office. Hiland says the theft of Cornish game hens is "an infamous crime" that bars Cassell from holding office. ...more »

Foreign Investments
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2012 China Investment, Operational and Budget Tips
China BriefingNovember 1, 2011

Non-essential expatriates will be relocated, simply have their contracts terminated, or asked to work in China while on business or tourist visas to keep them off the welfare and tax payroll. The latter also means many will not legally be compliant. ...more »

Antitrust Law, Domestic
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International Business Law Thrives as Other Areas of Law Languish
PR Newswire (press release)November 1, 2011

According to Mr. Cueto, "international business law has, up to now, been a niche practice for a handful of highly-specialized law firms. However, as more businesses recognize the growth potential in doing business overseas, the practice area has ...more »

Franchising
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A Heart For Service: Interview with Bob Wright, COO of Charley's Grilled Subs
TechnoratiNovember 1, 2011

Over the course of his career, Wright has had the chance to work with big-name franchises like Checkers, Wendy's, Café Express and, of course, Charley's. Though Wright's original plan was to practice law. Today, he practices management. ...more »

Gaming Law
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County Set to Vote on Florida Barrel Racing
TheHorse.comNovember 1, 2011

Thus, its proposed slot machines would be subject to Florida laws and not to federal laws on Indian gaming. Barrel racing is a rodeo-like event in a cloverleaf pattern around three barrels. It is popular in several parts of Florida, and in numerous ...more »

Banking Law
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CHINGFORD: Ringleaders of £3m fraud gang jailed
Epping Forest GuardianNovember 1, 2011

DI Colin Wetherill, from the PceU, said: "These defendants were part of an organised network of computer criminals operating a state-of-the art international online banking fraud, through which they stole many millions of pounds from individuals and ...more »

Government Construction Contracts
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Fairfax County cheers $180 million in US funding for BRAC
Washington Post (blog)November 2, 2011

“The FHWA had re-awarded the construction contract to the originally selected contractor on September 16, 2011 and even issued a Notice to Proceed (NTP) for construction on October 11, 2011. “Because of the protest, the FHWA now has 30 days to prepare ...more »

Business Formation
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3VR's CrimeDex Expands to Six Continents to Combat Financial Crime Internationally
MarketWatch (press release)November 1, 2011

IAFCI members will be able to share crime data with law enforcement professionals, financial crime and regional fraud investigator groups, organized retail crime associations and bank associations across international borders and within their ...more »

Institutional Investing
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The high cost of renewable power
The Wenatchee World OnlineNovember 5, 2011

The gain counts toward the state's renewable energy targets, even though hydropower is not included as a “qualifying” renewable under the law. Investments in wind power to meet new state renewable-energy targets will contribute to higher rates at some ...more »

Commercial
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MF Global Acknowledged Diverting Customer Funds
Wall Street JournalNovember 1, 2011

By law, clearing firms like MF Global are required to "segregate" the funds of their customers from the firm's own assets and from one another. If a broker fails, separate accounts make it easier to transfer customers' futures positions and funds to ...more »

Charles River Announces Third-Quarter 2011 Results from Continuing Operations
MarketWatch (press release)November 1, 2011

... the ability to convert backlog to sales; special interest groups; contaminations; industry trends; new displacement technologies; USDA and FDA regulations; changes in law; continued availability of products and supplies; loss of key personnel; ...more »

Commercial Bankruptcy
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Suit Drags on Against the Lawyer Who Wrote the Book On Legal Mal
Texas LawyerNovember 1, 2011

Hilton Stein, the once dean of legal -malpractice lawyers who went bankrupt and has been on disability inactive status since 2002, is fighting to stave off trial of a nearly 10-year-old suit by a former client. The case, Mehta v. Stein, Bankr. No. ...more »

Internal Investigative Services
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New Brunswick residents meet with county prosecutor about police brutality
MyCentralJersey.comNovember 2, 2011

The city administration would be wiser to hire an auditor to analyze internal police policies, procedures and investigations, Rivera said. “They should do a national search for the best candidate,” he said. “It's done all the time across the country. ...more »

Commercial Leasing
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Wal-Mart in dispute in China over alleged unpaid rent
XinhuaNovember 2, 2011

The arbitral rulings, like final court verdicts, are law-abiding and, therefore, the lease contract is still in effect, said Yu Zhou, a judge at the Municipal Intermediate People's Court in Dalian.` The court is pushing for the dispute to be settled in ...more »

International Transactions
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Hospitality Properties Trust Announces Plan to Acquire Royal Sonesta Hotels in ...
MarketWatch (press release)November 3, 2011

A Maryland Real Estate Investment Trust with transferable shares of beneficial interest listed on the New York Stock Exchange. No shareholder, Trustee or officer is personally liable for any act or obligation of the Trust. Hospitality Properties Trust ...more »

Communications & Media
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Arizona Governor Jan Brewer's book to hit shelves Tuesday
ABC15.com (KNXV-TV)November 1, 2011

Titled, “Scorpions for Breakfast: My Fight Against Special Interests, Liberal Media, and Cynical Politicos to Secure America's Border,” Brewer focuses much of her attention on the debate over the state's controversial immigration law, SB-1070. ...more »

Career Center Survey Results: Top Partners to Work For – Smaller Legal Markets ...
Above the LawNovember 10, 2011

The associate adds, “[h]e is so interested in legal questions, I am surprised he is not a law professor.” Robert Skinner. A Ropes & Gray litigation partner, Skinner is described as “a phenomenal human being” and received the highest ratings in all ...more »

Construction & Development
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The Lawyer Business is Booming in Buffalo
Town HallNovember 1, 2011

Business is booming. Apparently, they make no attempt to help people get mortgage modifications. It seems their main objective is to create fear for the homeowner and always foreclose. With the housing market continuing to slide, one would think that a ...more »

Locating Funds
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Michigan a poster child for secret campaign funding
Michigan MessengerNovember 2, 2011

All that's needed is for the legislature to amend the Michigan Campaign Finance Act so that it includes electioneering communications. Electioneering communications should be defined to include any broadcast, cable, Internet or telephonic communication...more »

Contracts Involving State & Minicipality
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LAUSD faces suit linking teacher ratings to student performance
Los Angeles TimesNovember 1, 2011

Witlin, the attorney, said his group would sue to stop any contract between the district and teachers that did not include all the requirements of the Stull Act. Deasy also said he would not ink such a deal. The litigation would mark the second time ...more »

Mergers, Acquisitions & Divestitures
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Evercore Partners to Purchase a 45 Percent Interest in ABS Investment ...
MarketWatch (press release)November 14, 2011

Evercore's Investment Banking business advises its clients on mergers, acquisitions, divestitures, restructurings, financings, public offerings, private placements and other strategic transactions and also provides institutional investors with high ...more »

Corporate Finance & Taxation
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City Council goes all in, files criminal complaint against American Canyon ...
Vallejo Times-HeraldNovember 1, 2011

... by filing a misdemeanor criminal complaint against the card room's owners and a request for a warrant for a partner's arrest. The casino's lawyer said Monday he planned that day to file a civil complaint in response, claiming the city's whole ...more »

Mortgages & Foreclosures
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Mike Matheny lost his home in legal fight with bank over business debt
STLtoday.comNovember 19, 2011

Even if the court rules against the bank, that is no guarantee that the judge in his case will adopt a favorable fair market value, a figure that could be open to wide interpretation. For now, the Cardinals' new skipper appears to be adjusting to the ...more »

Creditor's Rights
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Keating Muething & Klekamp Receives National Recognition in "Best Law Firms ...
MarketWatch (press release)November 1, 2011

CINCINNATI, Nov 01, 2011 (BUSINESS WIRE) -- US News Media Group and Best Lawyers(R) released the 2011-12 Best Law Firms rankings in which Keating Muething & Klekamp PLL (KMK(R)) received three national rankings and 28 first tier metropolitan rankings. ...more »

Non-Profit Corporations
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With dismissal, nonprofit board violates fiduciary responsibility
CommonsNovember 2, 2011

The members of a board of directors of a nonprofit organization have a fiduciary responsibility to act in the best interest of that organization and not in their personal self-interest. Both the decision by the board of the Gathering Place to terminate ...more »

Customs Disputes
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HOLLYWOOD HACKING — Court appearance is scheduled for 5 pm
ReporterNews.comNovember 1, 2011

That person is being held by Immigration and Customs Enforcement agents. Lt. Doug Mitchell said that no one has been charged in the case so far and they're continuing to investigate. TEXAS-PRISONER FREED — A former prosecutor has answered more than ...more »

Professional Corporations
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Break-Free Corporate Tax Code Falls Shy of Republican Rate Goal
BusinessWeekNovember 2, 2011

The analysis is being circulated one week after Ways and Means Chairman Dave Camp, a Michigan Republican, released the first slice of a proposed comprehensive rewrite of the US tax code. Democrats say the estimate reflects the difficult choices ...more »

Debt Collection
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Modernizing clerk's office is aim of rival candidates
The Free Lance-StarNovember 5, 2011

However, there's an exception for complying with the Virginia Debt Collection Act or the Setoff Debt Collection Act. Ahearn's staff pointed out that much of the money owed is by those who cannot pay it. That includes the homeless, convicted felons who ...more »

Public Offerings
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Public safety: Maricopa, Thunderbird Farms area involved in multi-agency drug bust
TriValley CentralNovember 1, 2011

The investigation, called “Operation Pipeline Express,” was conducted by several agencies – the Pinal County Sheriff's Office and the Arizona Attorney General's Office among them – and curbed the operation of a major Mexican drug cartel. ...more »

Debt Settlement
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Revenge of the Sovereign Nation
Telegraph.co.uk (blog)November 1, 2011

The referendum is a healthy reminder that Europe is a collection of sovereign democracies, tied by treaty law for certain arrangements. It is a union only in name. Certain architects of EMU calculated that the single currency would itself become the ...more »

Reorganizations & Restructuring
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Sanmina-SCI Reports Fourth Quarter and Fiscal Year End Results
Sacramento BeeNovember 2, 2011

Other Items, which consist of other infrequent or unusual items (including charges for customer bankruptcy reorganizations, litigation settlements, gains and losses on sales of assets and discrete tax events), to the extent material or non-operational ...more »

Directors' & Officers' Liability
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CSC Holdings Increases Maximum Purchase Price for Cash Tender Offers for ...
MarketWatch (press release)November 1, 2011

This press release contains statements that constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that any such forward-looking statements are not guarantees of future ...more »

State & Minicipal Bonds
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Law Offices of Howard G. Smith Announces Class Action Lawsuit Against HCA ...
Bradenton HeraldNovember 1, 2011

Specifically, the Complaint alleges that the Registration Statement and Prospectus failed to disclose that: (a) the Company improperly accounted for its prior business combinations in violation of Generally Accepted Accounting Principles, ...more »

False Advertising
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Pa. Firms Behind Escorts.com Face Federal Charges
ABC NewsNovember 1, 2011

Two Philadelphia-based companies have been charged with running a website used by prostitutes and escort services to advertise, federal prosecutors announced Tuesday. National A-1 Advertising Inc. and RS Duffy Inc. agreed to plead guilty to money ...more »

Trade Associations
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Q+A-What issues are at stake in the EU-U.S. carbon spat?
ReutersNovember 2, 2011

It declared illegal the EU plan to make all flights buy carbon permits under the EU Emissions Trading Scheme (EU-ETS) from January 1 to offset their emissions. The proposed US legislation could mark the beginning of a trade war, analysts and lawyers ...more »

Federal Contracts
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City Hall Admits Mishandling Technology Projects
New York TimesNovember 1, 2011

He said the agencies should avoid paying consultants by the hour, instead using contracts that specify benchmarks for payment. Mr. Holloway said the city's Law Department and the Mayor's Office of Contract Services would be brought into negotiations on ...more »

Unfair Competition
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The Legal Issues Behind the NBA Players' Decertification Strategy
Huffington Post (blog)November 8, 2011

A substantial majority of the players also voted (though not in a decertification election) to end the collective bargaining status of the NFLPA and to restructure it as a professional trade association instead of a union. ...more »

Federal Grants
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Calif. researcher sentenced in a wire-fraud case
Picayune ItemNovember 4, 2011

AP AP GULFPORT — A researcher at the University of California at Los Angeles has been sentenced in Gulfport, Miss., to probation and restitution in a wire-fraud case. Prosecutors said Michael D. Pottenger of Santa Monica, Calif., accepted a grant of ...more »

Venture Capital
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Calif. joint venture buys Big Island luxury hotel
BusinessWeekNovember 3, 2011

A joint venture between two Los Angeles-based companies, including one that used to own Turtle Bay Resort on Oahu, has bought the Big Island luxury resort Fairmont Orchid. Woodridge Capital Partners and Oaktree Capital Management acquired the ...more »

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