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

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Steven Pearlstein: Eat your broccoli, Justice Scalia
Washington PostApril 1, 2012

Yet despite the fact that “Obamacare” did all of those things and more, there was not a single brief in support of the law from an organization representing big business. Small businesses have spent the past two decades complaining that the reason they ...more »

Anthony Dejuan Boatwright Laid to Rest
WJBF-TVApril 1, 2012

Now, the state of Georgia and many others have “Juan's Law”, which recommends day cares have liability insurance. Local and state leaders were at the funeral service Saturday to honor his legacy "That was flesh of my flesh, bone of my bone, ...more »

Business Law News and Stories

Advertising
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Ex-Treasurer of Massachusetts Accused of Misusing Lottery Ads
New York TimesApril 3, 2012

BOSTON — A former treasurer of Massachusetts, Timothy P. Cahill, was indicted Monday, accused of misusing advertising for the State Lottery to benefit his campaign for governor in 2010. Martha Coakley, the state attorney general, said Mr. Cahill, 53, ...more »

Federal Grants
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BOTES v. WEINTRAUB
Leagle.comApril 2, 2012

A. Stephan Botes, proceeding pro se, appeals the district court's grant of summary judgment in favor of Howard Weintraub in Botes's diversity lawsuit alleging fraud, legal malpractice, and breach of contract. For the reasons set forth below, we affirm.more »

Antitrust Law, Domestic
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Federal Trade Commission Upholds Challenge to ProMedica's Acquisition of St ...
JD Supra (press release)April 2, 2012

by King & Spalding on 4/2/2012 On March 28, 2012, the FTC upheld the Administrative Law Judge (ALJ)'s December 5, 2011 administrative decision that required ProMedica to divest itself of St. Luke's Hospital by a vote of 4-0.more »

Foreign Investments
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Suu Kyi's Party Declares Victory as Myanmar Shifts to Democracy
BloombergApril 1, 2012

Currency Float Myanmar's political opening is moving in parallel with efforts to rewrite investment laws and unify multiple exchange rates that impede trade. The country moved to a managed float of its currency yesterday, scrapping a 35-year fixed rate ...more »

Franchising
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Smashburger Mysterious Trademark Settlement
Blue MauMauApril 2, 2012

She asserted that the two Smashburger trademarks so resembled each other that it would cause “confusion, mistake and deception” under trademark law. She insisted that Dairy Cheer could be damaged by the Colorado franchise company using the same name.more »

Banking Law
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Will new watchdog bite or just bark?
Crain's New York BusinessApril 1, 2012

Will the Consumer Financial Protection Bureau act primarily through deliberative rule-making or via knuckle-cracking enforcement? Looks like the answer is “remains to be seen.” What follows is an edited version of Mr. Kaplan's conversation last month ...more »

Gaming Law
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Attack of the Indian-Gaming Fighter, and How the Blowback Against Tribal ...
Indian Country Today Media Network.comApril 4, 2012

But they all result from the passage of the Indian Gaming Regulatory Act (IGRA) of 1988. Before IGRA, states and local groups were the main challengers: Throughout the 1980s, many states tried unsuccessfully to outlaw early Indian bingo halls and, ...more »

Business Formation
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Two sentenced to prison for food stamp fraud | US District Court
Maple Valley ReporterApril 1, 2012

Magnolia Gin, 52, of Seattle, and Son Hoang Le, 35, of Bellevue, who owned two adjacent businesses in the White Center were sentenced this week to prison terms for food stamp fraud. Gin and Le were arrested in July 2011 as part of an ongoing ...more »

Government Construction Contracts
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Cabinet knew F-35's $25B costs before election: AG
Ottawa CitizenApril 5, 2012

By Lee Berthiaume, Postmedia News April 5, 2012 Auditor General Michael Ferguson says his office will step into an investigation 'if necessary' of allegations of shoddy construction work and contracting at Defence Construction Canada, the Crown agency ...more »

Business Law
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Group fights labor abuses at car washes
New York Daily NewsApril 1, 2012

Owner of chain has been subpoenaed by state Attorney General Schneiderman for labor law violations. It is a never ending New York story: Rich business owners shamelessly stealing wages and tips from workers who can barely scrape out a living.more »

Institutional Investing
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Foreign business groups warn India that retroactive tax plan will hurt investment
Washington PostApril 2, 2012

“The sudden and unprecedented move in the bill has undermined confidence in the policies of the government of India toward foreign investment and taxation and has called into question the very rule of law, due process, and fair treatment in India,” the ...more »

Commercial
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Assessors prep for appeal season
The Gazette: Eastern Iowa Breaking News and Headlines (blog)April 1, 2012

Those appeals are dropped after Labus' staff researches each case, and the city may pay for an appraisal of the contested property, a process that costs thousands of dollars. “I like to run my office as a business, and that's the business' money we're ...more »

Law Office of Brodsky & Smith, LLC Announces Investigation of ISTA ...
Sacramento BeeApril 3, 2012

The investigation concerns possible breaches of fiduciary duty and other violations of state law by the Board of Directors of ISTA for not acting in the Company's shareholders' best interests in connection with the sale process to Bausch & Lomb.more »

Commercial Bankruptcy
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Pinnacle Airlines Seeks Chapter 11 Bankruptcy Protection
BloombergApril 2, 2012

(PNCL), a US carrier operating under the names of Continental Express, Delta Connection and United Express, sought bankruptcy protection after costs rose and revenue declined. The airline, based in Memphis, Tennessee, listed assets of $1.5 billion and ...more »

Internal Investigative Services
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Documents detail employment history of terminated Fort Worth officer
WFAAApril 3, 2012

by MARCUS MOORE FORT WORTH — News 8 obtained documents detailing how a Fort Worth police captain who was fired last month had been the focus of multiple internal investigations, suspended twice and even demoted. The Fort Worth Police Department ...more »

Commercial Leasing
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Biz buzz for April 2, 2012
Duluth News TribuneApril 2, 2012

He previously was employed in the hospitality services department at St. Luke's hospital in Duluth. Thibodeau Johnson and Feriancek law firm hired attorney Leah L. Proepper. Proepper graduated cum laude from the Seattle University School of Law.more »

International Transactions
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Resolute Reduces Minimum Tender Condition and Extends its Offer for Fibrek to ...
MarketWatch (press release)April 2, 2012

"Special warrants" refers to the Fibrek securities issuable to Mercer International Inc. (NASDAQ:MERC) (TSU:CA:MRI.U) , as disclosed by Fibrek and Mercer on February 10. The Company also announced that on Friday, March 30, the Ontario Securities ...more »

Communications & Media
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Executive Moves: April 2, 2012
Crain's New York BusinessApril 1, 2012

Jack Trachtenberg, 34, joined the law firm as counsel in the state and local tax practice. He was previously New York Department of Taxation and Finance deputy commissioner and taxpayer rights advocate. April Pottorff, 45, was promoted to principal at ...more »

Why Not Just Stop Licensing Cosmetologists?
Keystone PoliticsApril 9, 2012

Plus, we have laws against fraud which give us recourse against fakers and people who misrepresent their qualifications. Licensing laws like this usually come about because incumbents want to create barriers to entry into their market.more »

Construction & Development
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Ramtech Program for Modular Buildings Expands to Faith-Based Organizations
Houston ChronicleApril 1, 2012

FBC Frisco expects to use the buildings for a minimum period of four-years while other permanent expansion plans slated for the future are developed. Design-build commercial modular construction firm Ramtech Building Systems of Mansfield, ...more »

Locating Funds
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Legislators Give Government Nod for Constituency Money
AllAfrica.comApril 2, 2012

By Issa Yussuf, 1 April 2012 Zanzibar — Zanzibar House on Friday unanimously approved the newly Zanzibar Constituency Development Fund (ZCDF). The House also unanimously approved another bill to 'nullify the planning commission law No 5 of 1989, ...more »

Contracts Involving State & Minicipality
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Marriage matter of law
Kansas City Star (blog)April 2, 2012

The act of marriage is a legally binding contract. Somehow organized religion, as faith officials are wont to do, got involved in the process. Now they think it's all about them. It is not. When you want to break that contract, you don't need a priest.more »

Mergers, Acquisitions & Divestitures
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SMSC Reports Fourth Quarter and Full Fiscal Year 2012 Financial Results
MarketWatch (press release)April 10, 2012

Our forward looking statements are qualified in their entirety by the inherent risks and uncertainties surrounding future expectations and may not reflect the potential impact of any future acquisitions, mergers or divestitures.more »

Controlled Substances Law
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Britain's lax steroids laws leave WADA to enforce drug use by athletes at the ...
Yahoo! SportsApril 7, 2012

Sports – 10 hours ago Attempts to detect and punish steroid cheats at the Olympic Games in London this summer could be hindered by the United Kingdom's lax drug laws. With the event now less than four months away the British government has confirmed it ...more »

Mortgages & Foreclosures
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NOTICE OF FORECLOSURE SALE 11 . . .
New Bern Sun JournalApril 2, 2012

NOTICE OF FORECLOSURE SALE 11 SP 224 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Gloria F. Courtemanche to First American Title Insurance Company, Trustee(s), dated the 27th day of June, 2007, and recorded in ...more »

Corporate Finance & Taxation
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Claiming Fido on Your Taxes
ForbesApril 2, 2012

The bill, HR 3501, was introduced as the “Humanity and Pets Partnered Through the Years” (HAPPY Act) and would allow deductions of up to $3500 a year for pet expenses. It was introduced by Michigan Rep. Thaddeus McCotter and co-sponsored by Rep.more »

Non-Profit Corporations
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BioNitrogen (BION) Announces Letter of Intent to Build Second Fertilizer Plant ...
MarketWatch (press release)April 2, 2012

Levelland's economic development efforts are led by the Levelland Economic Development Corporation, a public non-profit economic development corporation created under Section 4a of the Texas Development Corporation Act. Under the leadership of the ...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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PTC Therapeutics Announces Executive Promotions
MarketWatch (press release)April 2, 2012

Prior to joining PTC, Mr. Boulding was the General Counsel and Executive Vice President, Government and Regulatory Affairs of MedicaLogic/Medscape, Inc., a publicly-traded company. Before Medscape, Mr. Boulding was a law firm partner in private ...more »

Customs Disputes
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Nation Sets Up System to Speed Up Goods' Clearance
AllAfrica.comApril 2, 2012

Mr. Richard Kamajugo, the URA Assistant Commissioner Customs, said AEO will seek to build mutual partnership with businesses that consistently strive to comply with customs laws and regulations. "We are aware that any delays cost money so we would like ...more »

Public Offerings
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'Law and order auction' draws Attorney-General's fire
The AustralianApril 2, 2012

NSW Attorney-General Greg Smith has stepped up his attack on "the law and order auction" by blaming widespread sentencing errors in the state's courts on the complexity of criminal laws Labor governments had introduced to placate some commentators.more »

Debt Collection
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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 »

Reorganizations & Restructuring
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Pinnacle Airlines files for bankruptcy protection
BusinessWeekApril 3, 2012

After a review, the company's board decided that reorganization under Chapter 11 was its best option. The company says it will focus on restructuring its operating agreements with Delta, winding down its operations with United Airlines, cutting labor ...more »

Debt Settlement
[read all news]
Israeli executives reaped millions regardless of companies' results
HaaretzApril 1, 2012

And then there's Kaman Holdings, which handed out NIS 12 million to its executives even though it issued a going concern warning and is planning a debt settlement. The company, controlled by Yitzhak Tshuva's son-in-law Roni Elroy, issued a going ...more »

State & Minicipal Bonds
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Clifford Chance, Cadwalader, Maples, Skadden: Business of Law
BusinessWeekApril 3, 2012

If the company refuses to waive confidentiality in the course of the probe, it can be difficult for the SEC to prove that someone willfully violated the law, he said. Lench, whose unit is responsible for uncovering fraud in structured products such as ...more »

Directors' & Officers' Liability
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Biz buzz for April 2, 2012
Duluth News TribuneApril 2, 2012

He previously was employed in the hospitality services department at St. Luke's hospital in Duluth. Thibodeau Johnson and Feriancek law firm hired attorney Leah L. Proepper. Proepper graduated cum laude from the Seattle University School of Law.more »

Trade Associations
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Lord Wedderburn of Charlton
Telegraph.co.ukApril 1, 2012

Lord Wedderburn of Charlton, who has died aged 84, was a prominent academic lawyer and friend of the trade unions; he came into his own as the author of Labour's legislation of 1974-75 that replaced Edward Heath's Industrial Relations Act. As Cassell ...more »

False Advertising
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Bitcoin, the City traders' anarchic new toy
ReutersApril 1, 2012

She said EU law required only euros to be accepted as legal tender, but this was superseded by German law that allows those involved in a contract to determine its content. So Bitcoin is at least not illegal there. The situation in the United States is ...more »

Unfair Competition
[read all news]
Wachovia Loses In Stifel Adviser-Raiding Case
NASDAQApril 3, 2012

Wachovia claimed unfair competition, tortious interference and misappropriation of confidential information when Stifel took half of the Tulsa office's business along with the advisers, according to documents from the Financial Industry Regulatory ...more »

Federal Contracts
[read all news]
Federal agency questions Pensus' performance
Napa Valley RegisterApril 1, 2012

The federal government is questioning the performance of the concessionaire hired to run most of Lake Berryessa's resorts. “There are a number of issues related to contract performance that they must respond to,” US Bureau of Reclamation spokesman Pete ...more »

Venture Capital
[read all news]
BioRN Annual Conference 2012: Mobilizing Seed and Venture Capital for Health ...
b3c newswire (press release)April 2, 2012

With the topic "Mobilizing Seed and Venture Capital for Health Innovation" the conference in the Biotech Cluster Rhein-Neckar (BioRN) wishes to highlight global trends in the funding of young biotech enterprises. With the presentation of successful ...more »

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