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

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When entitlement to leave lapses under EU law – a neverending story?
International Law OfficeFebruary 1, 2012

Under German law, the statutory minimum entitlement to leave is four weeks per year. However, six weeks' paid annual leave is often agreed under collective bargaining agreements or in employment contracts. For example, if an employee is unable to work ...more »

Crimes Targeting Elderly Seen As Growing Trend
13WHAM-TVFebruary 1, 2012

Mason makes that claims while pointing to an aging population of “Baby Boomers” as well as a 2010 Cornell University study on Elder Abuse Prevalence in New York State. That study (attached) estimates that 260000 older New Yorkers “had been victims of ...more »

Business Law News and Stories

Advertising
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Huckster Propaganda: Voice of San Diego gets a taste of its own fact check
San Diego CityBEATFebruary 1, 2012

If in certain contexts it characterizes (and trumpets) advertising as a form of support, it should not turn around and deny that advertising is support. The claim is false. The question, however, is whether there are aggravating factors.more »

Foreign Investments
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Pension fund made whole after investment suspension
GovExec.comFebruary 1, 2012

The fund was made whole Monday, including the $16944892 that accrued during suspension, as required by law, according to Tom Trabucco, director of external affairs for the Federal Retirement Thrift Investment Board. Federal law (Sections 8348 and 8438 ...more »

Antitrust Law, Domestic
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Deutsche Boerse-NYSE, Gupta, JC Flowers, Muni Bonds: Compliance
BusinessWeekFebruary 1, 2012

A nationwide sweep to rein in identity theft and tax-refund fraud targeted 105 people in 23 states, leading to 939 criminal charges, including 58 arrests and 10 guilty pleas, according to the Internal Revenue Service. The sweep took place last week and ...more »

Franchising
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La. city blazes high-speed Web trail
USA TODAYFebruary 1, 2012

Mitchell says those efforts often draw opposition in the form of misinformation campaigns, lawsuits from private providers or unfavorable state laws resulting from telecom lobbying. Nineteen states either ban cities and counties from getting into the ...more »

Gaming Law
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Entertainment, Gaming, Casino And Celeb And Movie News Update
StreetCornerFebruary 2, 2012

“The Gillard Government understands that many Australians enjoy gambling responsibly but for others it can have devastating consequences. Problem gambling ruins lives and that's why in November of 2008 we asked the Productivity Commission to inquire ...more »

Banking Law
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How states are restricting political speech
Washington PostFebruary 2, 2012

The Supreme Court, in its splendid 2010 Citizens United decision, said that laws requiring licenses or other official permission to speak “function as the equivalent of prior restraint by giving the (government) power analogous to licensing laws...more »

Government Construction Contracts
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Euro-Region Manufacturing Output Contracts for Sixth Month
BloombergFebruary 1, 2012

Chinese manufacturing indexes rose as the world's second- biggest economy withstood weaker exports driven by Europe's debt crisis and a government-induced property slowdown. Economists forecast that a US gauge rose to the highest since June.more »

Business Formation
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U.S. Silica Holdings, Inc. Announces Pricing of Its Initial Public Offering
MarketWatch (press release)February 1, 2012

Morgan Stanley & Co. LLC, BofA Merrill Lynch and Jefferies & Company, Inc. are acting as joint book-running managers for the offering. Simmons & Company International, Dahlman Rose & Company, LLC, BB&T Capital Markets, a division of Scott ...more »

Institutional Investing
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Bain Capital's Atlanta forays
Atlanta Journal ConstitutionFebruary 5, 2012

... 1984-1991 and again from 1992-1999), a Bain-owned company tried unsuccessfully in 1996 to buy a prominent Atlanta engineering firm, Law Companies. Bain Capital also backed out of a 1996 deal to buy Dun & Bradstreet's Atlanta business software unit.more »

Commercial
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Carter Ledyard Names Gerald Griffin and Ethan Silver Parter and Matthew Dunn ...
Citybizlist (press release)February 1, 2012

He represents clients in complex litigation matters, including general commercial litigation, breach of contract and commercial tort litigation, employment disputes and restrictive covenant litigation, maritime litigation, bankruptcy litigation, ...more »

INFLUENCE GAME: Big donors and what they want
Fox NewsFebruary 3, 2012

Some are pressing for new laws or regulations that would benefit their interests in energy, mining and high finance. The Associated Press reviewed financial reports, regulatory filings, court records, public statements and more to identify favors that ...more »

Commercial Bankruptcy
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Four college bookstores in Ann Arbor, Ypsilanti could close
AnnArbor.comFebruary 1, 2012

Nebraska Book Co. believes it will be able to identify a sustainable business model that will win the approval of its creditors and a bankruptcy judge. The company's statements come after Ann Arbor-based bookstore chain Borders Group Inc. liquidated in ...more »

Internal Investigative Services
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Seward & Kissel Nabs Pair Of Prominent Ex-Prosecutors
Law360 (subscription)February 1, 2012

By Ian Thoms Law360, New York (February 01, 2012, 1:21 PM ET) -- Hedge fund law firm Seward & Kissel LLP has hired two former federal prosecutors to lead its new government enforcement and internal investigations group in New York, the firm said ...more »

Commercial Leasing
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Two Office REITs Post Higher Earnings
Wall Street JournalFebruary 1, 2012

"We had a good leasing year without financial services," said Steven Durels, who is in charge of leasing for SL Green. "And I think we're going to see more of that this year." New York City's office market during most of the downturn has outperformed ...more »

International Transactions
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Senate Bill on Iran Sanctions Targets Banks, Subsidiaries, Insurers
Insurance JournalFebruary 3, 2012

The bill would also force shippers, insurance companies and reinsurers of marine cargo to pay closer attention to the cargo being carried by ships, lest they face sanctions. Not included in the package was a Menendez proposal that would see ships that ...more »

Communications & Media
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Facebook May Be Used Against You In Court, Local Lawyers Say
Patch.comFebruary 1, 2012

The law journal talked to several lawyers about the phenomenon, including some in Norristown. "By and large, we haven't had a custody case where something Facebook-related doesn't come up," Jonathan Hoffman, an attorney specializing in family law at ...more »

Hundreds dodge TV licence
Hartlepool TodayFebruary 1, 2012

A total of 480 people were caught watching TV without a valid licence in Peterlee, in 2011, and almost 390000 across the UK as a whole. Bosses say the majority of people are keeping to the law as the estimated evasion rate remains steady at around five ...more »

Construction & Development
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New law to curb glass-walled buildings in city
EastDay.comFebruary 1, 2012

Under The Shanghai Glass Wall Management Act, future buildings constructed next to crossings cannot include glass walls. The legislation also prohibits them from hospital, school, kindergarten seniors' home and residential buildings of two or more ...more »

Locating Funds
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Amendments to Tighten, Trim, and Tone the STOCK Act
Motley FoolFebruary 5, 2012

By Molly McCluskey | More Articles On Thursday, the Senate voted to pass the STOCK Act with a vote of 96-3. The act, which President Obama had urged Congress to pass, bans insider trading on non-public information and requires online disclosure of any ...more »

Contracts Involving State & Minicipality
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Sutcliffe stands by tainted aqueduct tender process
Independent OnlineFebruary 1, 2012

The tender was stopped by a KwaZulu-Natal High Court judge, who said the actions of eThekwini officials in awarding the contract were “breathtakingly brazen” and amounted to “gross negligence, sheer incompetence or lack of capacity”.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 »

Corporate Finance & Taxation
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Turning the 'Buffett Rule' Into Law
New York TimesFebruary 1, 2012

It would operate like the alternative minimum tax, superseding all brackets and the lower rates for investment income, though it would preserve the incentive for charitable donations. Those taxpayers who earn most of their high incomes from salaries ...more »

Non-Profit Corporations
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New health care law starts to pay dividends
The Star DemocratFebruary 1, 2012

The legal bees may be busy at the US Supreme Court preparing for March's oral arguments over the legality of the Patient Protection and Affordable Care Act, but there's no question that health care reform so far has been good for the major players of ...more »

Creditor's Rights
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Kodak Bankruptcy: New Name for Oscar Theater and Millions in Debts to Studios
ReutersFebruary 1, 2012

By Brent Lang at TheWrap Kodak's bankruptcy is sending shock waves throughout the entertainment industry. The 131-year-old company's recent Chapter 11 filing has left most of the major studios out millions of dollars. It has also thrown the name of the ...more »

Professional Corporations
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The Citizens United catastrophe
Washington PostFebruary 6, 2012

... especially if they want to shroud their efforts to influence politics behind shell corporations. It just doesn't happen to work if you think we are a democracy and not a plutocracy. Two years ago, Citizens United tore down a century's worth of law...more »

Customs Disputes
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'Georgia's NATO membership to strengthen Armenia's Atlantic course'
News.AzFebruary 1, 2012

It will give nothing if we expect the membership in the new union to be a mechanism of the quick settlement of territorial disputes. But membership in the new union will reduce customs war. Both firms and states will be able to appeal to EEC which ...more »

Public Offerings
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Pasadena attorney rethinks public school funding
Pasadena SunFebruary 1, 2012

Molly Munger is an attorney and Pasadena native who for decades has engaged in civil rights campaigns centered on improvement of public schools. She is a sponsor of the Our Schools, Our Future initiative, which would raise taxes – mostly on people ...more »

Debt Collection
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Carver State Bank to Kick Off 85th Anniversary Celebration
Savannah TribuneFebruary 1, 2012

Grant is also President of the National Bankers Association Foundation and board secretary for the Minbanc Scholarship Fund for minority banks. One of seventeen children, Grant, a 1983 graduate of the Howard University School of Law, has authored two ...more »

Reorganizations & Restructuring
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With a merger, there are legal questions to answer
Cherry Hill Courier PostFebruary 17, 2012

The issue of the legal authority for this merger is further complicated, however, by the 1994 enactment of the state's Higher Education Restructuring Act, which says: For the purposes of any reorganization or transfer after the effective date of this ...more »

Debt Settlement
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PRECIOUS METALS: Gold At 11-Week High On Bernanke Debt Warning
Wall Street JournalFebruary 2, 2012

By Matt Day Of DOW JONES NEWSWIRES Gold for April delivery, the most actively traded contract, rose $9.80, or 0.6%, to settle at $1759.30 a troy ounce on the Comex division of the New York Mercantile Exchange, the highest settlement price since Nov.more »

State & Minicipal Bonds
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A steep price to pay
The Economist (blog)February 2, 2012

First, the potential benefits of the law. Mr Addy identifies four: savings from the costs of providing services to illegal immigrants, increased safety, more "business, employment and education opportunities for legal residents" and "ensuring the ...more »

Directors' & Officers' Liability
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Exeter sets residents straight on sidewalks
Foothills Sun GazetteFebruary 1, 2012

“The real issue for the City is liability,” Groom said. “If a trip and fall occurs somewhere because of a problem that we are not aware of then there is nothing we can do to fix the problem.” By the same token, City Attorney Steve Kabot said there is ...more »

Trade Associations
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ITC Attorney on BnN
Redmondmag.comFebruary 6, 2012

The OUII staff may change its position after the hearing. Additionally, the administrative law judge will hear the evidence and arguments at the hearing and will come to his own conclusion. "Microsoft is committed to protecting its intellectual ...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 »

Unfair Competition
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EU's Almunia wants to target aided energy firms, telcos
Reuters AfricaFebruary 2, 2012

BRUSSELS Feb 2 (Reuters) - EU competition regulators will simplify state aid rules allowing them to better target telecoms, energy and transport companies that enjoy unfair subsidies and tax advantages, the EU antitrust chief said on Thursday.more »

Federal Contracts
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SWM RESPONDS TO INTERNATIONAL TRADE COMMISSION'S INITIAL DECISION
ReutersFebruary 1, 2012

... 2012 by Administrative Law Judge Gildea in the International Trade Commission (ITC) action filed by SWM under Section 337 (b) of the Tariff Act of 1930. The ITC's initial decision found that SWM's Claims 36, 43, and 45 of United States Patent No.more »

Venture Capital
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Colorado venture capital bill passes legislative committee
Northern Colorado Business ReportFebruary 2, 2012

By NCBR staff February 2, 2012 DENVER - A bill that aims to increase the availability of venture capital for startups has gained traction in the Colorado Legislature. Known as the Colorado Entrepreneur Act, the bill passed the Senate Business, ...more »

Federal Grants
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Indian gaming grants available in Tulare County
Visalia Times-DeltaFebruary 1, 2012

A total of $268177 in grants are available to city and county agencies, as well as special districts affected by the Tule River Indian Tribe's Eagle Mountain Casino near Porterville. State law requires that large tribal gaming operations set aside ...more »

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