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

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NASA Solicitation: P-POD Mating Device to An EELV ESPA SUM
Space Ref (press release)September 1, 2011

FAR 52.212-4 (June 2010), Contract Terms and Conditions-Commercial Items is applicable. (1) 52.233-3, Protest after Award (Aug 1996) (31 USC 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The ...more »

Obama's Seven New Regulations Would Cost US Economy Billions
The New AmericanSeptember 1, 2011

Boehner wrote the President last Friday, "The economy cannot withstand the barrage of major new federal regulations planned by the administration." He noted that the Obama Administration's regulatory agenda counters Obama's proclaimed motive to reduce ...more »

Business Law News and Stories

Advertising
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Gender crime seen in 2 Mexican journalists' deaths
The Associated PressSeptember 2, 2011

The magazine's director, Miguel Badillo, told MVS that Yarce sold advertising for the publication but she was no longer reporting for it. The magazine has sharply criticized the government, and Bardillo said Friday that it has not been given any ...more »

Foreign Investments
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Some of today's trendiest investments are fraud traps
Palm Beach Daily NewsSeptember 3, 2011

In one case, a broker listed a credential as “CHSG” or “Certified High School Graduate” on a business card. ■ Private placements. Private placements are investments that are exempt from certain regulations and disclosure requirements. ...more »

Antitrust Law, Domestic
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Environmental Lawyer Ivan DeVoren Joins Energy Law Firm of Burleson LLP
PR Newswire (press release)September 15, 2011

... and divestitures; finance; private equity; venture capital; securities; corporate governance and compliance; patents and intellectual property; title review; real estate; litigation; and bankruptcy/restructuring, land use, and environmental law. ...more »

Franchising
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Bad moves, bad karma tough on faithful Miami Dolphins fans
MiamiHerald.comSeptember 1, 2011

In Miami, as much as it feels like superstition, there is eternal waiting for the law of averages to kick in. There is an ongoing, perhaps unspoken thought that misfortune has haunted this franchise for too long and that, well, that fate owes us. ...more »

Gaming Law
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Mohegan: We're ready to build Palmer casino
Worcester TelegramSeptember 14, 2011

They said it was unlikely their financial partner would be revealed until they went before the gaming commission for a license. Paul E. Burns, council president, asked how quickly the tribe was prepared to move ahead and was told, “Our lawyers and your ...more »

Banking Law
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Political pressure will come to bear on US margin rules – Risk.net poll
Risk.netSeptember 5, 2011

A foreign covered swap entity is defined as a covered swap entity that is not a company organised under the laws of the US, is not a branch or office of a company organised under US law, is not a US branch, agency or subsidiary of a foreign bank, ...more »

Government Construction Contracts
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Saipem Wins $650m EPC Contracts in Nigeria, Canada
THISDAY LiveSeptember 27, 2011

The Nigerian contract was awarded by the Rivers State Government for the construction of the second train of the Independent Power Plant at Afam in the State. Under the terms of the contract, which was for 18 months, Saipem would be responsible for the ...more »

Business Formation
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Angeion Corporation Reports Third Quarter Fiscal 2011 Operating Results
PR Newswire (press release)September 1, 2011

“Bringing stability to Angeion as an operating company is well underway,” said Gregg O. Lehman, Ph.D., President and Chief Executive Officer of Angeion Corporation. “Change is needed to become a consistently profitable company and we are examining ...more »

Institutional Investing
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SNR Denton Adds Cross-Border Energy M&A Team With Outbound Chinese Investment...
MarketWatch (press release)September 7, 2011

She also frequently speaks and writes on investment strategy and international anti-money laundering compliance. Hagler received her JD cum laude from Georgetown University Law Center, an MS degree cum laude from Georgetown University School of Foreign ...more »

Commercial
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Man gets 16 years for NY bar bathroom beating
Wall Street JournalSeptember 1, 2011

With the woman in the courtroom audience, Mbarek Lafrem tried unsuccessfully to withdraw his guilty plea as he faced sentencing, filing papers he'd drawn up without his lawyer's input. People are warned when pleading guilty that they can't change their ...more »

A Call to Reform Wisconsin's Class-Action Statute
WisBarSeptember 1, 2011

The court found commonality requires only “a community of interest among [the class members] in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual ...more »

Commercial Bankruptcy
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Oakley Station principal files for bankruptcy
Cincinnati.comSeptember 2, 2011

Rob Smyjunas, the developer reviving plans to convert the old Milacron site in Oakley into residences, retail, offices and an entertainment complex, has filed personal bankruptcy. In the Tuesday Chapter 11 filing in US Bankruptcy Court, the principal ...more »

Internal Investigative Services
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Lower Merion Investigation Concludes Administration Did Not Discriminate
Patch.comSeptember 22, 2011

In another matter, the township conducted its own internal investigation into allegations that a Lower Merion police officer vandalized his neighbor's home and found no evidence to support the allegation. By Alicia Guide Township-initiated ...more »

Commercial Leasing
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The Biking Detective
Wall Street JournalSeptember 1, 2011

Mr. Pelecanos has mostly spurned the tropes of commercial crime fiction. While several of his books feature recurring characters, including his alter ego Nick Stefanos, he has set aside popular characters and even killed one off because he didn't want ...more »

International Transactions
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Lehman, Venue, Innkeepers, Thornburg, Sbarro: Bankruptcy
BusinessWeekSeptember 12, 2011

King was the country's leading authority on bankruptcy law and a principal author of the Collier bankruptcy treatise. The present system wasn't without supporters. David A. Skeel of the University of Pennsylvania Law School testified that “removing the ...more »

Communications & Media
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Pa. judge defends jury selection secrecy
Houston ChronicleSeptember 1, 2011

Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association, told The Dispatch that Kennedy's tactic was inappropriate. "It certainly shows a lack of understanding of the constitutional guarantee for open courts and open judicial ...more »

Prince ordered by judge to pay $4 million in perfume lawsuit
OnTheRedCarpet.comSeptember 3, 2011

According to the New York Law Journal, judge Louis Crespo plans to award Revelations their out of pocket loss of $3.9 million from production, development and distribution. However, Crespo rejected the perfume company's claim for an additional $3.4 ...more »

Construction & Development
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Go Green . . .
The Weekly StandardSeptember 3, 2011

In all, 53 federal programs that encourage development no longer function on barrier islands. The law changed everything on Assa-teague. While a few private landholdings (mostly hunting camps) remained until the middle of the last decade, ...more »

Locating Funds
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Madoff Trustee Can't Use U.S. Law Abroad, Funds, Banks Argue
BloombergSeptember 2, 2011

Banco Bilbao Vizcaya Argentaria SA asked a judge this week to dismiss a $45 million suit by Picard, saying US bankruptcy law doesn't empower him to take back money withdrawn from the Ponzi scheme in other countries. “The statute is silent as to its ...more »

Contracts Involving State & Minicipality
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Unionized Workers Fight NJ Pension 'Reforms'
Courthouse News ServiceSeptember 2, 2011

They say the new law impairs contracts, violates due process, underfunds pensions, delegates "unrestrained authority" to degrade the system even further - and that the state created the crisis by its systemic "underfunding of the pension funds since ...more »

Mergers, Acquisitions & Divestitures
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Petro-Canada Netherlands BV - Oil & Gas - Deals and Alliances Profile
AddPR.com (press release)September 3, 2011

Petro-Canada Netherlands BV - Oil & Gas - Deals and Alliances Profile provides you an in-depth data and trend analysis of the company's mergers and acquisitions (M&A) and financings. The report provides detailed information on M&A, Equity/Debt ...more »

Corporate Finance & Taxation
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Upstart Legal Services Gain Traction
InfoToday.comSeptember 1, 2011

Tabulaw also produces a website for tax professionals, Tax 26. Tax26 is meant for anyone who works with Federal tax law in the US “We are building tools for tax lawyers and other professionals to create “living” secondary sources: news, posts and other ...more »

Mortgages & Foreclosures
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Scorpions in a Bottle: Wall Street Mavens Turn on Each Other
Pacific Free PressSeptember 3, 2011

Bloomberg News exposes this latest Fed “deal” after winning a long Freedom of Information Act (FOIA) legal battle to get the details on what was done with the American people's money. Their report runs with an AmpedStatus style headline: “Wall Street ...more »

Creditor's Rights
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MF Vang vs. TCF National Bank
Rosemount Town PagesSeptember 1, 2011

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTIFICATION OF THE ORIGINAL CREDITOR WITHIN THE TIME PERIOD PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the mortgage dated November ...more »

Non-Profit Corporations
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Congress considers law allowing interstate travel with concealed guns
Gant DailySeptember 12, 2011

He is the founder of a nonprofit organization called Mayors Against Illegal Guns. After a shooting last week in Carson City, NV, in which a man carrying an AK-47 assault rifle burst into a restaurant and began shooting randomly, Bloomberg told the New ...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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The Future is Unclear for Tyco International In-House Lawyers
Corporate CounselSeptember 21, 2011

Tyco International Ltd. announced this week that it is breaking itself into three publicly traded companies. So what happens to the global manufacturing company's corporate legal department and to the regional lawyers around the world who serve its ...more »

Debt Collection
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Fair Debt Collection Practices Act FDCPA in Ohio
YouTubeSeptember 2, 2011

http://www.unfairdebtcollectioncenter.com Kahn & Associates law firm outlines the federal Fair Debt Collection Practices Act (FDCPA) laws in Ohio.more »

Public Offerings
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Former Cal Poly Student scheduled for arraignment
Inland Valley Daily BulletinSeptember 1, 2011

... charges he spied on men in a public restroom using his cell phone. Fabian Nunez, 24 of Santa Ana is facing 23 misdemeanor counts of disorderly conduct by unlawful viewing, according to a news release from the Santa Ana District Attorney's Office. ...more »

Debt Settlement
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Forty-Eight Calls a Day: When Banks REALLY Want to Collect on a Debt
InsideARMSeptember 6, 2011

Her claim is that Bank of America violated state debt collection laws. Bank of America, of course, has declined to comment. Or respond in court. The article additionally points out — and I found this very curious — that the FTC, usually more ...more »

Reorganizations & Restructuring
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GM Eyes Profitability in Europe Along With Ford on Improvements
San Francisco ChronicleSeptember 13, 2011

The company, which went through a US bankruptcy reorganization in 2009, also revamped its European operations, including paring production capacity by 20 percent, closing a plant in Belgium and cutting 8000 jobs. The US restructuring has helped GM's ...more »

Directors' & Officers' Liability
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Did Centro's directors really get off lightly?
The ConversationSeptember 5, 2011

The liability judgment, for example, stressed the fact that reliance on the financial staff and auditors did not protect the directors from liability because of their failure to make an independent assessment in light of what they knew about the ...more »

State & Minicipal Bonds
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Law Offices of Howard G. Smith LLP Announces Investigation of American Medical ...
MarketWatch (press release)September 23, 2011

LOS ANGELES, Sep 23, 2011 (BUSINESS WIRE) -- Law Offices of Howard G. Smith announces that it is investigating potential claims against the Board of Directors of American Medical Alert Corp. ("American Medical" or the "Company") ...more »

False Advertising
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Why Private Equity May Dial Up AOL
BusinessWeekSeptember 1, 2011

The Internet pioneer spun off from Time Warner in 2009 plunged to a record low of $10.22 on Aug. 10 after cutting this year's profit forecast because of slowing growth in display advertising sales on its niche content websites. ...more »

Trade Associations
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Telecoms, IT, Electronics, Media & Internet
Balkans.com Business NewsSeptember 7, 2011

That was also the period of the beginning of application of the new, ie first Yugoslav corporate law. Therefore, it can be justifiably claimed that JPM is the first law office in Serbia which was established subject to the “business law firm” concept, ...more »

Federal Contracts
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Worker safety as a public policy
Washington PostSeptember 12, 2011

New York decision, in which the Supreme Court held unconstitutional a New York law regulating the work hours of bakers as a violation of “liberty of contract” — a liberty mentioned nowhere in the Constitution [“Why liberals fear 'Lochner,' ” op-ed, ...more »

Unfair Competition
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Butler Snow's Van Horn Sworn in as TBA President
Memphis Daily NewsSeptember 7, 2011

Van Horn currently focuses his practice on business torts, unfair competition, insurance coverage disputes, complex commercial litigation and product liability. He recently unveiled a four-point plan for his year in office called the “All-Access ...more »

Federal Grants
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US military contractors' fraud revealed
Press TVSeptember 4, 2011

Since 2002, the US has spent some USD 206 billion on grants and entered into agreements with private military contractors. According to Michael Thibault, a co-chairman of the panel, the US government's oversight led to waste, fraud and abuse. ...more »

Venture Capital
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'Freemium' approach attracts venture capital
Montreal GazetteSeptember 6, 2011

These are among a slew of venture-capital backed businesses that offer some products and services free, then try to lure customers into upgrading to premium versions that cost money. This approach is known as the freemium business model, ...more »

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