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

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Judge says Occupy DC demonstrators must get notice before any eviction; feds ...
Washington PostFebruary 1, 2012

Mayor Vincent Gray and DC health officials have expressed concern about a rat infestation at McPherson Square and other sanitation problems, with the mayor suggesting that the demonstrators relocate to Freedom Plaza, another federal space that's been ...more »

Rockefeller Supports Blind Trust for Members of Congress
HNN Huntingtonnews.netFebruary 1, 2012

The Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) says US Representatives and Senators may not use information they gain in their role as Members of Congress. “Elected officials have a duty to our constituents to be above board in ...more »

Business Law News and Stories

Advertising
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Kosmos Energy Securities Fraud Class Action Lawsuit Announced by Gilman Law...
Business Wire (press release)February 1, 2012

BOSTON--(BUSINESS WIRE)--Gilman Law LLP, a national securities law firm, announces class action securities fraud suit against Kosmos Energy, Ltd. (“Kosmos Energy”) (NYSE: KOS) and certain of its officers and directors for allegedly violating Federal ...more »

Foreign Investments
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INTERVIEW:Treasury Official Says S Africa Seeking New Foreign Investment
Wall Street Journal (India)February 1, 2012

By Patrick McGroarty PRETORIA (Dow Jones)--South Africa is eager for foreign investments that bolster its image as a gateway to business on the continent and might streamline regulations and raise cross-border investment limits if demand warrants it, ...more »

Antitrust Law, Domestic
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Denso reels from conspiracy case
Battle Creek EnquirerFebruary 1, 2012

Tokyo-based Yazaki, which has its North American operation in Canton, has agreed to pay a $470 million criminal fine -- the second largest criminal fine obtained for a Sherman Act antitrust violation, Justice Department officials said Monday.more »

Franchising
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Contractor Website Tactic a Big Time and Expense Saver, Plano Texas
PR Web (press release)February 1, 2012

Patricia and her team of Web Developers, Internet Marketing Experts and Performance Analytics Consultants have been helping small and medium businesses (SME's) leverage the Internet since 2003. WSI is the world's #1 franchise offering Internet ...more »

Gaming Law
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McKinney: Laws prohibit online gambling
Ct PostFebruary 2, 2012

McKinney, R-Fairfield, said Wednesday that state and federal laws currently prohibit it and he will push for tougher, felony-level penalties in the upcoming legislative session. During an afternoon news conference, McKinney said Gov.more »

Banking Law
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Old mortgages rise from the dead, haunt homeowners
Chicago TribuneFebruary 1, 2012

In July 2009, Roy and Sheila Bowers refinanced the mortgage on their suburban ranch home in Topeka, Kan. The couple wanted to take advantage of the low interest rates that were all the rage at the time. Roy, a truck driver, and Sheila, a former hotel ...more »

Government Construction Contracts
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B.C. government unveils new energy strategy to boost jobs, revenue
The ProvinceFebruary 3, 2012

At the unveiling of the government's four-pronged natural gas strategy on Friday, Clark said the plants, if fully realized, will create up to 9000 new construction jobs and 800 long-term jobs, and will pull in over a billion dollars of annual revenue.more »

Business Formation
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Car salesmen face bank fraud charges
La Grande ObserverFebruary 1, 2012

Conspiracy to commit bank fraud carries a maximum sentence of 30 years in prison and a $1 million fine. In September 2008, D&R announced it was laying off 24 workers in Enterprise and filing for bankruptcy following a $9 million lawsuit by KeyBank.more »

Institutional Investing
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BUSINESS INTELLIGENCE FOR EXECUTIVES
JD Supra (press release)February 2, 2012

Issued the very same day that the SEC charged an investment adviser with offering to sell more than $500 billion of fictitious securities via LinkedIn (see SEC Accuses Adviser of Using LinkedIn to Perpetrate Investment Scam by The Law Offices of Debra ...more »

Business Law
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Business Law: Creditors still free to challenge gifts, trusts
Otago Daily TimesFebruary 5, 2012

Under the Property Law Act and the Insolvency Act creditors are able to challenge gifts in certain circumstances. Section 60 of the Property Law Act 1952 (which has now been replaced by section 346 of the Property Law Act 2007) provides that a transfer ...more »

Another China WTO Loss. Another Nail In The Coffin Of World Trade.
China Law Blog (blog)February 6, 2012

Control of domestically produced raw materials, energy and food are vital to China's national interest. China will not allow a trade law like the WTO to impact its pursuit of policies such as export quotas that are vital to its national interests.more »

Commercial
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Proposal from Kan. business groups goes against immigration guru's national ...
Washington PostFebruary 1, 2012

An architect of state and local laws cracking down on illegal immigration is a leading Republican officeholder in Kansas, but business groups in his home state are asking legislators to move in the opposite direction by starting an unusual program ...more »

Internal Investigative Services
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Grayling Williams Selected to Lead New Initiatives by BCPD Commissioner
Afro AmericanFebruary 2, 2012

Grayling Williams (left), recently announced by Commissioner Bealefeld (right) as newly appointed Chief of Internal Investigation Division for the Baltimore City Police Department discusses his plans for countering officer misconduct and in house ...more »

Commercial Bankruptcy
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IN RE GOSS
Leagle.comFebruary 1, 2012

1 Because the chapter 13 trustee could find no record of any court appointing Jones as the debtor's guardian, he moved the court for the appointment of a guardian ad litem pursuant to Rule 1004.1 of the Federal Rules of Bankruptcy Procedure.more »

International Transactions
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Philippine Gov't Pushes for Stricter Anti-Money Laundering Law
LoanSafeFebruary 2, 2012

The BSP chief said that implementation of the proposed amendments would help the Philippines catch more money launderers and make the country fully compliant with international standards against the crime. Money laundering is the act of making funds ...more »

Commercial Leasing
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Cooper, White & Cooper LLP Elects New Managing Partner for Walnut Creek Office
PR Web (press release)February 1, 2012

Peters is currently the Chair of the firm's Green Practice Group which focuses on green, energy, environmental, pipeline, real estate and land use law and which is primarily based out of the Walnut Creek office. She spearheaded the office's expansion ...more »

With Approval, Malaysia Refinery Expects to Open This Year
New York TimesFebruary 1, 2012

HONG KONG – Malaysian regulators granted an initial operating license late Wednesday for a giant rare earth metals refinery that has been at the center of a dispute over radioactive waste management. The refinery is expected to open in this year's ...more »

Communications & Media
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Whistleblowers Sue FDA, Claim Emails Monitored
MedPage TodayFebruary 1, 2012

The FDA staffers are accusing the FDA of violating their Fourth Amendment rights, which protect against illegal searches and seizures, and their Fifth Amendment rights, which protect against abuse of government authority. Collecting emails to use ...more »

Locating Funds
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BC-LT--Travel-Brief-Mexico-Money Flight, LT
CanadianBusiness.comFebruary 2, 2012

President Felipe Calderon's National Action Party called that explanation "an insult to the intelligence of Mexicans," whose tax laws, crime problem, strict campaign finance laws and economic problems make carrying such large amounts of cash very ...more »

Construction & Development
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When hindsight is 20/20 in calculating construction claims
Business Valuation LawFebruary 1, 2012

The key question: when can an expert “unclasp” the rule of law to consider hindsight in determining construction damages? Complicating the issue in a recent case was the nature of damages; ie, the losses arose from contracts collateral to the broken ...more »

Mergers, Acquisitions & Divestitures
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Oliver Bell, Inc. to Sponsor Winter Meeting of the Texas Labor and Employee ...
PR Web (press release)February 1, 2012

... or are currently engaged in some form of transition, such as: reorganization (including reductions-in-force), outsourcing or in-sourcing, mergers, acquisitions or divestitures, rebranding, changing performance expectations or union organizing.more »

Contracts Involving State & Minicipality
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Law Offices of Howard G. Smith Announces Class Action Lawsuit Against K12, Inc.
MarketWatch (press release)February 1, 2012

BENSALEM, Pa., Jan 31, 2012 (BUSINESS WIRE) -- Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of purchasers of the common stock of K12 Inc. ("K12" or the "Company") /quotes/zigman/477398/quotes/nls/lrn LRN ...more »

Mortgages & Foreclosures
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New York sues Reston firm over foreclosure documents
Washington PostFebruary 4, 2012

After the housing bust, financial firms increasingly used the system to hasten the foreclosure process, often allowing MERS to act as a proxy in court. The legality of MERS, which tracks roughly 70 million loans, has faced repeated challenges across ...more »

Corporate Finance & Taxation
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A Golden Headache
Financial-Planning.comFebruary 1, 2012

Investors who benefit from rising gold prices may find unexpected pitfalls in the tax code. By Donald Jay Korn Given the billions of dollars poured into gold investments over the past decade, most financial planners have clients with exposure to the ...more »

Non-Profit Corporations
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Boston Film Forum: Putting Human Trafficking in the Spotlight
NEWS JUNKIE POSTFebruary 2, 2012

As a crime against basic human rights, human trafficking must be abolished, and BITAHR can be viewed as one of the major instigator of the abolitionist movement. BITAHR is a non-profit organization which ambitious goal is to eliminate commercial sexual ...more »

Creditor's Rights
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N.J. to receive compensation from General Motors for Superfund sites
The Star-Ledger - NJ.comFebruary 1, 2012

General Motors' bankruptcy unit has agreed to pay nearly $24 million to resolve environmental liabilities at Superfund sites in New Jersey, Maryland and Missouri, according to the US Department of Justice. From that settlement, $19.5 million is ...more »

Professional Corporations
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Prosecution, defense tackle CJ's P11M advance
ABS CBN NewsFebruary 1, 2012

Defense lawyer Serafin Cuevas asked, “How far did your examination go in connection with [your subpoena?] Did you take pains to dig deeper into the affairs of the company?” Cataran answered: “No, because it's license was already revoked in 2003.more »

Customs Disputes
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Spirit Airlines Announces Service Between Atlantic City and Atlanta
MarketWatch (press release)February 1, 2012

APHIS User Fee of up to $5.00 per traveling customer upon arrival to the US -- Immigration User Fee of up to $7.00 per traveling customer upon arrival to the US -- Customs User Fee of up to $5.50 per traveling customer upon arrival to the US ...more »

Public Offerings
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Pa. town ponders councilman's arrest in old murder
Seattle Post IntelligencerFebruary 4, 2012

KEVIN BEGOS, AP FILE - This undated file photo made available by the Butler County, Pa, District Attorney, on Monday, Jan. 30, 2012, shows Gregory Scott Hopkins. Based on a DNA test, Pennsylvania State Police have charged the Bridgewater, Pa., ...more »

Debt Collection
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How to Collect on Time-Barred Debt
InsideARMFebruary 1, 2012

The proposed settlement also raised new questions about the dangers associated with collecting time-barred debt. Time-barred accounts (those that are past the statute of limitations) are ticking bombs that, if mishandled, will damage or destroy a ...more »

Reorganizations & Restructuring
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I Was There -- Why Romney Is Still Wrong on Michigan's Auto Industry
Huffington PostFebruary 14, 2012

Many of the creditors who complained that their rights were being violated had purchased Chrysler's debt at this low cost -- they weren't focused on Chrysler's long-term survival, the thousands of manufacturing jobs hanging in the balance, ...more »

Debt Settlement
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Judge Rules MF Global Commodities Customers Don't Get Special Priority
Wall Street Journal (blog)February 1, 2012

“Under the Bankruptcy Code, the court does not have the power to grant the relief requested, and Sapere has failed to allege any facts to support its motion,” Glenn wrote. And even if it did, Glenn wrote, the court would decline to do so.more »

State & Minicipal Bonds
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Indiana poised to enter right-to-work era as unions prep protest amid Super ...
Washington PostFebruary 1, 2012

INDIANAPOLIS — State lawmakers were poised Wednesday to pass legislation that would make Indiana the Rust Belt's first right-to-work state and prohibit labor contracts requiring workers to pay union representation fees. Meanwhile, union protesters ...more »

Directors' & Officers' Liability
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Directors Association now counts 200-plus
Caymanian CompassFebruary 1, 2012

Mr. Harris said CIDA is at the forefront of promoting the good corporate governance and training for directors in the Cayman Islands and added that CIDA had also held luncheons during the year to educate its members on items such as director liability...more »

Trade Associations
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Reports: 1.6M auto parts jobs at risk because of Chinese trade practices
The Detroit NewsFebruary 1, 2012

Two of the reports come from the liberal-leaning Economic Policy Institute, and the third from Stewart and Stewart, a law firm that has won cases challenging China's trade practices. "These three reports show beyond a shadow of a doubt that China's ...more »

False Advertising
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IRS raid targets Arthur Middleton Capital Holdings
Massillon IndependentFebruary 1, 2012

Members of the Internal Revenue Service's criminal investigation unit began executing a search warrant around 6 am Wednesday morning. Arthur Middleton's facilities — one at 8000 Freedom Ave. NW in Jackson Township and the plaza at Everhard Road NW and ...more »

Unfair Competition
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Samsung Takes a Hit in Apple Battle
CIO TodayFebruary 1, 2012

By Gabriele Steinhauser and David Rising The EU's antitrust watchdog has launched a formal investigation of whether Samsung is using law suits over key patents on 3G wireless technology to hinder competitors -- including Apple.more »

Federal Contracts
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Man gets out of Gold's Gym contract using state law
TheNewsTribune.comFebruary 2, 2012

So he tried to cancel his Gold's Gym contract. But Badeaux said he was told by a gym employee that the only way to cancel his contract was to find someone else willing to take it over. But Badeaux soon discovered a state law gave him the right to ...more »

Venture Capital
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Access Media 3 raises $30M in venture capital funding
Chicago TribuneFebruary 8, 2012

Access Media 3, a provider of TV, Internet and voice services for residential buildings, said Tuesday it has raised $30 million in venture capital funding. The Oak Brook-based company said it plans to use the money to continue growing and make ...more »

Federal Grants
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Rajat Gupta, JC Flowers, Muni Bonds, Full Tilt Poker: Compliance
BloombergFebruary 1, 2012

The government also said yesterday that the insider-trading conspiracy continued beyond when Gutpa's lawyer has said his client's friendship with Rajaratnam deteriorated. Gupta still faces the same charges, five counts of securities fraud and one count ...more »

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