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

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The net closes on cyber-snoopers
The IndependentFebruary 1, 2012

Many internet users find these digital devices, which are used by websites to create personal profiles based on use of the Internet, intrusive. The data is used for Online Behavioural Advertising, allowing companies to direct their display adverts at ...more »

The US Treasury is Aiming to Lower the Foreign Account Tax Compliance Act ...
San Francisco Chronicle (press release)February 1, 2012

Ideal Tax Solution is amongst these companies broadening their horizons to assists all Americans tax problems. The US Treasury discussed a few months ago, possibly working with the FATCA (Foreign Account Tax Compliance Act) to lower the standards on it ...more »

Business Law News and Stories

Advertising
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Official rules and regulations for Oh, Say Can You Sing? contest
OCRegisterFebruary 1, 2012

LIMITATION OF LIABILITY; NO WARRANTIES AND RELEASE. By entering into this Contest, you accept and agree that (a) Contest Entities and their respective affiliates, officers, directors, employees and agents do not have and will not have any liability...more »

Foreign Investments
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International holding structure and the income tax law: Ramifications of ...
Business Recorder (blog)February 1, 2012

It is a capital gain within the jurisdiction where the property is located, that is India, and hence the transaction is liable to be taxed in India. M/s Vodafone pleaded that being foreign entity having no presence in India, not even a branch office, ...more »

Antitrust Law, Domestic
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VTB bank succeeds in contesting fine for competition law breach
RAPSIFebruary 2, 2012

A commercial court has upheld the VTB bank's appeal against a fine imposed for breaching competition law, the Supreme Commercial Court reports on its website. The court has yet to explain the reasoning behind the decision. VTB challenged the antitrust ...more »

Franchising
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MIDDLE EAST: Alshaya in Cos franchise deal
just-style.comFebruary 1, 2012

Their commitment to customer service and local market understanding made them the ideal choice for our first franchise agreement," said Cos brand director Marie Honda. Alshaya recently announced plans to acquire some 60 UK La Senza stores from the ...more »

Gaming Law
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Recommended Cash Offer for Cryptologic Limited by Amaya Gaming Group Inc.
MarketWatch (press release)February 2, 2012

Subject to the Offer being declared wholly unconditional and to applicable law and regulation, Amaya intends to procure that CryptoLogic applies to the appropriate regulators to cancel the listing of, the trading of and to delist (as applicable) the ...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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Area jobless rate dipped in December as hiring increased
Washington PostFebruary 1, 2012

Facing the threat of federal cutbacks, contracting firms are particularly interested in hiring people who can secure contracts from outside the government, Beebe said, and thus have beem filling positions such as director of business development and ...more »

Business Formation
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Ex-worker was concerned about origins of millions Texas financier Stanford ...
Washington PostFebruary 1, 2012

Arnold Knoche, who worked 16 years in Stanford's real estate development company, testified Tuesday at the financier's fraud trial that his former boss spared no expense on such projects as a private airport hangar, cricket grounds, an athletic club, ...more »

Institutional Investing
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Lawyer: Hedge Funds Must Heed Foreign Corrupt Practices Act
FINalternativesFebruary 6, 2012

What is the Foreign Corrupt Practices act and why should you be concerned about it? Matthew Reinhard of the Washington, DC-based law firm Miller & Chevalier, says FCPA penalties have increased “exponentially” over the past decade and could pose a ...more »

Commercial
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Lawmakers refute immigration law cost
News CourierFebruary 1, 2012

The cost-benefit analysis, written by Dr. Samuel Addy of the University of Alabama's Culverhouse College of Commerce and Business Administration, found the law could mean Gross Domestic Product losses of $2.3 billion to $10.8 billion, income and sales ...more »

Obama campaign urges donors to back 'super PAC'
FOX43.comFebruary 7, 2012

Messina said the campaign would be careful to operate within the bounds of the law. He conveyed the news Monday to the super PAC through the campaign's lawyer, who informed the election law attorney working for Priorities, who in turn told Burton.more »

Commercial Bankruptcy
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Letters: Michigan should change insurance rules to cover children with autism
Detroit Free PressFebruary 2, 2012

Michigan can't afford to waste billions of dollars, force families to choose between bankruptcy or leaving the state. Those who oppose insurance-rule changes have not come up with one viable option in the six years of Michigan's debate.more »

Internal Investigative Services
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Former federal prosecutor turns to private investigations
MiamiHerald.comFebruary 6, 2012

As head of our Miami office, I'm responsible for handling everything from internal investigations, asset tracing, and due diligence to litigation support and anti-corruption related matters. My cases typically have a connection to South Florida or ...more »

Commercial Leasing
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ACLJ & 70000 Americans: Decision to Keep Montana War Memorial in Place ...
Sacramento BeeFebruary 1, 2012

31, 2012 -- /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), representing more than 70000 concerned individuals, said today's decision by the federal government to renew a lease that keeps in place a World War II memorial on a ...more »

International Transactions
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US lawmakers urge SWIFT to drop Iranian banks
ReutersFebruary 2, 2012

Cutting Iranian banks out of SWIFT would have a "very disruptive impact" on the banks' ability to do business, said Jeanne Archibald, partner with Hogan Lovells law firm in Washington, who advises international clients on sanctions compliance.more »

Communications & Media
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List of IPs attempting to block president's Web site passed to law enforcers ...
InterfaxFebruary 2, 2012

A list of all the IP addresses from which attempts to attack the Web site of the Ukrainian president were made has been passed to law enforcers, the press service of the State Service for Special Communications and Information Protection told ...more »

Explained: Apple's not-so-secret favorite patent argument
CNETFebruary 3, 2012

said Mark Kesslen, a partner at Lowenstein Sandler, who heads up the law firm's intellectual-property practice. Though all of this cooperation between different companies might smack of a monopoly, the frand principle is deeply rooted in preventing the ...more »

Construction & Development
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University of Denver Law Students Sue To Block Christo's 'Over The River ...
Huffington PostFebruary 1, 2012

Law students in the Environmental Law Clinic at the University of Denver Sturm College of Law plan to file a lawsuit on Wednesday in attempt to block fabric-artist Christo's latest "Over the River" project which proposes to hang 5.9 miles of aluminum ...more »

Locating Funds
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A Glaring Omission in the Senate's Insider Trading Bill: Fair Disclosure
Huffington PostFebruary 6, 2012

The legal difference is that, unlike government officials, when corporate executives give inside information to others who trade on it, they violate a fiduciary duty to serve the best interests of their companies' shareholders.more »

Contracts Involving State & Minicipality
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Doctor coalition challenges the AMA and the White House on Obamacare
Washington TimesFebruary 1, 2012

... Medical Association (AMA) gave its support for the law. The AMA sought to curry favor with the government to preserve their lucrative royalty monopoly on the medical billing codes that must be used to file all medical claims in the United States.more »

Mergers, Acquisitions & Divestitures
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NYSE and Deutsche Borse Plan to Call Off Merger
New York TimesFebruary 1, 2012

The company is likely to look to smaller acquisitions and cost-cutting as a way to grow, and said on Wednesday that it plans to resume a $550 million share buyback program. It also marks the latest collapse of a merger of exchanges over the past 12 ...more »

Corporate Finance & Taxation
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Caldeira: Franchises Offer a Valuable Avenue to Job Creation
Roll Call (subscription)February 1, 2012

For every $1 million lent to franchise businesses, 34 new jobs are created. Regarding regulations, the House has already passed bills addressing the overreach of the National Labor Relations Board and the health care law. A recent Hudson Institute ...more »

Mortgages & Foreclosures
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2 Senate bills would regulate foreclosures
The Register-GuardFebruary 7, 2012

By Saul Hubbard SALEM — Efforts to place tighter state regulations on lenders during the foreclosure process endured a day of mixed success Monday in the Capitol. After an early morning committee hearing on two foreclosure-related bills, Sen.more »

Creditor's Rights
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Labor talks resume in Greece as debt deals near
Washington PostFebruary 2, 2012

ATHENS, Greece — Unions and employers are to resume talks in Greece as the country scrambles to push through more cost-cutting reforms and conclude massive debt deals with private and rescue creditors. The talks are due to start at 2:00 pm (1200GMT) ...more »

Non-Profit Corporations
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Egypt to try 19 Americans in case straining ties
Albany Times UnionFebruary 5, 2012

29, 2011 file photo, Egyptian police raid a non-governmental organization office in Cairo, Egypt. Egyptian investigating judges on Sunday referred 43 NGO workers, including 19 Americans, to trial before a criminal court for allegedly being involved in ...more »

Customs Disputes
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Fake tobacco factory gang jailed
Derbyshire TimesFebruary 1, 2012

During the raid in September 2009, at the plant in Tapton Business Park, HM Revenue and Customs investigators seized packaging for 43 million cigarettes, cigarette paper, tipping paper, foil cellophane, glue and cardboard inners for packets of 20 ...more »

Professional Corporations
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Former Intern Sues Hearst Over Unpaid Work and Hopes to Create a Class Action
New York Times (blog)February 1, 2012

By STEVEN GREENHOUSE A former unpaid intern for the fashion magazine Harper's Bazaar filed a lawsuit on Wednesday, accusing its parent company, the Hearst Corporation, of violating federal and state wage and hour laws by not paying her even though she ...more »

Debt Collection
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Bankrupt Hollywood Video still trying to collect fees
Houston Chronicle (blog)February 1, 2012

Alderman advised, “I would include a letter mentioning that I am aware of my rights under the Fair Debt Collection Practices Act. I don't believe I owe this debt. I expect you to give me more information about when the debt was incurred, where this was ...more »

Public Offerings
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The man who shaped Obama's drive to hold banks accountable
Washington PostFebruary 1, 2012

Indeed, with no agency of government able to bring legal action, there would be no serious investigation of whether and how the banks broke the law. When Schneiderman learned of the proposed settlement, he said no. He was not willing to let the banks...more »

Debt Settlement
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Duffuor Fights Betty
Modern GhanaFebruary 1, 2012

'By a letter dated 31 st March, 2010, the Honourable Attorney-General informed this ministry that a settlement had been reached with Mr Woyome and requested the ministry to pay two percent of the amount claimed (€1106470587.00).more »

Reorganizations & Restructuring
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MSP To Reorganize Major Case Unit
WLNSFebruary 1, 2012

"The major case is being restructured and not disbanded," said Gene Adamczyk, Assistant District Commander, MSP. This restructuring means detectives who are currently in the major case unit will move to the first district, which includes Ingham, ...more »

Directors' & Officers' Liability
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Navigant Reports Unaudited Fourth Quarter and Full Year 2011 Financial Results ...
MarketWatch (press release)February 2, 2012

... clients' financial condition and their ability to make payments to the Company; risks inherent with litigation; higher risk client assignments; professional liability; potential legislative and regulatory changes; continued access to capital; ...more »

State & Minicipal Bonds
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Indiana poised to approve anti-union law
ReutersFebruary 1, 2012

By Susan Guyett | INDIANAPOLIS (Reuters) - The Indiana state Senate was expected on Wednesday to give final approval to a new law allowing workers at unionized businesses to avoid paying union dues, the last major legislative hurdle to making Indiana ...more »

False Advertising
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TripAdvisor reviews that can't be trusted: Website fails to vet comments, says ...
Daily MailFebruary 1, 2012

By Sean Poulter TripAdvisor can no longer claim to offer 'trusted and honest' reviews, the advertising watchdog has ruled. It said that because the world's biggest travel website does not vet its 50million users' comments, it cannot guarantee they are ...more »

Trade Associations
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Trade union laws must be overhauled
Nation on SundayFebruary 3, 2012

Although the law recognises the right to strike, it is not a weapon that should be used lightly particular in the public sector since these enterprises are invariably providing an essential service to the public. We inherited the Trade Union laws from ...more »

Federal Contracts
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San Francisco Consumer Protection Lawyer: High Court Favors Big Business- Again!
WiredPRNews.com (press release)February 1, 2012

The Supreme Court found it was not the intention of Congress to prohibit arbitration of disputes for companies that claimed to help improve people's credit scores. Their bizarre interpretation of the law that requires that credit repair companies must ...more »

Unfair Competition
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EU Probes Samsung, Germany Blocks its Tablets
ClaimsJournal.comFebruary 1, 2012

In Germany, an appeals court ruled in favor of Apple in a separate case, saying Samsung could not sell its Galaxy Tab 10.1 nor the Galaxy Tab 8.9 in the country because they too closely resembled the iPad2, in violation of unfair competition laws.more »

Federal Grants
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The Cancerous Politics and Ideology of the Susan G. Komen Foundation
RH Reality Check (blog)February 1, 2012

Komen's board recently approved a new policy stating that affliates can only provide grant funds to other organizations if: • The applicant is not currently debarred from the receipt of federal or state funding. • No key personnel of applicant or any ...more »

Venture Capital
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Venture Capitalists' Confidence Declines for Third Consecutive Quarter
Business Wire (press release)February 1, 2012

SAN FRANCISCO--(BUSINESS WIRE)--The Silicon Valley Venture Capitalist Confidence Index® for the fourth quarter of 2011, based on a December 2011 survey of 30 San Francisco Bay Area venture capitalists, registered 3.27 on a 5 point scale (with 5 ...more »

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