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

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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 »

Florida Bar levies punishment on Trinity attorney for employee's actions
Tampabay.comSeptember 1, 2011

All three clients met with Perez, believed him to be an attorney and decided to hire the firm, according to the Florida Bar. Perez advised one woman to max out her credit cards before filing for bankruptcy; he told a man facing foreclosure to send his ...more »

Business Law News and Stories

Advertising
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Google wins antitrust case against Ohio firm
InquirerSeptember 2, 2011

The law requires it to show that competition in general suffered due to Google's alleged actions, the judge said, and thus he handed Google a victory that will give the advertising giant hope. It is hard for companies to show widespread damage done by ...more »

Foreign Investments
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Health Ministry wants FDI safeguards to keep drug prices low
The HinduSeptember 3, 2011

Keeping in view the need to exercise a certain degree of supervision over takeovers, the Ministry has recommended that prior approval of the Foreign Investment Promotion Board (FIPB) be made mandatory. And while they are not asking for a lowering of ...more »

Antitrust Law, Domestic
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Antitrust Laws May Be Eased for Retail Chains
The Moscow TimesSeptember 1, 2011

Novo Nordisk admitted to antitrust law violations and adopted a new policy in hiring distributors. It also paid a fine of 53.5 million rubles ($1.85 million), an amount less than what the Federal Anti-Monopoly Service had initially sought.more »

Franchising
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CASA GRANDE DISPATCH TURNS 100, 1974-76: 'Duke' owned cattle near CG; Bolles ...
TriValley CentralSeptember 1, 2011

WB “Tex” Whitington took over as the county's chief of law enforcement, as requested by DeArman. In one of the more unusual stories of the decade, former Pinal County attorney and proprietor of a Casa Grande law firm, Lloyd Brumage, was indicted on ...more »

Gaming Law
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Feds approve casinos for 2 Calif. tribes
San Jose Mercury NewsSeptember 3, 2011

There have been only a handful of such exceptions granted since 1988, according to Kathryn Rand, co-director of the Institute for the Study of Tribal Gaming Law and Policy at the University of North Dakota. Rand said Friday's decisions by the Obama ...more »

Banking Law
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WARREN v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
Leagle.comSeptember 1, 2011

The AVP testified that Claimant's license was terminated in April 2010 because Claimant did not provide the Pennsylvania Department of Banking (Banking) with the financial information that it requested. 3 (Id.) The AVP testified that for a loan officer ...more »

Government Construction Contracts
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A tale of two US government data center projects
ComputerworldSeptember 19, 2011

That's because the Air Force used a design-bid-build contract for the project, meaning it had separate contractors for design and construction, instead of a design-build contract, where one contractor is responsible for both. ...more »

Business Formation
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Practicing law a family business for Davises
Salisbury PostSeptember 1, 2011

Attorney James A. Davis II took the oath Tuesday morning which allows him to practice law in North Carolina. He will do so out of the same office as his father, James A. Davis, who stood next to his son during the swearing-in at the Rowan County ...more »

Institutional Investing
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Tortoise Capital Resources Corp. Withdraws its Election to be Treated as a ...
MarketWatch (press release)September 21, 2011

... the company's investments, its costs of leverage and other operating expenses and will be subject to the approval of the company's Board and compliance with asset coverage requirements of the Investment Company Act of 1940 and the leverage covenants.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 »

Ex-deputy CM seeks fresh tenancy acts
Times of IndiaSeptember 6, 2011

Das said a corrective measure was needed to replace the colonial CNT and SPT Acts. "Keeping the interests of the tribals intact, a new law should come up where loopholes in the existing acts will be addressed thoroughly," said Das. He said for long, ...more »

Commercial Bankruptcy
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To Dodgers, Bankruptcy Incurs Cost by the Hour
New York TimesSeptember 3, 2011

On July 6, Bruce Bennett analyzed a letter from a Los Angeles Dodgers fan about the team's stunning bankruptcy filing. For his time — one-tenth of a legal hour, or six minutes — Bennett earned $97.50, exactly what he billed for a ...more »

Internal Investigative Services
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Grizzly Bears And Internal Investigations
JD Supra (press release)September 14, 2011

As I previously reported in this post, one recent study by Assistant Professor Rebecca Files at the University of Texas at Dallas found that company-initiated internal investigations “significantly increase the likelihood of an SEC enforcement action. ...more »

Commercial Leasing
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On the move: Jonathan Coe, Elane Youngblood, SuccessEHS and more
The Birmingham News - al.com (blog)September 2, 2011

Carroll received the Chief Justice's Professionalism Award, and Hudgens received the Pro Bono Law Student Award. Carroll, Cumberland's dean since 2001, was cited for his "civility and professionalism" throughout his career as a lawyer and jurist. ...more »

International Transactions
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Your Taxes: How Israel combats corruption
Jerusalem PostSeptember 14, 2011

The following month it subscribed to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Israeli Penal Law was amended in 2008 by adding Section 291A, which provides that the law on giving a ...more »

Communications & Media
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Small Portland ad agencies work overtime to craft social media campaigns
OregonLive.comSeptember 3, 2011

Could be, says Jerry Ketel, the former creative director at Leopold Ketel who has morphed into a full-time media watcher. The most important thing is for a company to start with an overall communications strategy, Ketel said, one that will resonate ...more »

Stephen Mayson - ABS licensing is a 'shambles'
Law GazetteSeptember 7, 2011

Townsend told the Gazette separately that he hoped the SRA will be able to license ABSs 'by the turn of the year'. He added that the regulator has had 'in-depth' discussions' with 50 firms looking at becoming ABSs, some of which were not law firms. ...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 law enforcment purchased with their anti-terrorism dollars
News10.netSeptember 12, 2011

California received a large chunk of money for homeland security---more than $3 billion worth of grants in the past decade. In partnership with California Watch, News10 looked at where those dollars went and in some cases, how the funds were mismanaged ...more »

Contracts Involving State & Minicipality
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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 »

Mergers, Acquisitions & Divestitures
[read all news]
CastleOak Securities Continues Aggressive Growth With Strategic Hires in Fixed ...
MarketWatch (press release)September 22, 2011

The company offers expertise in primary and secondary market transactions, and is structured to effectively advise its clients on mergers, acquisitions, divestitures, valuations and general strategic assessments. CastleOak is in a strategic partnership ...more »

Corporate Finance & Taxation
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Editorial: It's time to talk taxes, Colorado
Denver PostSeptember 4, 2011

That means no tax revenues for higher education. None for courts. Not a dime for youth corrections. Zilch for the state crime lab. The list goes on. Lawmakers last year asked DU to launch the study of the state's tax system — the first in more than 50 ...more »

Non-Profit Corporations
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The Struggle Continues to Provide More Open Records in Iowa
Patch.comSeptember 3, 2011

Under state law, government agencies can charge for copying costs and the hourly rate of the employee compiling the information. The charges vary widely statewide and depend on the salary of the person processing the request. ...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 »

Professional Corporations
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Bayless Manning, former dean of the Stanford Law School, dies
The Idaho StatesmanSeptember 21, 2011

Manning graduated first in his class at Yale Law School in 1949 and was editor-in-chief of the Law Journal. He was a Yale faculty member from 1955 to 1964, directing a New York City Bar Association study on federal conflicts-of-interest laws. ...more »

Customs Disputes
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Ukraine issues Russia an ultimatum on gas deal
BusinessWeekSeptember 1, 2011

Russian President Dmitry Medvedev said Wednesday that Russia would consider revising the deal only in exchange for Ukraine joining a Russia-led customs union -- a move that would halt its integration with the European Union -- or Kiev ceding control of ...more »

Public Offerings
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School lawyer: reporting inaccurate, unfair
Huntersville HeraldSeptember 2, 2011

On July 26, 2011, Mr. DeLoache e-mailed Ms. Sisson requesting dismissal records for the managing director, citing an Attorney General's opinion pertaining to dismissal records in the context of a public records request. Ms. Sisson replied to Mr. ...more »

Debt Collection
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Popular restaurant Ralph & Rosie's in bankruptcy, closed
Palm Beach PostSeptember 2, 2011

The owners say they aren't subject to the law because the hut was built by a Seminole Indian. View of Ralph and Rosie's Restaurant on Jan. 12, 2011, in Boynton Beach. By Lona O'Connor BOYNTON BEACH — After three years and $660000 in city fines, ...more »

Reorganizations & Restructuring
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Bank of America considers laying off 10 percent of workforce
Catholic OnlineSeptember 9, 2011

... of its restructuring. LOS ANGELES, CA (Catholic Online) - Bank of America Executives met this week in Charlotte to make final decisions on the staff reductions. The bank has already cut at least 6000 jobs this year as part of its reorganization. ...more »

Debt Settlement
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Borders, Lehman, Madoff, Xanadoo, Evergreen, Otter: Bankruptcy
BusinessWeekSeptember 6, 2011

Lehman Brothers Holdings Inc. agreed that the official creditors' committee can take over prosecution and settlement of five lawsuits to void transfers of loan participations made just before and after bankruptcy by the bankrupt unit Lehman Commercial...more »

State & Minicipal Bonds
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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 »

Directors' & Officers' Liability
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Bombardier to HART: Reconsider Rail Bid
Hawaii ReporterSeptember 2, 2011

The provision involved the City adding language to create an overall cap on liability but then leaving in language that circumvented the cap rendering it meaningless. While the City pointed out other areas of our proposal that could be strengthened ...more »

Trade Associations
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New trade agreement threatens Australia's laws on medicines and tobacco
Crikey (blog)September 1, 2011

Investor state dispute settlement processes give a single company the right to sue governments for damages if a law or policy harms their investment. Under these provisions in the North American Free Trade Agreement companies have sued governments for ...more »

False Advertising
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Ajax Union Founders Zevi Friedman and Joe Apfelbaum Share Internet Marketing ...
MarketWatch (press release)September 1, 2011

The online marketing seminars also include an AdWords 101 section for business owners looking to familiarize themselves with Internet advertising services. Ajax Union's Google Seminar schedule can be found at http://www.MarketingTrainingNY.com . ...more »

Unfair Competition
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Builders in line of fire
Hindustan TimesSeptember 1, 2011

Recent rulings by Competition Commission of India (CCI) against realty developer DLF for unfair trade practices in two cases seems to have given a ray of hope to several property owners who are disgruntled due to non-delivery of services on time. ...more »

Federal Contracts
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Gray shouldn't have to testify in lottery case : 2011-09-04
Washington TimesSeptember 5, 2011

Mayor Vincent C. Gray should not have to testify this month about the DC Lottery contract because it is “unduly burdensome” and his legislative activities as council chairman are shielded by law, according to papers filed by DC ...more »

Venture Capital
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Venture capitalist tells Memphis execs what's needed to spur advances in ...
Memphis Commercial AppealSeptember 3, 2011

Finistere Ventures is a life-sciences venture capital firm out of San Diego. Jerry Caulder says igniting a movement to supplant legacy crops with new plants that can be used to make products that are now made with petroleum here will be tough. ...more »

Federal Grants
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Roundup: Federal aid coming
Greenville Daily ReflectorSeptember 3, 2011

Grants to replace personal property and help to meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs. Unemployment payments up to 26 weeks ...more »

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