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

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Anglo Irish asks U.S. court to deny ex-CEO protection
ReutersSeptember 1, 2011

DUBLIN (Reuters) - Anglo Irish Bank ANGIB.UL asked a US court on Wednesday to deny its former chief executive David Drumm a discharge from United States bankruptcy laws as it seeks to recover debts of nearly $11 million from its former CEO. ...more »

Arapahoe County voters to consider open space sales tax extension
Our Colorado NewsSeptember 1, 2011

1 to consider extending the 0.25 percent open space sales and use tax. The tax is dedicated to preserving natural areas, enhancing neighborhood parks, building and maintaining trail connections and protecting heritage areas. ...more »

Business Law News and Stories

Advertising
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The Buzz: Bill seeks to loosen rules for LA stadium
Sacramento BeeSeptember 3, 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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Reform NLRB To End Its Role As A Job Killer
Investor's Business DailySeptember 2, 2011

This, even as states like Georgia, Tennessee and South Carolina — and, more importantly, countries like Mexico — which have less-onerous labor laws, have enjoyed increased auto manufacturing investment and the high-paying jobs the industry creates. ...more »

Antitrust Law, Domestic
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Check reviews: Has employee ever complained?
Business Management DailySeptember 3, 2011

Aggressive attorneys don't stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky's-the-limit damages. This Florida-specific newsletter ...more »

Franchising
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Miami Dolphins: Training camp and preseason superlatives
Sun-SentinelSeptember 2, 2011

- The Miami Dolphins produced a 3-1 record during the 2011 exhibition season, and in the seven seasons the teams has finished with that record the franchise has never fielded a losing season. That's reason for optimism, ...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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Washington Against Heroes: The <i>Post</i> Attacks Eric Schneiderman
Huffington Post (blog)September 6, 2011

The Post says Mr. Schneiderman is "squabbling" with other Attorneys General as they negotiate a settlement with major banks over criminal foreclosure actions. These misdeeds capped a massive Wall Street crime wave that included perjury as well as ...more »

Government Construction Contracts
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US spends billions outsourcing work
Dayton Daily NewsSeptember 17, 2011

And competitive bidding for contracts should give the government fair prices for the work it hires out, they said. “There are many functions that are intermittent,” said Bill Butt, president of Butt Construction Co., a Beavercreek-based company that ...more »

Business Formation
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Business of Law
Denver Business JournalSeptember 2, 2011

Masters has his own firm, Masters Law Firm, in Montrose. Dana Collier Smith, assistant executive director of both the Colorado and Denver bar associations, was named president of the National Association of Bar Executives. BOARDS: The Colorado Defense ...more »

Institutional Investing
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Jury awards star bond investor Jeffrey Gundlach $66.7 million in TCW battle
Economic TimesSeptember 17, 2011

TRADE SECRETS TCW contended that Gundlach stole its secrets, including client lists and investment data. Trade-secrets law can be murky, often boiling down to whether someone conspired to steal confidential information for a new enterprise. ...more »

Commercial
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Peter S. Reinhart Joins Giordano, Halleran & Ciesla as Of Counsel
PR Web (press release)September 1, 2011

Mr. Reinhart currently teaches courses in real estate law, real estate development, lease negotiations, redevelopment, and business law at Monmouth University. A graduate of Franklin and Marshall College and an honors graduate of Rutgers Law School in ...more »

SkyHAWKE TECHNOLOGIES LLC v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
Leagle.comSeptember 1, 2011

The Agreement also contained a trade secret and confidentiality agreement regarding SkyHawke's proprietary software. (Agreement at Exhibit A, RR at 61a-62a; FOF ¶ 7.) Additionally, the Agreement included a Third Party Services provision through which ...more »

Commercial Bankruptcy
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ISDA Reviews Rules For When Default Insurance Should Pay Out
Wall Street JournalSeptember 2, 2011

Aurelius contends that the company's admission in writing should be enough to trigger a bankruptcy credit event, providing coverage to any swap buyer whose contract might mature before a formal filing for Chapter 11 protection. ...more »

Internal Investigative Services
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Report slams CCC over police brutality complaints
ABC OnlineSeptember 8, 2011

An internal investigation found the officers acted appropriately. The Deputy Chairman of the Joint Standing Committee on the CCC John Hyde says the report's findings are shocking. "As a member of parliament I am very concerned," he said. ...more »

Commercial Leasing
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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 »

International Transactions
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Baker Botts names Dubai partner
Trade ArabiaSeptember 11, 2011

Vanessa Abernethy, an expert in capital markets transactions in the region, has joined leading international law firm Baker Botts as a partner in its Dubai office. Abernethy specializes in transactional and advisory work and has advised clients raising ...more »

Communications & Media
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Best Lawyers in America Recognizes Sixty-Five Bracewell Attorneys
PR Newswire (press release)September 2, 2011

... Patent Law Marcy E. Kurtz - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation - Bankruptcy Thomas D. Manford III - Leveraged Buyouts and Private Equity Law Edgar J. Marston III - Corporate Governance Law, ...more »

Abortion law pioneer David Steel asks MPs to reject change
The GuardianSeptember 3, 2011

Steel said: "Under the Abortion Act, the Department of Health has complete power over licensing and de-licensing clinics. If there were any evidence of failure to carry out proper counselling of patients, they can close clinics. ...more »

Construction & Development
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Metallurgical Corporation To Accelerate Pace Of Strategic Transformation
CapitalVueSeptember 2, 2011

During the first half of 2011, the company injected 3.94 billion yuan into the development of affordable housing. Construction area hit 7.995 million square meters, of which 2.136 million square meters were newly-launched. It completed construction of ...more »

Locating Funds
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How Congress Just Failed to Fix America's Broken Patent System
MIT Technology Review (blog)September 13, 2011

Paul Ryan (R-WI) and Appropriations Committee Chairman Hal Rogers (R-KY), who appear to have been confused about the source of the USPTO's funds. (Ie, not taxpayer dollars.) The news isn't all bad, however. The act does expand the "prior use" defense ...more »

Contracts Involving State & Minicipality
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Municipality Goes to Court to Seek Back Funding from State
ERR NewsSeptember 2, 2011

The Tallinn Administrative Court has decided to hear the case of a municipality in northern Estonia suing the state for funds that it has forgone due to reduction in the land tax. Municipalities clamoring for state budget funds has been a common theme ...more »

Mergers, Acquisitions & Divestitures
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AlixPartners forecasts year of IT M&A ahead
V3.co.ukSeptember 20, 2011

The growing gap in the IT industry between those that are failing and those performing well is likely to lead to a year of mergers and acquisitions, according to US consulting firm, AlixPartners. The firm's latest research found ...more »

Corporate Finance & Taxation
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Obama's Close Ties To CEOs Whose Firms Dodge Taxes
Huffington PostSeptember 1, 2011

Cote scored $15.2 million in pay last year, while Honeywell secured a $471 million tax benefit. Honeywell told HuffPost that it complied with tax laws and that its executive pay standards are guided by executive performance. The company also said it is ...more »

Mortgages & Foreclosures
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Free foreclosure prevention workshop today
WKYC-TVSeptember 22, 2011

The aim is to arm homeowners with the information they need to protect themselves from the many troubling aspects of foreclosure situations. The workshop features free legal advice about the most common loan document problems, explanations of the laws...more »

Creditor's Rights
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Lawyer Discipline
WisBarSeptember 1, 2011

Schoenecker stipulated to the revocation of the discharge, acknowledging that he had filed false schedules, had testified falsely at the creditors' meeting, and otherwise had violated federal bankruptcy law. By agreeing to represent the fiancée while ...more »

Non-Profit Corporations
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John and Ken's Misguided Fury on Immigration
Huffington Post (blog)September 8, 2011

As a spokesman for CHIRLA, a non-profit immigrant rights organization, I have had my share of uncomfortable moments on and off the air with people who do not agree with my organization's stands. Differences of opinion are part of the democratic process ...more »

Customs Disputes
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Lost in Detention: An Immigrant Mother's Struggle to Reunite with Her ...
Fox NewsSeptember 6, 2011

Customs and Border Protection (CPB), which found the child near Tucson, Ariz., handed the child over to Immigration and Customs Enforcement (ICE). ICE, according to Cortez, would not give the family's attorney proper access or information on the ...more »

Professional Corporations
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Can UK talent make white shoe firms a good fit in Hong Kong?
The LawyerSeptember 5, 2011

In addition, HKEx estimates that there were 187.2 million equity transactions during 2010, but according to the Law Society of England and Wales there are around 6500 practising solicitors in Hong Kong. The real challenge, then, is less for clients and ...more »

Debt Collection
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Debt After Death: Banks Chase Down Mourners
WISC MadisonSeptember 3, 2011

However, the agents told her that since the calls were computer-generated they couldn't stop them until the debt was paid. Crabtree's lawsuit claims that Bank of America violated state debt collection laws. Her lawyer, Gary Shigemura, said the bank has ...more »

Public Offerings
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[UPDATED with FFFF Posts City's Attorney's Response To Public Records Request ...
OC Weekly (blog)September 1, 2011

1 2011 at 1:02 PM ​UPDATE, SEPTEMBER 1, 1:02 PM:Today, the Friends For Fullerton's Future blog posted a public records request response they got from the city of Fullerton's attorney. A PDF of the letter, which you can read in the main blog post, ...more »

Debt Settlement
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Data security company emerges from Chapter 11 bankruptcy after two years
Bankruptcy HomeSeptember 1, 2011

QSGI, a data security company based in Palm Beach, Florida, recently emerged from its protection under Chapter 11 bankruptcy law. QSGI, a data security company based in Palm Beach, Florida, recently emerged from its protection under ...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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DOJ studying Mike A's return to BI watchlist
Philippine StarSeptember 4, 2011

Robredo said the National Police Commission (Napolcom), which he chairs in concurrent capacity, has initiated the investigation on the administrative liability of the active police personnel. If evidence warrants, Robredo said police officers found ...more »

State & Minicipal Bonds
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Know the law when doing business in foreign countries
Troy Media CorporationSeptember 6, 2011

Finally, if you are travelling for business, even to someplace as familiar as the US, get professional advice from lawyers, accountants and business consultants knowledgeable about the country you are heading to. There will be costs but no matter how ...more »

False Advertising
[read all news]
No Trial on Google's 3G Smartphone Promises
Courthouse News ServiceSeptember 1, 2011

McKinney and Nabors each sued Google and HTC Corp., on behalf of other consumers, for 10 causes of action, including breach of express and implied warranties, false advertising, and unfair competition. "General assertions about representations or ...more »

Trade Associations
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TAA Legislation Perched to Take Center Stage
Roll Call (subscription)September 6, 2011

Part of the problem for Sessions — and the sleeping bag manufacturer — is that even though it applies to a "loophole," a change to existing trade law is technically defined as an earmark under the House's prohibition. As a result, even if Camp and ...more »

Federal Contracts
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State wants Alamo to have director
San Antonio ExpressSeptember 1, 2011

The DRT recently hired Home Team Pest Defense to catch rats in the DRT Library and basement below the Sales Museum. One rat chewed a utility line in May, interrupting the Alamo's Internet service, employees said. The Land Office didn't know of the ...more »

Unfair Competition
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Calculating Monetary Damages In Theft of Trade Secrets Cases
New York Law JournalSeptember 9, 2011

Autodesk Inc. , the Second Circuit Court of Appeals, citing the Restatement of the Law on Unfair Competition, stated that, "if the trade secret accounts for only a portion of the profits earned on the defendant's sales, such as when the trade secret ...more »

Federal Grants
[read all news]
Perry's Texas involved in Texans' lives
Houston ChronicleSeptember 2, 2011

Law banning recognition of same-sex marriages or civil unions formed in other states (signed by Perry in 2003). Creation of Texas Enterprise Fund to give grants to businesses to spur jobs; signed by Perry in 2003. ...more »

Venture Capital
[read all news]
Turnberry to Acquire Wildhorse Property in North-Eastern British Columbia from ...
MarketWatch (press release)September 1, 2011

David E. De Witt, Chief Executive Officer and Director Mr. De Witt is a founder and chairman of Pathway Capital Ltd., a Vancouver based private venture capital company. Mr. De Witt graduated with a BComm/LLB from the University of British Columbia in ...more »

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