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

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Discrimination hearing will be set for former Mason City police officer
Mason City Globe GazetteSeptember 1, 2011

Regarding the religion discrimination, Ohl said in her deposition, “Repeated comments from other officers and supervisor about my religious practices also lead me to believe the decisions to deny me promotional opportunities and treat me differently ...more »

Oil spill aftermath tests the legal waters
China DailySeptember 1, 2011

"Obviously in the case of the Bohai oil spills, polluting companies are not deterred by the government's administrative power, which has always been a major force in tackling pollution problems in China," said Zhou Ke, a law professor at Beijing-based ...more »

Business Law News and Stories

Advertising
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Viewpoints: A grand bargain: Tax hike, pension fix
Sacramento BeeSeptember 4, 2011

Do not use the commenting system for advertising. That's spam and it isn't allowed. • Don't use all capital letters. That's akin to yelling and not appreciated by the audience. • Don't flag other users' comments just because you don't agree with their ...more »

Foreign Investments
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Direct Investments From China Reach P30.4 Billion In 5 Years
Manila BulletinSeptember 1, 2011

Year 2010 was a recovery of Chinese interests in the Philippines as the world's largest richest country resumed its foreign investments. Chinese direct investments hit invested P5.657 billion in 2010 or more than double the previous year to account for ...more »

Antitrust Law, Domestic
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Copyright law supports failing business model - TUANZ head
New Zealand HeraldSeptember 1, 2011

File photo / Thinkstock The head of the Telecommunications Users Association of New Zealand has slammed the new "three strikes" law as an act which "serves only to support a business model that no longer works in the internet age". ...more »

Franchising
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A Franchise Star Anchors The Newest Madden
Kotaku AustraliaSeptember 1, 2011

Disaster struck in week nine when I lost my starting right tackle, Khalif Barnes, for the year with a busted tailbone. Two weeks later, I lost my starting right guard, Cooper Carlisle, effectively for the year with a partial ACL tear. ...more »

Gaming Law
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Ownership of Dotty's files lawsuit against state Gaming Commission
Las Vegas Review-JournalSeptember 19, 2011

The ownership of Dotty's Gaming & Spirits has filed a lawsuit against the Nevada Gaming Commission, seeking to overturn an aspect the body's regulatory changes last month governing the operation of slot machines inside a tavern. ...more »

Banking Law
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Senate panel OKs inquiry into bank deposits without owner's permission
GMANews.TVSeptember 1, 2011

The Senate sub-committee on Anti-Money Laundering Law Amendments has agreed to amend a provision in the law which would allow the Anti-Money Laundering Council (AMLC) examine suspicious bank deposits even without the permission of the account owner. ...more »

Government Construction Contracts
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State websites are recognized
Albany Democrat HeraldSeptember 6, 2011

The site displays information in a wide range of datasets, including state agencies' expenditures, buildings leased by state government, salaries of state workers, state contracts with private businesses, and more than 150 others. ...more »

Business Formation
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News Corp Nominates Venture Capital Partner To Join Board
Wall Street JournalSeptember 2, 2011

(NWS, NWSA) nominated James W. Breyer, a partner at global venture capital firm Accel Partners with experience as an investor in a number of Internet, media and technology companies, to join the media company's board. Breyer, 50 years old, ...more »

Institutional Investing
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SEC requests comments on use of derivatives by investment companies
CanadianSecuritiesLaw.com (press release)September 2, 2011

On August 31, the US Securities and Exchange Commission issued a concept release on the use of derivatives by mutual funds and other investment companies registered under the Investment Company Act of 1940. In the release, the SEC noted the "dramatic ...more »

Commercial
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California Attorney Chris Van Hook Announces Best Practices Certified Medical ...
San Francisco Chronicle (press release)September 3, 2011

... for growers and for handlers/processors/dispensaries; formation of grower collectives and nonprofit corporations; commercial leases; product licensing; contracts and real property issues; administrative law; and permit assistance and acquisition.more »

The GOP's Misguided Campaign Against the United Nations
The AtlanticSeptember 2, 2011

... Nations and undermine critical US national interests. It would alienate US allies, encourage other nations to adopt similarly irresponsible policies, and impose heavy costs on US taxpayers. Fortunately, the bill has zero chance of becoming law. ...more »

Commercial Bankruptcy
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Granite lady
European VoiceSeptember 1, 2011

At one point, she entertained the idea of becoming an art student, but the death of a brother steered her back to the family fold, to manage the family business. There, she began in local politics. Four years later, in 1990, she gained a place in the ...more »

Internal Investigative Services
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Andrew M. Genser, Partner, Kirkland & Ellis LLP to Speak at KC's Legal Series ...
PR.com (press release)September 15, 2011

Andrew M. Genser represents individuals and corporations in a wide variety of criminal and regulatory investigations by both state and federal authorities, and conducts internal investigations on behalf of corporate clients. Mr. Genser's civil practice ...more »

Commercial Leasing
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Get help before signing a lease for rights
New Philadelphia Times ReporterSeptember 4, 2011

You need to obtain solid legal, tax planning and financial planning advice to make sure that you understand the terms of the lease and what you will net after taxes. Although the signing bonus and anticipated royalties can be large, these funds should ...more »

International Transactions
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Protected cell companies and incorporated cell companies
International Law OfficeSeptember 1, 2011

... and as such, a foreign court may be less inclined to enforce them as a matter of private international law. A further concern affecting PCCs incorporated outside Jersey is the ability of a creditor or shareholder of a single cell, in effect, ...more »

Communications & Media
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Holmes Report Announces Conference, Awards Dinner In Asia
The Holmes ReportSeptember 4, 2011

... and agencies will examine how the region's homegrown brands can translate their regional success onto a global stage, looking at such key PR challenges as brand positioning, crisis communications, CSR, media relations and digital and social media. ...more »

Patent reform OK'd; critics say it impedes start-ups
Milwaukee Journal SentinelSeptember 9, 2011

... managing director of the patent licensing arm of the University of Wisconsin-Madison, the Wisconsin Alumni Research Foundation. The view in Washington was diametrically different: The Senate overwhelmingly approved the America Invents Act by a vote ...more »

Construction & Development
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Twenty-Six New Laws For El Paso Go Into Effect Friday
KFOX El PasoSeptember 2, 2011

If federal funds for highway improvement become available, the state will be able to apply for these funds for our community. · House Bill 1899*: Cities with bans prohibiting cell phone use while driving (like El Paso) will no longer be required to ...more »

Locating Funds
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What's in Obama's stimulus plan
CNNSeptember 9, 2011

On Thursday, Obama said funds would be distributed based on "how badly a construction project is needed and how much good it would do for the economy." Immediate surface transportation: Nodding to an idea supported by both the AFL-CIO and the US ...more »

Contracts Involving State & Minicipality
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Copyright law supports failing business model - TUANZ head
New Zealand HeraldSeptember 1, 2011

File photo / Thinkstock The head of the Telecommunications Users Association of New Zealand has slammed the new "three strikes" law as an act which "serves only to support a business model that no longer works in the internet age". ...more »

Mergers, Acquisitions & Divestitures
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Mercedes-Benz Adopts MOST(R) Network Technology in Latest M-Class SUV
MarketWatch (press release)September 12, 2011

Our forward looking statements are qualified in their entirety by the inherent risks and uncertainties surrounding future expectations and may not reflect the potential impact of any future acquisitions, mergers or divestitures. ...more »

Corporate Finance & Taxation
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Op-Ed: Why taxation is unnecessary
DigitalJournal.comSeptember 1, 2011

The truth is, all taxation is totally unnecessary. On BBC's current affairs Newsnight programme last night, there was a big debate about this issue which included contributions from Tory heavyweight John Redwood. At first glance it sounds good, ...more »

Mortgages & Foreclosures
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AG: Duo swindled homeowners in scam
Providence Eyewitness NewsSeptember 15, 2011

David Conti and Lucy Ruiz are accused of violating several laws including the Deceptive Trade Practices Act and the Mortgage Foreclosure Consultant Regulation Act. The Attorney General's Office said Ruiz and Conti targeted distressed homeowners mainly ...more »

Creditor's Rights
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Appeals Courts Split on Creditors' Right to Bid in Auction Sales
New York TimesSeptember 7, 2011

... of relevance only to law professors and other unbridled bankruptcy enthusiasts, but its actual meaning is rather vague. I have always taken it as meaning that if the debtor can think up another way to give the creditor the exact equivalent of its ...more »

Non-Profit Corporations
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Austin now allowing supporters to weigh in on nonprofit contracts
Austin American-StatesmanSeptember 23, 2011

City staffers agreed that the law was unclear and said that residents who speak on behalf of nonprofit groups vying for that money risked having their charities disqualified from the bid process. Now a memo from the city legal department gives Austin ...more »

Customs Disputes
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Law prof to head press council
Calgary HeraldSeptember 1, 2011

She has worked as a lawyer in Canada since 1995, and has also worked as a legal adviser with the federal Department of Foreign Affairs and International Trade. Harrington holds a BA from the University of British Columbia, a law degree from the ...more »

Professional Corporations
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Joe West's First Day at the Minority Corporate Counsel Association
Corporate CounselSeptember 9, 2011

MCCA has been pushing for diversity at corporate legal departments and law firms since it was founded in 1997. Now, West, who is African-American and the former head of outside counsel management for Wal-Mart, is planning an agenda that will emphasize ...more »

Debt Collection
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Banks say US tax deal must respect Swiss law
swissinfo.chSeptember 5, 2011

Investigations have widened to around ten Swiss banks and Credit Suisse was recently served with official notice that it was being probed. Stories are also appearing in the media that the US negotiators are losing patience with their Swiss counterparts ...more »

Public Offerings
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Pro Bono Attorney of the Month: Valerie Faltemier
Jacksonville Daily RecordSeptember 12, 2011

“Two relatives from out of state were willing to take on the awesome responsibility of continuing to raise this young girl, although they did not have the financial ability to hire an attorney to file a petition for guardianship of the child with the ...more »

Debt Settlement
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Harrisburg City Council Rejects Fiscal Plan to Rescue Pennsylvania Capital
BloombergSeptember 1, 2011

The capital is barred from declaring bankruptcy before July, according to a Pennsylvania law that also calls for the city to lose state funds if it does. Councilman Kelvin Summerford, who supported the mayor's plan, said its defeat further clouds the ...more »

Reorganizations & Restructuring
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Miami-Dade Commission backs budget, but demurs on reorganization plan
MiamiHerald.comSeptember 10, 2011

So I don't get it.” On Sept. 1, Martinez issued a statement asking the mayor for more urgency in his plans. “I have once again requested from the Mayor to provide us with his restructuring plan immediately,” Martinez said in a statement at the time.more »

Directors' & Officers' Liability
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Pierce The Bank Of America/Countrywide Veil? No ...
Seeking AlphaSeptember 2, 2011

These allegations are insufficient to plead successor liability under the doctrine of de facto merger. Moreover, while the SAC alleges that NB Holdings “had the power and influence and exercised the same to cause the Issuer Defendants to engage in the ...more »

State & Minicipal Bonds
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Chicago Business Law Firm Horwood Marcus & Berk Adds Four Corporate Partners ...
MarketWatch (press release)September 13, 2011

The four most recently practiced in the Chicago office of a large Detroit-based law firm and prior to that the former banking and bankruptcy boutique, Schwartz Cooper. The new partners are Robert Dunn Glick, Eric (Rick) S. Rein, Martin W. Salzman and ...more »

False Advertising
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Everything Orange Photo Contest!
Syracuse.comSeptember 1, 2011

Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner and his/her Submission for editorial, advertising and publicity purposes by the Sponsor ...more »

Trade Associations
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Business Owners Say Lacey Act Can Save Jobs
Furniture TodaySeptember 30, 2011

HIGH POINT - Gibson Guitar's attacks on the Lacey Act have left many small wood industry businesses wondering how a law meant to protect American jobs could be criticized by the guitar maker as an employment killer. Gibson's Nashville facilities were ...more »

Federal Contracts
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The Legal Ins and Outs of Post-Disaster FEMA Aid
Corporate CounselSeptember 2, 2011

He now runs FEMA Law Associates, a private practice he started in 2001, representing organizations that are eligible for receiving such disaster relief funds, including state and local governments, and non-profit utilities and medical facilities. ...more »

Unfair Competition
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Real estate: DLF penalised
Moneylife Personal Finance site and magazineSeptember 19, 2011

The Rs630-crore penalty that the Competition Commission of India (CCI) slapped on realty giant DLF has been hailed by all. DLF was found abusing its dominant market position, disregarding consumer interests and engaging in unfair practices, ...more »

Federal Grants
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Alabama Immigration Bill Temporarily Blocked
US Migration ExpertSeptember 1, 2011

The implementation of a new immigration law in Alabama will be temporarily delayed after a US District Judge grants a temporary injunction against it. On August 29, US District Judge Sharon Blackburn granted a temporary injunction against Alabama's new ...more »

Venture Capital
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Silicon Valley titans pour millions into new Chinese Internet fund
San Jose Mercury NewsSeptember 1, 2011

Hand-picked by Bill Gates and Larry Page to lead the respective efforts of Microsoft and Google (GOOG) in the Asian powerhouse, Lee left all that behind two years ago to found Innovation Works, a venture capital fund for early-stage Chinese tech ...more »

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