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

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Judge considers DNA testing of items linked to Dexter murders
Bangor Daily NewsSeptember 1, 2011

The justices ruled that Cole should have issued written findings of fact as to why the evidence Cookson asked to be tested in 2009 did not meet criteria outlined in state law. The hearing Wednesday focused on the issue of where the items were before ...more »

BART cellphone shutdown sparks FCC petition
FierceGovernmentITSeptember 1, 2011

In an emergency petition for a declaratory ruling (.pdf), groups including Public Knowledge, the Center for Democracy and Technology and the Electronic Frontier Foundation, say federal communication law gives the FCC authority to issue rules preventing ...more »

Business Law News and Stories

Advertising
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Jeb Bush Signs Right On Crime Statement of Principles
Sacramento BeeSeptember 2, 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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Argentina trade delegation woos China investments
AFPSeptember 6, 2011

BUENOS AIRES — Argentina's foreign minister Hector Timerman headed a large trade delegation that will travel Tuesday to China, a large and growing source of foreign investment and trade in the South America's second largest country. ...more »

Antitrust Law, Domestic
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Taking on a Veteran Antitrust Judge in the AT&T Fight
New York Times (blog)September 1, 2011

Judge Ellen Segal Huvelle, in her 12 years on the United States District Court for the District of Columbia, has overseen numerous antitrust cases brought by regulators, including one in which she ruled against the government. ...more »

Franchising
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Franchisor Hit Hard for Pretending Employees Are Franchisees
Blue MauMauSeptember 1, 2011

On one pertinent question addressing whether Coverall could deduct franchise fees from the employees' wages, the state's Supreme Court concluded, "No. . . the Wage Act forbids the deduction." The case has brought criticism from the franchisor community ...more »

Gaming Law
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Lawmakers are in the LV working to resdistrict Pennsylvania
WFMZ AllentownSeptember 7, 2011

Many speakers cited PA's gaming legislation to illustrate the problem. The law requires Monroe to share half its casino revenue with contiguous counties, even though those counties share nothing with Monroe. With someone in Harrisburg protecting Monroe ...more »

Banking Law
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Utah Federal Judge Refuses to Dismiss Preliminary Injunction Against Bank of ...
KCSGSeptember 1, 2011

Attorney General's Letter The Utah Attorney General accused Bank of America of illegal foreclosure activities using the foreclosure company ReconTrust, NA In the letter, Shurtleff said that ReconTrust is in violation of Utah law as set forth in Utah ...more »

Government Construction Contracts
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Shifting standards: new JCT contracts
Building.co.ukSeptember 8, 2011

Its reference to construction contracts and issues that are pertinent to such contracts is of direct relevance to JCT. For central government works it states its intention to move towards using only standard forms of contract with minimal amendment. ...more »

Business Formation
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Card con warning
BBC NewsSeptember 2, 2011

In both cases the criminals managed to dupe the card issuer's telephone banking system and procedures to spot suspicious transactions. Barclaycard insists it has an excellent track record in fighting fraud. It says the transactions have now been ...more »

Institutional Investing
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States Seek Review of Land Law to Boost Investment
THISDAY LiveSeptember 20, 2011

State governments across the country are seeking the review of the Land Use Act as part of measures to facilitating easy access to land, especially to encourage Foreign Direct Investment (FDI). This was one of the highpoints of a ...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 »

Harrisburg Faces Limbo of Missed Payroll, Default, Takeover
BusinessWeekSeptember 2, 2011

“I am not so sure the state had our best interests at heart,” Miller said. “I think we should have filed for bankruptcy. I think we would have gotten more bargaining power.” A law passed this year bars Harrisburg from seeking court protection until ...more »

Commercial Bankruptcy
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ECB: Debt crisis revealed weaknesses of eurozone
CNBC.comSeptember 5, 2011

In the heyday of the boom, several European countries allowed their budgets to run larger deficits than the rules allowed. As a result, countries like Greece and Portugal eventually teetered on bankruptcy. Now their debts are threatening the entire ...more »

Internal Investigative Services
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Hauser: Not Enough
Harvard CrimsonSeptember 1, 2011

In addition to standardizing the faculty discipline process, the University should also commit to making its internal investigations more transparent, if findings are negative. We applaud the Vice Provost for Research's decision to form a Committee on ...more »

Commercial Leasing
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Seattle office building aims to set new 'green' standard
Kansas City StarSeptember 1, 2011

A law firm or an insurance company might balk, for instance, at Bullitt's plan for each lease to include limits on how much energy and water each tenant can use. But time is on the Bullitt Center's side, Hayes said: The building's market appeal will ...more »

International Transactions
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Banks, AT&T, BP-Halliburton, DuPont, Roger Clemens in Court News
BloombergSeptember 6, 2011

Picard, who appealed the ruling, said bankruptcy law gives him the powers necessary to bring his suit. “The bankruptcy code allows the trustee to stand in the shoes of a judgment creditor and assert common-law claims against JPMC,” he said in a court ...more »

Communications & Media
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Ex-News Corp. Executives Will Seek to Shift Blame in Testimony
San Francisco ChronicleSeptember 4, 2011

Chief Executive Officer Rupert Murdoch, shouldn't have given so much information during their evidence session, according to Niri Shan, the head of media law at Taylor Wessing LLP in London, who isn't involved in the matter. "The problem with saying ...more »

How Dead Is Yucca Mountain?
New York Times (blog)September 12, 2011

When President Obama pulled the plug on Yucca, the Energy Department withdrew its license application for building Yucca, which at the time was being considered by a panel of three administrative law judges of the regulatory commission's Atomic Safety ...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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The Most Overlooked (and Important) Proposal in Obama's Jobs Plan
TIMESeptember 12, 2011

Well, under the American Jobs Act, they will. According to Obama's plan, all 50 states would be able to establish Self-Employment Assistance (SEA) programs, enabling aspiring entrepreneurs to utilize unemployment insurance money to fund their ...more »

Contracts Involving State & Minicipality
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Parking tender controversy at Mbabane City Council
Times of SwazilandSeptember 3, 2011

He accused the Mbabane municipality of playing double standards and for an implied breach of contract. He also said the conduct by the city council was tantamount to financial abuse in that his company had already started preparing for the project ...more »

Mergers, Acquisitions & Divestitures
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ConvaTec forays into Latin America with Boston Medical Device acquisition...
Mass DeviceSeptember 2, 2011

... the latest acquisition or the bid for KCI, but "people familiar with the matter" reportedly aren't confident that KCI will spurn its existing offer in favor of ConvaTec. Here's a roundup of companies announcing mergers, acquisitions and divestitures.more »

Corporate Finance & Taxation
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Amazon Tries Jobs Bribe Over Tax Law
TheStreet.comSeptember 1, 2011

Amazon wants a reprieve from the new law, which requires online retailers to collect taxes from California customers, until sometime in 2014. Amazon has refused to collect the tax on orders made by California customers and has pushed for a ballot-box ...more »

Mortgages & Foreclosures
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Roy Oppenheim Makes The Best Lawyers in America® 2012 List
Sacramento BeeSeptember 28, 2011

By Oppenheim Law WESTON, Fla., Sept. 28, 2011 -- /PRNewswire/ -- Legal peers voted and Florida foreclosure defense attorney Roy Oppenheim made the list. Oppenheim Law announces that Roy Oppenheim was selected by peers for inclusion in The Best Lawyers ...more »

Creditor's Rights
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Borders sues Next Jump over use of customer data
Plain DealerSeptember 1, 2011

It is conducting going-out-of-business sales at its nearly 400 remaining stores, attempting to sell its real estate leases and preparing to auction its brand and intellectual property. The company filed for bankruptcy in February, unable to withstand ...more »

Non-Profit Corporations
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Officials resign from nonprofit boards and fundraisers because of ethics rules
Sun-SentinelSeptember 9, 2011

Palm Beach County's new ethics rules are prompting city officials to withdraw from nonprofit boards and charity fundraisers. Boca Raton Deputy Mayor Susan Haynie resigned last week from the board of directors at Boca ...more »

Customs Disputes
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Safety and security in the supply chain
Malta Business WeeklySeptember 1, 2011

AEO certification is one of the elements of the security amendment of the Community Customs Code Regulation (EC) 648/2005. Article 5a of the security amendments empowers member states to grant AEO status to any economic operator meeting a set of common ...more »

Professional Corporations
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Taylor Wessing sets up Brazil unit to target BRIC work
The LawyerSeptember 5, 2011

Corporate lawyer Daniel Coelho Moreira, who joined from Pinheiro Neto Advogados, will run the group alongside competition and disputes partner Jan Curschmann. The firm had already appointed 'territory partners' to explore options in the Bric ...more »

Debt Collection
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Goldman, two firms agree to end robo-signing: report
ReutersSeptember 1, 2011

(Reuters) - Goldman Sachs and two other firms have agreed with the New York banking regulator to end the practice known as robo-signing, in which bank employees signed foreclosure documents without reviewing case files as required by law, ...more »

Public Offerings
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AG joins effort to allication public safety use bandwidth
Connectcut PlusSeptember 3, 2011

By Attorney General George Jepsen's office HARTFORD, CT - Attorney General George Jepsen and 41 other state attorneys general are calling on Congress to allocate a specific broadband spectrum to public safety and designate the wireless bandwidth, ...more »

Debt Settlement
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Be wary of companies offering to settle debt
The ProvinceSeptember 6, 2011

We have been getting increasing numbers of complaints from consumers who entered into an agreement with debt settlement companies only to find that most of the money they paid to them went to pay fees. Worse yet, these people were now months behind on ...more »

Reorganizations & Restructuring
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Southwest Georgia Ethanol Files Restructuring Plan Giving Lenders Equity
BloombergSeptember 1, 2011

Southwest Georgia Ethanol is projected to have an enterprise value of at least $103 million after reorganizing, giving lenders an estimated recovery of 97.5 cents on the dollar, according to court documents. Bondholders who are owed about $8.7 million ...more »

Directors' & Officers' Liability
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Interest in purchase
Palladium-ItemSeptember 3, 2011

Palladium-Item file photo by Joshua Smith • The Wayne County Board of Commissioners meets at 9:30 am Wednesday in Council Chambers at the County Administration Building, 400 E. Main St. Steve Higinbotham, county director of facilities and development, ...more »

State & Minicipal Bonds
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Business Briefcase
Helena Independent RecordSeptember 11, 2011

He graduated from the University of Montana Schools of Law and Business, receiving a law degree and a master's in business administration. Fox joined Doubek & Pyfer in 2007 after working for another Helena law firm. Doubek, Pyfer & Fox's motto is, ...more »

False Advertising
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Are Waiters Sneaking Mandatory Tips onto Checks?
ReutersSeptember 2, 2011

... customer service--it's about the law. In addition to keeping employees honest and customers happy, a well-stated and consistent application of a mandatory tip policy can help fend off claims of discrimination, false advertising, breach of contract, ...more »

Trade Associations
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U.S. Pursuing Antitrust Pact With India, Justice Department Official Says
BloombergSeptember 7, 2011

“We're very cognizant of the importance of these emerging economies,” Pozen told a conference at Fordham Law School. Trade between the countries more than doubled to $37 billion from 2003 to 2009, according to US Commerce Department data. ...more »

Federal Contracts
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FDA found problems at Red Cross' new blood centers in Philly and N.C. ...
Philadelphia InquirerSeptember 1, 2011

Maintaining a database of the 12 percent of donors who are temporarily or permanently "deferred." (A donor who has traveled to a country where malaria is endemic would be temporarily deferred, while a donor whose blood tests positive for HIV would be ...more »

Unfair Competition
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CWA Backs AT&T/T-Mobile Merger
Daily MarketsSeptember 6, 2011

Sprint was the first to oppose the deal citing higher prices, job losses, less innovation and unfair competition. The CWA has hinted that this is a case of sour grapes for Sprint, after its failure to successfully bid for T-Mobile. ...more »

Federal Grants
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State Agencies Receive Federal Grant Money
The Kittanning PaperSeptember 2, 2011

Approximately $800000 in federal grant funding received last week will help the Pennsylvania Public Utility Commission help inspect and enforce safety activity througout the state. Here, Enforcement Officer Supervisor Andrew Turriziani inspects a ...more »

Venture Capital
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Exclusive: Backupify Closes $5 Million in Round Led by Avalon Ventures
All Things DigitalSeptember 8, 2011

Backupify, a cloud-based service that backs up the content of several social networks — including Facebook, Twitter and LinkedIn — and also the contents of Google Apps accounts, has landed a $5 million B round of venture capital funding led by Avalon ...more »

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