Business Law News. Crime Stories, Law on News and Legal Publications in April, 2012

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It's Your Business
Topeka Capital JournalApril 1, 2012

Theresa Marcel Schwartz has been appointed to the Kansas State Board of Mortuary Arts as a consumer member, replacing Diane M. Minear. Schwartz, whose term expires July 31, 2014, is employed as the associate general counsel for the Kansas Board of ...more »

Gunshot confirmed as cause of death in homicide
Ottawa CitizenApril 1, 2012

By Meghan Hurley, The Ottawa Citizen March 31, 2012 8:03 PM An autopsy confirmed Saturday that Ottawa's third homicide victim of the year died from a gunshot wound. Peyman Hatami, 31, was found lying on the ground outside a Chinese restaurant on Dynes ...more »

Business Law News and Stories

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Lessons From Dad: Tips for Running the Family Ad Agency (blog)April 1, 2012

Our company is the oldest independent ad agency in Philadelphia. It was founded by my father, Berny, in 1964. Dad is an artist who painted his way into a college scholarship with masterly oil canvases. But he had three children and had to put food on ...more »

Federal Grants
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N.J. stands ground on deadly force
Asbury Park PressApril 1, 2012

For one thing, New Jersey only in rare circumstances grants permits to private citizens to carry concealed weapons, they say. Secondly, New Jersey does not have a so-called “Stand Your Ground'' law, as Florida does, and it requires a person to retreat ...more »

Antitrust Law, Domestic
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Clifford Chance, Cadwalader, Maples, Skadden: Business of Law
BloombergApril 3, 2012

Ying White, previously the head of Akin, Gump, Strauss, Hauer LLP's (1117L) investment funds practice, joined Clifford Chance LLP's Beijing office as a partner in the corporate practice, the firm announced. White also served as counsel, finance in the ...more »

Foreign Investments
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TCI to take Coal India, directors to court
Business StandardApril 1, 2012

The Children's Investment Fund (TCI) today said it had instructed its Indian lawyers, Luthra & Luthra, to begin the process of bringing legal action against Coal India Limited (CIL) and its directors. “TCI has received advice that the conduct of CIL ...more »

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LaMar's Donuts owners embroiled in lawsuit
Lincoln Journal StarApril 1, 2012

... Jack's C&D, alleging Irwin misappropriated company money and continued to operate a store in Omaha without a franchise agreement or paying more than $305000 in fees, among other things. In the lawsuit filed in February, his attorney, Robert Futhey, ...more »

Banking Law
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BMO Harris Bank faces lawsuit over Ponzi scheme
Rockford Register StarApril 2, 2012

BMO Harris, which bought M&I Bank, will argue a lawsuit brought by investors in Florida should be dismissed. The bank says it was merely a conduit for the money in Tom Petters' fraud scheme and that it has no liability for the investors' losses.more »

Gaming Law
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New York State removes sex offenders from Xbox Live
JoystiqApril 5, 2012

Together we are making the online community safer for our children, not allowing it to become a 21st century crime scene." Under New York State law, convicted sex offenders must register all of their e-mail addresses, screen names, and other Internet...more »

Business Formation
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Business Law: Provision to protect goodwill of bought business
Otago Daily TimesApril 1, 2012

Most business sale agreements will include a provision prohibiting the seller from opening up a competing business nearby during a fixed period - this is known as a "restraint of trade provision". The rationale for this is that the buyer will often pay ...more »

Government Construction Contracts
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Gombe signs N2.3bn road contracts
VanguardApril 5, 2012

Gombe— Governor Ibrahim Dankwambo of Gombe State, yesterday, signed N2.3 billion contract for the construction of roads in five local government areas. Speaking during the signing ceremony, Dankwambo said all the projects would be completed by the end ...more »

Business Law
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Obama's insurance requirement not the only mandate
U.S. News & World ReportApril 1, 2012

Lindsey Donner, a small-business owner from San Diego, pays the Medicare tax although she and her husband are uninsured. Donner, 27, says she doesn't see much difference between the mandate that workers help finance Medicare and the health care law's...more »

Institutional Investing
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TCI considering legal options against CIL
LivemintApril 2, 2012

The Children's Investment Fund Management (UK) Llp (TCI) is considering its options for pursuing legal action against Coal India Ltd (CIL), including a petition before the Company Law Board's regional bench at Kolkata, for taking decisions that hurt ...more »

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Signs of Supreme Court activism worry Reagan administration lawyers
Los Angeles TimesApril 1, 2012

If so, it would be the first time since 1936 that the Supreme Court voided a major federal regulatory law. After the healthcare arguments, Fried was among those who worried aloud about the prospect of the Roberts court embarking on a new era of ...more »

The President Fumbles the Court Issue
New York Times (blog)April 3, 2012

By ANDREW ROSENTHAL Jonathan Ernst/ReutersMembers of the general public line up to watch the Supreme Court evaluate the constitutionality of the Affordable Care Act. I'm sure President Obama knows how important the Supreme Court's decision on health ...more »

Commercial Bankruptcy
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Tribune Broadcasting: No deal reached with DirecTV
Wall Street JournalApril 1, 2012

Tribune Broadcasting said in a statement that without a deal in place, DirecTV was barred by federal law from carrying the signal of Tribune's local television stations after midnight, when their agreement expired. The affected markets include New York ...more »

Internal Investigative Services
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PSNI officers suspended in racist and sectarian text messages inquiry
BBC NewsApril 6, 2012

Four police officers have been suspended in Northern Ireland following an investigation into racist and sectarian text messages. The officers were suspended from duty on Thursday as part of an internal investigation. The Police Service of Northern ...more »

Commercial Leasing
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Lawyer offers advice about opening individual businesses in mainland
China PostApril 1, 2012

Chiang Chih-chun, a lawyer who also advises Taiwan's Straits Exchange Foundation on commercial law issues, said a newly introduced measure allows Taiwanese to set up a business in China more easily since the operation does not have to be in the form of ...more »

International Transactions
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Dispute resolution amendments need to be reviewed
Business StandardApril 1, 2012

Therefore, it is proposed to amend the Income-tax Act to provide for an alternate dispute resolution mechanism which will facilitate expeditious resolution of disputes on a fast track basis.”The main advantage of DRP is that the Assessment Order passed ...more »

Communications & Media
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Montgomery County media office failing to meet state law
Washington ExaminerApril 1, 2012

With reduced newsroom staffs, reporters are relying more on public information personnel to do significant legwork, she said. But Jack Murphy, executive director of the Maryland-Delaware-DC Press Association, said he doesn't buy it.more »

Indiana arrests two midwives
Bluefield Daily TelegraphApril 4, 2012

LaGRANGE, Ind. — Two northern Indiana women who have worked as midwives for several years were arrested recently on felony charges of practicing midwifery without a license. State law requires a licensed midwife to also be a licensed nurse, ...more »

Construction & Development
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Industrial park work at airport continues
Times DailyApril 1, 2012

The final and most expensive phase is estimated at $2.2 million and involves the construction of a 2000-foot access road to the initial apron development and the installation of water, sewer and electrical lines. A “utility corridor” for the future ...more »

Locating Funds
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Workshops still get most federal funds for disabled
Columbus DispatchApril 3, 2012

Some say the low pay is immoral; others view the federal law as a godsend. Five CiCi's Pizza locations in central Ohio will participate in a "thank-you" day promotion on Tuesday, March 27. On that day, the restaurants will offer a "guest appreciation" ...more »

Contracts Involving State & Minicipality
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Many oppose health care act, and many don't know its benefits
Baltimore SunApril 1, 2012

But in the court of public opinion, a large percentage of people polled recently want the law scrapped. A CBS/New York Times survey found nearly half of those polled disapprove of the law, while 40 percent want the entire act overturned.more »

Mergers, Acquisitions & Divestitures
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Evercore Wealth Management Appoints Paulo Coelho, Vice President and Wealth ...
ReutersApril 2, 2012

Evercore's Investment Banking business advises its clients on mergers, acquisitions, divestitures, restructurings, financings, public offerings, private placements and other strategic transactions and also provides institutional investors with high ...more »

Controlled Substances Law
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Prohibition's Legacy: Medical Marijuana Patients Remain in Federal Limbo
OpEdNewsApril 5, 2012

By Gershon Siegel (about the author) The Controlled Substances Act, passed by Congress during the Nixon-era, tossed cannabis, aka marijuana, into the same category as heroin. Assigned a "Schedule 1" rating, this group of opiates, psychedelics, ...more »

Mortgages & Foreclosures
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Delegate's measure may help him get back real estate license
Washington PostApril 6, 2012

... was ordered to pay $75000 for what an administrative law judge called “fraudulent and unethical” behavior in real estate transactions. In one instance, the state found McConkey promised to help a woman keep her home, then didn't return her calls, ...more »

Corporate Finance & Taxation
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The broader tax threat
Oil & Gas JournalApril 2, 2012

Raising taxes on suppliers of oil and gas would raise the costs of energy. The logic is simple and certainly easier than the vagaries of tax law to communicate. "Taxes and new fees would decrease domestic energy production and have previously proven to ...more »

Non-Profit Corporations
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Business briefs & newsmakers
The News-PressApril 3, 2012

The class will have two guest speakers: Jim Kerr, a local estate attorney, will talk about the current issues in the federal estate tax law and also touch on estate planning, particularly within the state of Florida. Also speaking will be Joe Pankus, ...more »

Creditor's Rights
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E-Street Question: Your thoughts on the decision by MLA John van Dongen to ...
The ProvinceApril 1, 2012

I hope others decide to stop hoping for favorable private post-government positions and also do the right thing. Not surprised. Too many unanswered questions by Liberals. Too much skirting around the issues. Christy was not that good as an MLA and is ...more »

Professional Corporations
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TCI to take Coal India, directors to court
Business StandardApril 1, 2012

The Children's Investment Fund (TCI) today said it had instructed its Indian lawyers, Luthra & Luthra, to begin the process of bringing legal action against Coal India Limited (CIL) and its directors. “TCI has received advice that the conduct of CIL ...more »

Customs Disputes
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David House survives motion to dismiss on First and Fourth Amendment Claims
Hawaii News DailyApril 1, 2012

House, co-founder of the Bradley Manning Support Network, had his cell phone; laptop; flash drive; and video camera seized, without consent, by Customs Border Protection (CBP) agents upon return from a Mexican vacation. CBP retained, and searched, ...more »

Public Offerings
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Attorney for fired E. Millinocket public works director says he will sue town
Bangor Daily NewsApril 3, 2012

By Nick Sambides Jr., BDN Staff The Board of Selectmen emerged from an executive session and voted 5-0 against a motion to rehire Violette and place him on administrative leave pending the outcome of Violette's grievance. With that, attorney Richard ...more »

Debt Collection
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Stockton Gorged on Debt for City Amenities Before Crash
BloombergApril 3, 2012

Municipal Bankruptcy The city, about 80 miles (130 kilometers) east of San Francisco, said it would default on $2 million in bond payments and begin negotiations with creditors, the first hurdle under an untested state law restricting municipal ...more »

Reorganizations & Restructuring
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Deloitte to Acquire CRG Partners
Compliance WeekApril 4, 2012

As a major expansion of its financial restructuring, turnaround management and bankruptcy reorganization capabilities, Deloitte announced it has reached an agreement to purchase substantially all of the assets of New York-based CRG Partners, ...more »

Debt Settlement
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Woyome opposes introduction of evidence of fraud
The Statesman OnlineApril 4, 2012

Businessman, Alfred Agbesi Woyome, has appealed against the Commercial Court's decision to allow the state to introduce evidence of fraud in the payment of GH¢51.2 million as judgement debt to him. According to his lawyers, the trial judge erred in law ...more »

State & Minicipal Bonds
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Many oppose health care act, and many don't know its benefits
Baltimore SunApril 1, 2012

But in the court of public opinion, a large percentage of people polled recently want the law scrapped. A CBS/New York Times survey found nearly half of those polled disapprove of the law, while 40 percent want the entire act overturned.more »

Directors' & Officers' Liability
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Talking turkey and Duck trams
The Register-GuardApril 1, 2012

By Bob Welch Answer: In 1947, when then-University of Oregon Athletic Director Leo Harris struck a handshake deal with Walt Disney for the rights to use Donald Duck as the university's mascot, a new road was being built off Willamette Street in south ...more »

Trade Associations
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One Derivatives Trade That's Now Off: Betting on the 2012 Election
New York TimesApril 2, 2012

The Nadex plan was seen as a crucial test case for other exchanges that have discussed offering political contracts but have been skittish about treading on murky legal ground. Some states explicitly outlaw gambling on elections. Even in Las Vegas, ...more »

False Advertising
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US law expected to help firms go public, raise capital
TheChronicleHerald.caApril 1, 2012

On March 27, Congress passed the JOBS (or, rather ludicrously, Jumpstart Our Business Startups) Act, which aims to revive growth by easing the regulatory burden on companies seeking to raise capital. The act is designed to address the decline in ...more »

Unfair Competition
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Column: Even with reclassification, too many left out in GHSA
Newnan Times-HeraldApril 22, 2012

Like so many cases in the Georgia High School Association, it's a case of status quo over common sense. Then again, as a member of the Northgate High's athletic staff, being the odd man out — or woman in the case of this year's Lady Vikings soccer ...more »

Federal Contracts
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Detroit financial crisis: City comes down to the wire on consent deal with state
Detroit Free PressApril 2, 2012

By Paul Egan and Dawson Bell Time is rapidly running out for Detroit to reach an agreement with the state that will avert the appointment of an emergency manager, a spokeswoman for Gov. Rick Snyder said Sunday. The Detroit City Council is to meet today ...more »

Venture Capital
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Accion's Venture Labs to provide seed capital, support to start-ups
Microfinance FocusApril 4, 2012

Microfinance Focus, April 4, 2012: Accion, a global microfinance organization, announced the launch of Venture Lab, an initiative dedicated to providing seed capital and management support to financial inclusion start-ups worldwide.more »


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