August 8, 2011 nº 1,076 - Vol. 9


"When a dog bites a man that is not news, but when a man bites a dog that is news."

Charles A. Dana

Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International.

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Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

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  • Top News

Wall Street's new normal

Who doesn't like Mondays? More turmoil in the markets is expected following the United States downgrade and European debt actions. The world is a much different place than it was when Wall Street went home on Friday afternoon. United Stock stock futures this morning are poised to open sharply lower following Standard & Poor's downgrade of the United States' credit crediting on Friday evening. The uncertainty and the speed of the developments is to many eerily reminiscent of 2008.

How politicians downgraded America

The downgrading of America is a humiliation for a nation constantly fretting about its potential decline. It reinforces a very common belief here, that the squabbling politicians in Washington are to blame for many of the country's ills. It was indeed a major theme of candidate Obama that "business as usual" couldn't continue and, by an effort of will, America had to come together. The decision by Standard & Poor's to push America into the second division, when it comes to trustworthiness about paying its bills, puts the USA below the UK, Germany, France, Singapore, Finland and 14 other countries. The reason it gives is what all America has been saying: Washington doesn't work. The S&P report says: "The political brinkmanship of recent months highlights what we see as America's governance and policymaking becoming less stable, less effective, and less predictable than what we previously believed."A clumsy sentence, yet it encapsulates the frustration of many Americans. They don't think too much of the plan they did eventually come up with at the last minute.

Markets volatility

European stock markets have given up early gains, which had been triggered by the European Central Bank saying it intended to buy up government debt. The yield on Spanish 10-year bonds - an indication of the risk associated with lending Spain money - fell from more than 6% to about 5.2%. Yields on Italian bonds fell by a similar amount. Stock market investors appeared to be less enthusiastic about the ECB's bond purchases. Earlier, Asian shares h ad fallen as investors worried about rating agency Standard and Poor's downgrade of US debt. Analysts warned that markets would remain volatile in coming weeks, despite the G7 group of developed countries and the ECB vowing to support financial stability. The fear for many investors is that the US economy will slow further, and even enter a double-dip recession. Gold, which is seen as a safe investment in times of economic uncertainty, jumped to a new record high of $1,704 an ounce on increased demand.

Legal English: top 15 terms you should know

Georgetown Law CLE & Lex Mercator are pleased to invite you to our next free online lecture entitled "Legal English: Top 15 Terms You Should Know".  It will be offered on Thursday, August 11, at 5 p.m. Washington, D.C. time, and you can attend online live.  Professor Kit Williams, managing director and instructor at Georgetown University Law Center’s International Commercial Practice Series, will teach the lecture.  You can reserve your spot for free clicking here.

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  • MiMIC Journal

GDF close to China investment deal

GDF-Suez is on the verge of signing a deal with China Investment Corp. which could see the Chinese sovereign-wealth fund take a 30% stake in the French energy giant's exploration and production business for around €3bn.

U.S., China claim progress on audit oversight

U.S. and Chinese authorities took a small but important step Monday toward allowing American inspections of Chinese audit firms.

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  • Brief News

The America Invents Act (HR 1249)

The America Invents Act may seriously harm your ability to protect and profit from your ideas. How? First, the end of "first to invent." Under the current law it doesn't matter when you file your patent application, you are protected the moment you come up with a description of your idea. What this means is that, here in America, you can file your patent after your competitor files, but be granted the patent because you can prove that your notes and demonstration materials were created before your competitors notes and demonstration materials were created. Under the new law the patent will be granted to the "first to file," just like it is in Europe. This may not sound so bad, but it is. Why? Because it will require every inventor to be in stealth mode until they file for their patents. How will an individual come up with the thousands of dollars required to file a patent without talking to an investor first? Worse yet, telling anyone (colleague, teacher, supplier, business associate) about your idea would enable them to steal it from you just by beating you to the patent office and applying under someone else's name that you don't recognize (so you can't prove that the applicant derived it from you). Hackers can also do this to you w/o your knowledge. This is anti-innovative, anti-collaborative, anti-small business and just plain bad.

Does "first to file" hurt big companies? Not nearly as much. Big companies have research and development departments, internal confidentiality agreements and teams of lawyers on staff – the two kids in the proverbial "garage" inventing a practical cold fusion reactor probably don't. America was built on a model of open innovation – this proposed legislation is going to make it a thing of the past. Other changes will make it easier to accidentally lose the ability to obtain a patent (e.g. if you offer your invention for sale or publicly use it), will more easily enable an infringer to defend themselves by showing such actions prior to the plaintiff's application, and will enable infringers to postpone the issuance of other's patents by filing expensive post-grant review procedures … which can also cost a company more than they can afford."

Arbitration on the increase in Islamic finance

In the high court in London earlier this year a Muslim businessman brought a case against a fellow Muslim businessman concerning a dispute over the arbitration process relating to a contract between the two parties. The one businessman objected to his counterpart appointing a non-Muslim arbitrator stressing that under Islamic law the arbitrator must be Muslim. Given the growing number of court cases involving Islamic banks or financial transactions over the last few years, including several in the high court in London, financial regulators are keen to see the industry adopt alternative dispute resolution schemes involving arbitration. The Shariah, the Islamic Canon Law derived from the Qur'an, the Muslim holy book, the Sunnah, the practices of the Prophet Muhammed (peace be upon him), and Hadith, the authentic sayings of the Prophet Muhammed, prefers dispute resolution through arbitration than through lengthy and in modern times, very expensive litigation. The enforceability of arbitral awards in foreign jurisdiction may attribute to the preference of arbitration over litigation to resolve disputes. Not surprisingly, the demand for international commercial arbitration as a mode of dispute resolution is growing year by year in line with the expansion of transnational commerce, trade and the rapid globalization of the world economy.
Few foreign parties to international contracts will be content to submit disputes to the national courts of the other party. If they do so, it will usually be only as a result of the superior bargaining power of the other party, or a failure to agree otherwise. A claimant, who initiates court proceedings will, in the absence of an agreed submission to the jurisdiction of another court or to arbitration, usually be obliged to sue in the court of the defendant's home country.

Accused Chinese infringers face trial in the United States

Three Chinese companies will have to defend themselves in U.S. courts against a copyright infringement case brought by a California software company, a federal judge has ruled.

Bank of America sued for outsourcing customer calls overseas

A class action filed Wednesday accuses Bank of America Corp. of putting the privacy of its customers' financial data at risk of U.S. government surveillance by transferring service calls to overseas call centers.

Verizon workers go on strike

About 45,000 workers at US telecommunications giant Verizon Communications have gone on strike after failing to reach agreement on new contracts, unions have announced. They said Verizon had "refused to move from a long list of concession demands" and striking would continue until the firm "starts bargaining seriously". The company said it had trained tens of thousands of managers, retired workers and others to fill in for striking staff. Verizon Wireless customers and services would remain unaffected by the strike.

Court strikes down ban on hormone therapy for inmates

The US Court of Appeals for the Seventh Circuit on Friday upheld a lower court's ruling invalidating the Inmate Sex Change Prevention Act, which prohibited the Wisconsin DOC - Department of Corrections from providing transgender inmates with hormone treatment. The district court invalidated the act because it violated the Eighth Amendment ban on cruel and unusual punishment and the Fourteenth Amendment's Equal Protection Clause. The appeals court rejected the defendants' contention that the state legislature has the power to prohibit certain medical treatments when other medical treatments are available and that the act is justified by a legitimate need to ensure security in state prisons. The appeals court first found that GID - Gender Identity Disorder is a psychiatric disorder often treated with hormones to relieve psychological distress and that when hormones are withdrawn, severe complications may arise. The court found that the defendants failed to produce evidence to show that other treatment existed to effectively treat GID without hormones.

Israel ex-president begins appeal before high court

Former Israeli president Moshe Katsav on Sunday appeared before the Supreme Court of Israel to begin the appeal of his conviction and seven-year sentence for rape and sexual assault. The proceedings, which are being held in open court, are expected to conclude following two weeks of arguments. Katsav's sentence was postponed in May, shortly after he filed the 300-page appeal.

Saudi Arabia amends highly criticized anti-terrorism law

Saudi Arabian officials on Saturday proposed amendments to the draft anti-terrorism law that received much criticism from human rights groups. A spokesperson for the Shura Council confirmed that the draft of the Penal Law for Terrorism Crimes and Financing of Terrorism was discussed during a session of the council in which changes to make the law less severe were proposed. The amended version of the law would criminalize taking up arms against the king or crown prince as opposed to the original version, which made questioning the king or crown prince a crime, carrying a minimum prison sentence of 10 years. The council seeks to amend the draft further before sending it to the king for approval. However, the changes may be overridden, given the council's limited powers. AI - Amnesty International revealed the draft law and criticized it in a press release, contending that the legislation's definition of "terrorist crimes" is overly broad and would allow authorities to prosecute protestors for a wide range of conduct. AI also claimed that the draft law conflicts with international human rights treatises such as the UN CAT - Convention Against Torture.

California unlikely to meet meet deadline to reduce prison population

California's Legislative Analyst's Office released a status report on Friday concluding that California is unlikely to meet the Supreme Court's two-year deadline to reduce the state's prison population by 34,000 inmates. California's prisoner realignment plan, which entails shifting thousands of low-level offenders to county jails, could reduce the prison population by 32,000 inmates—still a few thousand inmates short of decreasing the 180% prison capacity to the mandated 137.5% capacity, by June 27, 2013. The report states that despite statutory sentencing changes, out-of-state transfers, the construction of new prisons, and the realignment of certain adult offenders and parolees, California is urged to request additional time to comply with the order. The number of inmates currently in California prisons is approximately 143,500, about a 19,000 inmate reduction from 2006.

Wall Street's tax on main street

Amid all the talk of debt and default in Washington last week, local municipalities are filing for bankruptcy. While pensions and the economy are behind many of municipalities' troubles, Wall Street has played a role, too. Hidden expenses associated with how local governments finance themselves are compounding financial problems down at city hall. Wall Street banks have peddled to municipalities all sorts of financial products, some of which have turned out to be costly mistakes. Poorly structured financial transactions involving bonds and derivatives known as interest rate swaps represent "Wall Street's multibillion-dollar hidden tax on Main Street. The arrangements are typically made when borrowers want to exchange variable-rate debt for fixed-rate obligations. These deals are lucrative for the banks, but many of the issuers don't seem to understand them.

News Corp. director leading phone-hack probe has personal ties to Murdochs

News Corp.'s independent directors, obligated to assess Rupert Murdoch and other top executives' handling of the company's phone-hacking scandal, are relying for guidance on Viet Dinh, a board member with personal ties to the Murdoch family.

Facebook says has damning evidence in Ceglia case

Facebook says it has uncovered "smoking gun" evidence that a contract at the heart of a lawsuit against the company and its founder Mark Zuckerberg is fraudulent.

  • Weekly Magazine Review

Time
The great American downgrade. The Debt Deal's Failure (Nation)
Congress proved incapable of solving our nation's money problems. The result is that we've lost the world's trust.

Newsweek
Bachmann: Tea Party Queen. Why Michele Bachmann is riding high going into Iowa.

Business Week
The Saving of Ground Zero. A tale of power, money, tragedy, and the unlikely rebirth of the World Trade Center site.

The Economist
Time for a double dip? A lousy debt deal, rising fears of a recession, the danger of longer-term stagnation: America's outlook is grim.

Der Spiegel
Geht die Welt bankrott? US-Verschuldung, Euro-Krise, Börsenchaos

  • Daily Press Review

Markets slide on credit uncertainty
Al Jazeera, Doha, Qatar

Saleh won't be returning to Yemen- sources
Asharq Al-Awsat, Pan-Arab daily, London, England

FM: Kuwait recalls envoy from Syria
Egyptian Gazette, English-language, Cairo, Egypt

Hackers attack Syria ministry website with anti-government message
Haaretz, Liberal daily, Tel Aviv, Israel

Arab League bets on 'dialogue' to end crisis in Syria
JPost, Conservative, Jerusalem, Israel

Theresa May returns after London violence
BBC News, Centrist newscaster, London, England

Stock markets fall after U.S. downgrade
CNN International, London, England

Germans threaten air traffic strike
Daily Express, Conservative tabloid, London, England

Tottenham riot: 100 arrested as it emerges top officer flew on holiday hours before carnage
Daily Mail, Conservative daily, London, England

'Jennifer Aniston threw Brad Pitt out after he confessed his love for Angelina Jolie': New book lifts lid on split of the century
Daily Mail, Conservative daily, London, England

ECB action stems market slide
EuroNews, International news, Ecully Cedex, France

EUROZONE: Markets mixed as Europe digests ECB intervention
France 24, Issy-les-Moulineaux, France

Residents of world's tallest tower to break fast according to floor
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Nato Chinook in crash-landing
Independent The, London, England

Russia speaks out over Tymoshenko arrest
Moscow News The, Independent, Moscow, Russia

London riots: August 7 as it happened
Telegraph The, Conservative daily, London, England

Dolce & Gabbana's top tips for seduction
Telegraph The, Celebrity news, London, England

Flood threat in Bangkok, Central Plains
Bangkok Post, Independent, Bangkok, Thailand

Ma visits residents in southern Morakot restoration areas
China Post, English-language daily, Taipei, Taiwan

Israelis Protest High Cost of Living
Chosun Ilbo, Conservative daily, Seoul, South Korea

Royal Navy appoints first female warship Commander
Hindustan Times, New Delhi, India

Kareena's statue will not be installed at Tussauds
India Times, Conservative daily, New Delhi, India

Holyfield lends wisdom to U.S. team
Japan Times, Independent centrist, Tokyo, Japan

Veteran 'disgusted' war heroine never recognised
New Zealand Herald, Conservative daily, Auckland, New Zealand

ECB decides to buy eurozone bonds to curb debt crisis
People's Daily Online, English-language, Beijing, China

Russia to lift ban on EU vegetables from Tuesday
Straits Times, Pro-government, Singapore

Zac: 'everyone's hero'
Sydney Morning Herald, Centrist daily, Sydney, Australia

Tottenham to help rebuild London neighborhood
Taiwan News, English-language daily, Taipei, Taiwan

S&P cut on US debt to have minimal long-term impact: JP Morgan
The Economic Times, Business, Mumbai, India

Syria faces more gunfire as crackdown intensifies
Canadian Broadcasting Centre, Toronto, Ontario

Police search for answers after eight killed in Ohio shooting rampage
Globe and Mail The, Centrist daily, Toronto, Canada

ECUADOR: Big Bucks from China Drive Domestic Development
IPS Latin America, International cooperative of journalists, Rome, Italy

Stock index futures tumble after S&P downgrade
Reuters, Business News, New York, U.S

Foreign troops comb helicopter crash site in Afghanistan
Reuters, World News, New York, U.S

Stocks resume heavy losses as world waits for U.S. markets to open
Toronto Star, Toronto, Ontario

Zimbabwe torture camp discovered
BBC News, Centrist newscaster, London, England

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