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

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Court: School was Right to Ban "Islam is of the Devil" Shirts
Opposing ViewsNovember 1, 2011

... policy banning “clothing or accessories that ... denigrate or promote discrimination for or against an individual or group on the basis of age, color, disability, national origin, sexual orientation, race, religion, or gender” was constitutional. ...more »

Feds challenge S. Carolina immigration law
Fox NewsNovember 1, 2011

The Justice Department holds that the South Carolina law imposes "significant burdens" on federal agencies and will divert funds from priority projects such as the fight against terrorism, drug smuggling, gangs and apprehending people wanted for other ...more »

Business Law News and Stories

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Martin Walsh Joins Elevate to Lead Mergers and Acquisitions
MarketWatch (press release)November 1, 2011

Prior to joining Elevate, Mr. Walsh was managing partner of a private practice law firm focusing on emerging growth companies and corporate and business transactions. Mr. Walsh received his law degree with concentrations in business transactional law...more »

Foreign Investments
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US FDI investors view Ireland as a good place to do business
Siliconrepublic.comNovember 1, 2011

Ireland's low Corporate Tax rate remains the key factor for attracting foreign direct investment from the US, new research from law firm Matheson Ormsby Prentice reveals. Matheson Ormsby Prentice represents 27 of the world's 50 largest banks and more ...more »

Antitrust Law, Domestic
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WSU hosts 'Business and the Bill of Rights'
Moscow-Pullman Daily NewsNovember 1, 2011

Business and the Bill of Rights, a free public symposium at WSU, will cover business, law and ethics topics. The symposium is 8 am-5 pm Saturday in Todd Hall 278. An online service is needed to view this article in its entirety. ...more »

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DFRH Announces the Grand Opening of Their 22nd Buffalo Wild Wings Restaurant ...
MarketWatch (press release)November 1, 2011

DRH is approved to franchise Bagger Dave's in the states of Michigan, Indiana, Ohio, Illinois, Kentucky, and Wisconsin. For more information, please visit . The Company is also a leading BWW franchisee and currently operates 22 BWW ...more »

Gaming Law
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Court to Consider Whether Internet Cafe Case Valid
WCTVNovember 15, 2011

A Tallahassee appeals court will hear arguments Tuesday about whether it should revive a lawsuit that could determine whether Internet cafes violate state gambling laws. Allied Veterans of the World, Inc., a major operator of the cafes, ...more »

Banking Law
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Criminal Network Jailed Over 'E-Crime' 1, 2011

The investigation, codenamed Operation Lath, focussed on the activities of a group responsible for conducting a systematic and highly sophisticated banking fraud which attacked the banking accounts of hundreds of online customers. ...more »

Government Construction Contracts
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Minerco gets environmental permit for hydropower project in Honduras
Energy Business ReviewNovember 3, 2011

Minerco is planning to apply for the power purchase agreement by the end of this year. The project has secured all the necessary approvals and contracts from the Secretaria de Recursos Naturales y Ambiente, Honduras' natural resources and environmental ...more »

Business Formation
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Corporate Executive Board Company Stock Upgraded (EXBD)
TheStreet.comNovember 2, 2011

By TheStreet Wire 11/02/11 - 07:00 AM EDT NEW YORK (TheStreet) -- Corporate Executive Board Company (NYSE:EXBD) has been upgraded by TheStreet Ratings from hold to buy. The company's strengths can be seen in multiple areas, such as its revenue growth, ...more »

Institutional Investing
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End Bonuses for Bankers
New York TimesNovember 8, 2011

It would not be too different from what it was like when I was a bank intern in the 1980s, before the wave of deregulation that culminated in the 1999 repeal of the Glass-Steagall Act, the Depression-era law that had separated investment and commercial ...more »

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Brampton criminal intimidation trial thrown out after key witness killed at ...
National Post (blog)November 1, 2011

Larry McCormick, who owned a McDonald's franchise in Brampton, agreed to cover $600000 of the missing money, lawyer Mark Ertel said in court. Thomas was being counted on to verify that fact, Mr. Ertel said Monday. “He really sets up the defence on the ...more »

Court rules retirees' pensions are public
Seacoastonline.comNovember 3, 2011

Retirement system members are state, county and municipal employees, teachers, police officers and firefighters. Their benefits are funded by contributions from public employees and taxpayers, as well as net investment returns. ...more »

Commercial Bankruptcy
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FairPoint trust sues Verizon for $2 billion
BusinessWeekNovember 2, 2011

A litigation trust created for FairPoint Communications Inc. creditors is blaming Verizon Communications for FairPoint's bankruptcy. In a $2 billion fraudulent transfer lawsuit filed in North Carolina last week, the FairPoint ...more »

Internal Investigative Services
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Excerpts from the ruling
Detroit Free PressNovember 2, 2011

... removed from his position with the Professional Accountability Bureau just a few days after Ms. Greene's death, and nothing in the record suggests that he or the Internal Affairs officers he supervised had any intention of investigating her murder. ...more »

Commercial Leasing
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Security Concerns Limit Law Firms' Use of Cloud Computing, The American ...
MarketWatch (press release)November 1, 2011

Respondents were all among the 200 largest US law firms. Full survey results are available from ALM Legal Intelligence at . ALM, an integrated media company, is a leading provider of specialized business news and ...more »

International Transactions
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Latham & Watkins Announces New Partners, Counsel
Main JusticeNovember 7, 2011

She received a JD from New York University School of Law in 2001. William Reckler is a litigator whose practice focuses on white collar defense and investigations, and securities litigation. He has notable expertise in conducting internal ...more »

Communications & Media
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Salem Web Network Launches Newly Redesigned
Stock Markets ReviewNovember 1, 2011

Salem Web Network, the online division of Salem Communications Corporation (NASDAQ: SALM), the leading radio broadcaster, Internet content provider and publisher targeting audiences interested in Christian and family-themed content, today announced the ...more »

David Catania has a new $240000-a-year job
Washington Post (blog)November 2, 2011

(David Catania) On Tuesday, the DC Council took up the “Electrician's Equality Act of 2011,” a bill that changes the licensing requirements for journeyman electricians. It passed with little debate and is notable only because David A. ...more »

Construction & Development
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HunterMaclean receives 21 'first tier' awards from U.S. News & World Report
Savannah Morning NewsNovember 1, 2011

In the survey, HunterMaclean was recognized with first-tier rankings in the following categories: commercial litigation, construction law, employee benefits (ERISA) law, employment law – management, environmental law, health care law, immigration law, ...more »

Locating Funds
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Campaign Money Case to Resurface For Perry, Romney
Wall Street JournalNovember 4, 2011

A Texas court ruled last year the financial aid violated Texas law because, among other reasons, the RGA didn't disclose the underlying source of a portion of the funds. An appeals court could rule soon on a judge's order that the RGA pay a $2 million ...more »

Contracts Involving State & Minicipality
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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 »

Mortgages & Foreclosures
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Cases of people claiming squatter's rights in Tarrant County under inquiry
Fort Worth Star TelegramNovember 5, 2011

The home had been in foreclosure and the mortgage company had gone belly-up. But attorney David J. Willis, board certified in real-estate law, said the state statute on adverse possession is being abused. At times, aggressive investors are trying to ...more »

Corporate Finance & Taxation
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H&R Block Can't Proceed With TaxAct Maker Deal, Judge Rules
BusinessWeekNovember 1, 2011

Howell granted a permanent injunction, saying the “evidence before the court, including documents and factual and expert testimony” showed the proposed purchase violated antitrust law. She ordered that her opinion remain temporarily sealed until the ...more »

Non-Profit Corporations
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12000 Inmates To Be Released Early Due To New Crack Sentencing
News OneNovember 1, 2011

Twenty-five years later NCMEC has become the leading nonprofit organization in the US working with law enforcement to address the problems of missing and sexually exploited children. Today the work of the organization includes twenty different ...more »

Creditor's Rights
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MF Global Customers Call SIPC Asking for Money After Bankruptcy
BusinessWeekNovember 1, 2011

SIPC's proceeding against MF Global is being transferred to US Bankruptcy Court in Manhattan because MF Global consented to SIPC's application to liquidate it, according to Josephine Wang, general counsel for SIPC. MF Global Holdings listed debt of ...more »

Professional Corporations
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Small Business Owners Ask Super Committee To Tax Big Corporations
Huffington PostNovember 4, 2011

Twenty-five companies, led by Wells Fargo, AT&T, and Verizon, enjoyed a combined $114.8 billion in tax breaks from 2008 to 2010, according to a joint study by Citizens for Tax Justice and the Institute on Taxation and Economic Policy released Thursday. ...more »

Customs Disputes
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The World from Berlin By Cutting UNESCO Funding, 'Obama Has Lost Credibility'
Spiegel OnlineNovember 1, 2011

The US announcement that it would quit paying membership fees is inappropriate to the customs of an international organization. Additionally, the uproar over the issues is counterproductive to the aims of those opposed to the admission. ...more »

Public Offerings
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New Orleans District Attorney Leon Cannizzaro is on the right side
NOLA.comNovember 2, 2011

By James Gill Faced with such a ticklish question, David Caldwell, head of the attorney general's public corruption unit, will probably have to ask his dad what to do. This is not to question Caldwell's legal expertise. He wouldn't have gotten his post ...more »

Debt Collection
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Financial Regulations: Obama Takes Another Swing at Big Banks
Business InsiderNovember 1, 2011

“Hoenig has been a critic of large banks, arguing they still pose a threat to the financial system and that the 2010 Dodd-Frank financial oversight law did not do enough to address the issue,” reports Reuters. If Hoenig takes the Vice Chairman role at ...more »

Reorganizations & Restructuring
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Urban Outfitters revamps its management lineup
Philadelphia InquirerNovember 9, 2011

Urban Outfitters Inc. has restructured its management and added a chief executive to oversee its Anthropologie brand, where fashion misses have hurt sales and become a source of increasing concern to investors. The reorganization...more »

Debt Settlement
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JPMorgan, UBS Win Dismissal of Madoff Trustee Picard's Common-Law Claims
BloombergNovember 1, 2011

Trustee Irving Picard lacks standing to demand common-law damages on behalf of customers of Bernard L. Madoff Investment Securities LLC, US District Judge Colleen McMahon ruled today in New York. The decision also eliminates most of the $2 billion in ...more »

State & Minicipal Bonds
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Law Offices of Howard G. Smith Announces Class Action Lawsuit Against K-V ...
MarketWatch (press release)November 3, 2011

BENSALEM, Pa., Nov 02, 2011 (BUSINESS WIRE) -- Law Offices of Howard G. Smith, representing investors of KV Pharmaceutical Company ("KV" or the "Company") , has filed a class action lawsuit in the United States District Court for the Eastern District ...more »

Directors' & Officers' Liability
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SC spares ex-GSIS officers
Sun.StarNovember 1, 2011

THE Supreme Court (SC) spared former Government Service Insurance System (GSIS) president and general manager Winston Garcia and fellow officers from any liability over what state auditors called “unusually large benefits. ...more »

Trade Associations
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Why the financial transaction tax proposal is DOA
Fortune (blog)November 4, 2011

While they will probably succeed in the short run, there is a chance that Congress could be forced to act down the road if there is any major market mishaps linked to high frequency trading. The "flash crash" last year demonstrated how high frequency ...more »

False Advertising
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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 »

Unfair Competition
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FAS Russia terminates antimonopoly case against MMK
SteelOrbis (registration)November 15, 2011

... of the Federal Law "On Protection of Competition". The case was initiated upon petitions from Russian pipe producers Chelyabinsk Tube-Rolling Plant and TMK Group against MMK claiming that the steel producer had imposed unfair contract conditions. ...more »

Federal Contracts
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Social security system is reformed to reflect new retirement realities
International Law OfficeNovember 2, 2011

Where such a contract must be signed simultaneously, the law establishes that there must be some correlation between the contribution assessment basis for the relief worker and that of the semi-retired employee, so that the relief worker is entitled to ...more »

Venture Capital
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Venture Capital Sees Green
RenewablesBizNovember 3, 2011

US venture capital (VC) investment in cleantech companies increased by 73 percent to $1.1 billion in the third quarter of 2011, compared to the year ago period. Deals also increased by 36 percent to 76, according to an Ernst & Young LLP analysis based ...more »

Federal Grants
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Condos awards $23000 in grants to Vermont towns
vtdigger.orgNovember 1, 2011

by Press Release | November 1, 2011 Montpelier – Today, Secretary of State Jim Condos announced that over $23000 in grants were awarded to 5 municipalities to help them to continue to meet the mandates of the federal Help America Vote Act (HAVA) which ...more »


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