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

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Parliament's moral duty on assisted dying
The GuardianJanuary 1, 2012

... been a lull in the media recently about the rights and wrongs of assisted dying, but the conflict is sure to break out again with the imminent publication of the report from Lord Falconer's commission, established to consider changes to the law. ...more »

How employment practices liability insurance can protect you in a lawsuit
Smart Business NetworkJanuary 1, 2012

In most cases, yes, but the caveat is that any known prior incidents and pending litigation are specifically excluded. Prior acts could be something that happened years ago, but you weren't aware of the problem and no supervisor had been notified. ...more »

Business Law News and Stories

Advertising
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High court to hear environmental case from Idaho
CanadianBusiness.comJanuary 2, 2012

The EPA issues nearly 3000 administrative compliance orders a year that call on alleged violators of environmental laws to stop what they're doing and repair the harm they've caused. Major business groups, homebuilders, road builders and agricultural ...more »

Foreign Investments
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US is top 2012 property investment pick
ABS CBN NewsJanuary 1, 2012

Respondents said they would invest more in US commercial property if the fundamentals of rent and occupancy growth were stronger. Another US barrier respondents cited was the Foreign Investment in Real Property Tax Act (FIRPTA). ...more »

Antitrust Law, Domestic
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New State Laws Take Effect Jan. 1
Patch.comJanuary 2, 2012

Credit CC/Flickr: Mira Hartford If you work for a company that has 50 or more employees and you currently don't get paid sick time, starting Jan. 1 chances are very good that you'll start getting it. A new state law that takes effect New Year's Day in ...more »

Franchising
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Homegrown business is about to expand
Buffalo NewsJanuary 1, 2012

She said two of her sisters-in-law and their husbands owned Dunkin' Donuts franchises. Huber ended up owning a franchise in the Town of Tonawanda. As a franchisee, Huber liked taking advantage of Dunkin' Donuts' buying power and its ample advertising ...more »

Gaming Law
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AM Roundup: Roberts Report, Online Gambling, More
Wall Street Journal (blog)January 3, 2012

AP No rest for these folks: Lawyers working on the Howrey bankruptcy appear to have kept busy through the holidays, filing multiple motions in late December aimed at moving along the Chapter 11 bankruptcy. The AmLaw Daily Powerful portfolios: A review ...more »

Banking Law
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What to Expect in New York in 2012
New York TimesJanuary 1, 2012

1, 2011, could have foreseen the Dominique Strauss-Kahn sexual assault case, or Tropical Storm née Hurricane Irene, or the relatively stress-free passage of a same-sex marriage law, or Representative Anthony D. Weiner's political death by tweet, ...more »

Government Construction Contracts
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TeamHealth Government Division Proceeding with Clinics Contract for the US Army
Sacramento BeeJanuary 5, 2012

The Company cautions that such "forward looking statements," including without limitation, those relating to the Company's future business prospects, revenue, working capital, professional liability expense, liquidity, capital needs, interest costs and ...more »

Business Formation
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Even a giant can learn to run
Business StandardJanuary 1, 2012

The company shed multibillion-dollar businesses. It chose higher profit margins over corporate size, and expanded aggressively overseas, seeking sales, low-cost engineering talent and quicker organisational reflexes. Investors, however, haven't been ...more »

Institutional Investing
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Stopping airline offer against the law: Expert
Peninsula On-lineJanuary 2, 2012

Qatar is also a member of the World Trade Organization (WTO) and is committed to protecting businesses and investments and encouraging competition. And there is a law (Number 19 of 2006) that seeks to prevent trade monopolies, encourage competition and ...more »

Commercial
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Let's not celebrate Net gaming quite yet
Las Vegas Review - JournalJanuary 1, 2012

This is exactly what the commercial casino industry and Nevada gaming authorities don't want. The American Gaming Association, Caesars Entertainment Corp., MGM Resorts International and others are pushing Congress to adopt federal laws legalizing ...more »

Obama signs 2012 defense bill 'with reservations'
The Warner Robins PatriotJanuary 2, 2012

“I have signed the act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial service members and their families and vital national security programs,” Obama is quoted in a statement released by the ...more »

Commercial Bankruptcy
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Laying down the laws
Sacramento BeeJanuary 1, 2012

Do not use the commenting system for advertising. That's spam and it isn't allowed. • Don't use all capital letters. That's akin to yelling and not appreciated by the audience. • Don't flag other users' comments just because you don't agree with their ...more »

Internal Investigative Services
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Longtime highway commissioner resigns, 3 lieutenants dismissed amid misconduct ...
Capital TimesJanuary 15, 2012

Columbia County Highway Commissioner Kurt Dey, shown here distributing 2012 budgets at the Oct. 19 County Board meeting, has resigned in the wake of an internal investigation into the ethical and business practices of top department employees. ...more »

Commercial Leasing
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San Jose police reduce alarm response
San Jose Mercury NewsJanuary 1, 2012

They favor rules that allow for more false-alarm fines but still guarantee a police response. But San Jose police say they're following the lead of other cities including Fremont, Las Vegas and Salt Lake City that have stopped automatic alarm responses ...more »

International Transactions
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Brokerage Firm Sale Runs Afoul of FINRA Private Securities Transaction Rule
ForbesJanuary 3, 2012

Without admitting or denying the findings, prior to a hearing, and without an adjudication of any issue of law or fact, Respondents Syndicated Capital, Inc. (“SCI”), Joseph L. McAdams, Jr., and Faith Li Lee submitted a Letter of Acceptance, ...more »

Communications & Media
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NJ wine producers fight to direct ship bottles out of state
Cherry Hill Courier PostJanuary 1, 2012

Assemblyman Joseph Cryan, D-Union, says Sweeney's plan to permit Garden State wineries to ship a limited number of cases of wine, and to allow out-of-state producers to ship the same limited number into New Jersey “would negatively impact New Jersey ...more »

Clayton businessman challenges state machine gun law
News & ObserverJanuary 1, 2012

The issue now, Nielsen says, is that the sheriff is able to add rules and regulations to the permitting process that are outside of the state statutes and federal licensing laws. The machine gun permit Nielsen asked for in May 2011 was denied because ...more »

Construction & Development
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Area businesses optimistic about 2012
Green Bay Press GazetteJanuary 1, 2012

... Inc. and convert them to a mixture of apartments and commercial spaces, if it can get Wisconsin Housing and Economic Development Authority tax credits, and a new Veteran's Administration clinic is under construction on the city's far east side. ...more »

Locating Funds
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Money problems plagued Scranton
Wilkes Barre Times-LeaderJanuary 1, 2012

On Oct. 19, the Pennsylvania Supreme Court found in a 6-1 ruling that the distressed municipalities act, or Act 47, does not supersede Act 111, the Policemen and Firemen Collective Bargaining Act, meaning that the city could no longer delay collective ...more »

Contracts Involving State & Minicipality
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Ojai picks new city attorney
Ventura County StarJanuary 2, 2012

... per hour for general legal counsel, which includes legal services such as criminal prosecutions but excludes civil litigation. That would be billed at $195 per hour. The council also chose Scott Howard, of Ventura, to be assistant city attorney. ...more »

Mergers, Acquisitions & Divestitures
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Inerjys Ventures Hires New Partner
MarketWatch (press release)January 4, 2012

He has an extensive track record of generating investment opportunities and executing mergers, acquisitions and divestitures with several large multinational industry leaders. Most recently, Martel worked for AREVA, a global energy solutions company, ...more »

Corporate Finance & Taxation
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FIMBank named Best Trade Finance Bank in Malta by Global Finance
DI-VEJanuary 3, 2012

by di-ve.com - editorial@di-ve.com Global Finance, a leading global corporate finance monthly magazine with over 200000 readers internationally, has proclaimed FIMBank as the Best Trade Finance Bank in Malta for 2012. FIMBank, the Malta-based leading ...more »

Mortgages & Foreclosures
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Consumer chief says controversial appointment won't slow agency
Los Angeles TimesJanuary 5, 2012

The bureau launched its program to supervise non-bank firms such as mortgage companies, including brokers, loan servicers and foreclosure relief services -- the first time any of those entities have faced federal oversight. The agency last year began ...more »

Creditor's Rights
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Retirement? No way! Seniors continue working out of need and pleasure
The News JournalJanuary 1, 2012

In others, the unacknowledged reality of age discrimination keeps the door closed. And in an economy where jobs are difficult to come by even for younger workers, seniors who are laid off face an even tougher time. In Delaware, the statistics point to ...more »

Non-Profit Corporations
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Three Campaign-Finance Lawsuits On the Heels of 'Citizens'
Corporate CounselJanuary 2, 2012

Federal law has prohibited corporations from contributing to candidates for federal office since 1907. The contribution ban is now contained in Section 441b(a) of the Federal Election Campaign Act of 1971. It applies to unions as well. ...more »

Customs Disputes
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Top Trademark Litigator Jill Pietrini Joins Sheppard Mullin
MarketWatch (press release)January 3, 2012

"Jill is a powerhouse litigator, portfolio manager and trademark attorney, who has regularly been recognized among the top IP lawyers in the state. With a diverse client roster that includes film, music and fashion industries, her practice dovetails ...more »

Professional Corporations
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Halfway marine protection measure launched in California
Red, Green, and BlueJanuary 2, 2012

Representatives of the Department of Fish and Game, corporate “environmental” NGOs, the Western States Petroleum Association, Safeway Stores and other supporters of the privately funded Marine Life Protection Act (MLPA) Initiative have reason to ...more »

Debt Collection
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Zimmerman regards appellate law, opens law firm
KSL-TVJanuary 2, 2012

Booher has a Ph.D. in philosophy in addition to his law degree and always planned to teach. But Zimmerman said Booher has been the most appellate-oriented, going straight into appeals after obtaining his law degree. "I like doing everything, bankruptcy...more »

Public Offerings
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Lacrosse lawyer seeks Duke PR info
Durham Herald SunJanuary 2, 2012

Durham attorney Bob Ekstrand has told federal judges information from the two firms, Burson-Marsteller and Edelman, is important to his clients' civil-rights lawsuit against Duke because public-relations worries were central to the school's response in ...more »

Debt Settlement
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Duane Morris Names Six Attorneys of Philadelphia Office to Partnership
Citybizlist (press release)January 3, 2012

Kosta provides counsel in government relations, as well as such litigation alternatives as settlement and mediation. She served as an intern in the US Attorney's Office for the Eastern District of Pennsylvania and as a judicial intern for Chief Justice ...more »

Reorganizations & Restructuring
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Michael's Fresh Market files for bankruptcy
Chicago TribuneJanuary 3, 2012

Michael's Fresh Market, which has six stores in the Chicago area, has filed for Chapter 11 bankruptcy, a predicament that it blames on a lending freeze imposed by struggling Premier Bank of Wilmette. Michael's Market LLC, the Chicago-based parent of ...more »

Directors' & Officers' Liability
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£9m police fraud unit opens for business
Post OnlineJanuary 3, 2012

The 34-strong team will act on evidence of motor insurance, commercial and public liability fraud and illegal insurance advisers. Its major priority will be targeting the organised crime group. As exclusively reported in Post last month, the unit will ...more »

State & Minicipal Bonds
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Proposed Changes to Child Sex Crimes Laws After Penn State Scandal
EIN News (press release)January 1, 2012

Business strategies for the digital age. Free website from the Economist Intelligence Unit. Accounting, Tax & Payroll Services. Enjoy your business, leave the paperwork to us. We are certified accountants. Founded in 1995, EIN News is an international ...more »

False Advertising
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New rule requires air fare ads to include taxes and fees
Los Angeles TimesJanuary 1, 2012

"The price advertising provision was adopted to make sure passengers know the full amount they will have to pay for air transportation when they buy a ticket," said agency spokesman Bill Mosley. The federal regulation does not require that fares ...more »

Trade Associations
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Stopping airline offer against the law: Expert
Peninsula On-lineJanuary 2, 2012

Qatar is also a member of the World Trade Organization (WTO) and is committed to protecting businesses and investments and encouraging competition. And there is a law (Number 19 of 2006) that seeks to prevent trade monopolies, encourage competition and ...more »

Federal Contracts
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In loan case, jury awards Independence woman more than $1 million
Kansas City StarJanuary 1, 2012

Lawyer Bernard Brown, who represented the woman, said the Missouri Merchandising Practices Act protects consumers who are unable to obtain car titles when their dealers go out of business. The law views such sales as “fraudulent,” and purchasers are ...more »

Unfair Competition
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The Velvet Underground files suit over famed 'banana' logo
New York PostJanuary 11, 2012

The Manhattan federal court filing -- which seeks unspecified damages for trademark infringement and unfair competition -- notes that the foundation owns more than $120 million worth of Warhol's art, and makes more than $2.5 million a year licensing ...more »

Federal Grants
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Troopers targeting drunks
WLBT-TVJanuary 1, 2012

The highway patrol is using federal grants to beef up its patrols. WLBT's cameras went for a ride with state troopers early Saturday evening and there were plenty of violators. Troopers are concentrating on high traffic areas of the state in what they ...more »

Venture Capital
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VC Outlook: Flybridge's Greeley On The 'Silver Age' Of Venture Capital
Wall Street Journal (blog)January 9, 2012

By Russ Garland As 2011 came to a close, we asked several venture capital investors to reflect on the past year and give us their outlook for 2012. Continuing our series is Michael Greeley, general partner of Flybridge Capital Partners. ...more »

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