February 3, 2010 Nº 867 - Vol. 8
"The question isn't who is going to let me; it's who is going to stop me."
Ayn Rand
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Hague court to rule on Sudan president genocide charge
Appeal judges at the International Criminal Court are to decide whether Sudanese President Omar Hassan al-Bashir should be charged with genocide. In issuing its first arrest warrant against a sitting head of state, the ICC said Bashir could be held responsible for war crimes in Darfur. But the Hague court earlier rejected the prosecution's request to include charges of genocide. The prosecution appealed and judges will rule on this on Wednesday.
French Concorde crash trial opens
US airline Continental and five individuals go on trial in France over the Concorde crash of 2000, in which 113 people died. The presiding judge began the proceedings by reading out the names of all those who died. Presiding judge Dominique Andreassier read out the charges against US airline Continental, two of its technical staff, two former Concorde engineers and a former French civil aviation official. They are accused of the manslaughter of 109 people on the plane and four people on the ground. They all deny the charges.
In Europe, challenges for Google
On issues like privacy, copyright protection and the dominance of its search engine, Google is increasingly clashing with lawmakers and regulators.
Lateral partner moves spiked in 2009
By most measures, 2009 was a dismal year for the legal industry. One notable exception to the drumbeat of record layoffs and bankruptcy actions: By our count, there were also a record number of lateral partner moves in The Am Law 200. In the 12 months ending Sept. 30, 2009, 2,775 partners left or joined the biggest firms in the country -- a 10.6 percent increase in mobility over last year. Many firms were "opportunistic" about adding outsiders, and some of the same firms pushed partners out. Fortunately, partners who didn't want to spend their afternoons playing Minesweeper on their BlackBerrys had time to check out the competition. Litigation partners, representing 17 percent of all partner lateral moves, led the pack, followed by banking and finance lawyers at 15 percent, corporate attorneys at 10 percent, and intellectual property attorneys at 9 percent.
Migalhas on International Arbitration
The second edition of the Migalhas on International Arbitration review just got off the press. Quinn Smith and Mauricio Gomm-Santos of Smith International Law in Miami prepared it. As always, the articles provide a wide-ranging overview of topics in international arbitration issues from top writers. It is available here. And, of course, we welcome your opinions and contributions in this area.
Before you open the door to the boardroom, peek through the keyhole!
Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. Click here to peep through the hole!
1 - France court begins Concorde jet crash trial (Click here)
2 - US citizens arrested after trying to remove children from Haiti (Click here)
3 - Obama to Seek Sweeping Change in 'No Child' Law (Click here)
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China warns Obama not to meet Dalai Lama
China has warned that ties with the US would be undermined if Obama met the Dalai Lama. There is speculation that Obama will meet the Tibetan spiritual leader in Washington later this month, but no date has been confirmed. Communist Party official Zhu Weiqun said such a meeting would "threaten trust and co-operation" between Beijing and Washington.
OECD urges China to let yuan rise
The yuan needs to appreciate to reduce China's dependence on exports for growth. The OECD argues that more exchange rate flexibility and targeting inflation would help economic stability in China. Its report also said the Chinese economy was weathering the global crisis "remarkably well". It grew by 8.7% in 2009, setting it on course to become the world's second-largest, leaving Japan in third place.
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Telecom
La justicia Argentina anuló una decisión del gobierno que obligaba a Telecom Italia a desinvertir en su filial de este país, al advertir sobre posible situación monopólica. La decisión judicial a favor de la telefónica italiana hace referencia a una orden emitida en 2007, luego de que Telefónica de España compró acciones en la casa matriz de su competidora. (Presione aquí)
Negocios
La brasileña Braskem informó sobre firma de un acuerdo con la petroquímica estadounidense Sunoco Chemicals para comprar sus activos de polipropileno en América del Norte por US$ 350 mlls. De esta manera, la química iniciará operaciones en el mercado norteamericano, el mayor mercado consumidor de resinas.
Cemento
La brasileña Camargo Correa retiró su propuesta para fusionar sus operaciones de cemento con Cimentos de Portugal (Cimpor) a través de la compra de entre un 15% y un 25% de su capital. Aunque aseguró que mantiene su interés en la compañía europea por la que había ofertado US$ 5.377 mlls.
Malvinas
El canciller Jorge Taiana citó a la embajadora del Reino Unido para expresarle "la enérgica protesta de Argentina" por el inicio de actividades de perforación petrolera al norte de las islas Malvinas. El encuentro fue programado para este miércoles; sin embargo, en ausencia de la diplomática Shan Morgan, se supo que se presentará el encargado de negocios británico.
Banamex
El Grupo Financiero Banamex anunció el lanzamiento del banco virtual Blink, con una inversión de US$ 3 mlls. En el primer año de operaciones la entidad planea captar cerca de 100.000 nuevos clientes.
US citizens arrested after trying to remove children from Haiti
Haitian authorities confirmed Sunday that 10 US citizens have been arrested after attempting to bus 33 children across the border into the neighboring Dominican Republic. Haitian Social Affairs Minister Yves Christallin said that a total of 12 people were arrested Friday, including the 10 Americans and two Haitians. The Idaho-based Baptist group New Life Children's Refuge planned to take 100 Haitian orphans across the border to an orphanage in the resort town of Cabarete as part of the "Haitian Orphan Rescue Mission".
When legal bills become a cause for dispute
White-collar crime prosecutions and related civil actions are enormously expensive to defend, and defense costs can reach the tens of millions of dollars fairly quickly. One reason is the complexity of the cases, which require defense lawyers to spend months digging through piles of documents while trying to interview dozens of witnesses. It is fairly common for cases to come to trial a year or more after the criminal indictment, and there are often dozens of pretrial motions that will have been briefed and argued in that time. And white-collar trials are usually measured in weeks, if not months, and that only compounds the expenses. The lawyers who work high-profile white-collar cases come from some of the leading firms in New York, Washington and elsewhere, charging steep hourly rates - there are no contingent fees in criminal matters - and staffing them with a phalanx of partners, associates and paralegals. While it was almost unknown for leading Wall Street law firms to do criminal work 30 years ago, white-collar defense is now a major source of fees and one that appears to be largely immune to the recession that has hit the firms over the past two years. When was the last time you heard about layoffs in the white-collar department? Someone has to pay for all those lawyers, of course, and when the case involves a corporation it is usually the company that is obligated to pay for separate counsel for each of its employees who get caught up in the criminal and civil investigations and prosecutions. Companies in turn buy insurance for their directors and officers to cover at least part of the legal fees, as the Stanford Financial Group did from Lloyd's. Corporations are usually not very happy about paying to defend former officers accused of misconduct that has dragged the corporate brand through the mud. Often, such cases result in companies agreeing to a deferred or nonprosecution agreement for the ex-officers' wrongdoing. And what insurer has ever jumped at the chance to pay out on claims for misconduct under a directors and officers insurance policy. It seems to be more common lately for companies and insurers to resist paying for the lawyers because there is little prospect of recovering those fees if a corporate officer is found guilty. Companies usually include in their articles of incorporation or bylaws a provision requiring them to advance attorney's fees to directors, officers and employees who are caught up in investigations or charged in criminal or civil actions. Although the companies and insurers may balk, the courts - especially those in Delaware where so many large companies are incorporated - have been particularly protective of the right to advancement of legal expenses.
US military gay ban 'should go'
Gay people should be allowed to serve openly in the US military, the top commander says, as a review of a ban is announced.
UK cabinet misled on Iraq war legality
Tony Blair's cabinet was "misled" into thinking the war with Iraq was legal, ex-International Development Secretary Clare Short has told the UK's inquiry. She said Attorney General Lord Goldsmith had been "leaned on" to change his advice before the invasion. Blair "and his mates" decided war was necessary, and "everything was done on a wing and a prayer", Ms Short said. She said the cabinet had not been a "decision-making body" and called Parliament a "rubber stamp".
Brazil grants environmental licence for Belo Monte dam
Brazil's government has granted an environmental licence for the construction of a controversial hydro-electric dam in the Amazon rainforest. Environmental groups say the Belo Monte dam will cause devastation in a large area of the rainforest and threaten the survival of indigenous groups. However, the government says whoever is awarded the project will have to pay $800m to protect the environment.
Shell stakes green future on sugar biofuel in $2bn Brazil venture
Royal Dutch Shell has moved to take shared control of the world's largest sugar processor in the hope of promoting ethanol as a green fuel for US and European markets. Cosan will provide $5bn of its assets, including all its production facilities and an ethanol-trading unit, while Shell will contribute $2bn in cash, 2,740 service stations, and stakes in two green technology businesses. The 50-50 joint venture will assume Cosan's $2.5bn of debt.
Britain will not pursue legal action against Madoff
The fraud office said its investigation had found "insufficient evidence to provide a realistic prospect of conviction" against either the company or its directors. Meanwhile, in the US, a bankruptcy judge considered which groups of Madoff victims should share in the recovery of assets.
Germany will buy 'tax evaders' list if real
The German Chancellor, Angela Merkel, says she will buy a list of alleged tax avoiders said to be hiding money in Switzerland - if it is a genuine one. Up to 1,500 Germans are alleged to have stashed millions of dollars in secret bank accounts across the border. The Financial Times Deutschland reported that the data was being offered by an IT specialist who once worked at HSBC in Geneva. He is said to be asking $3.5m for the list of names. Some estimate it could net the German government $100m.
US military strategy to focus on 'multiple wars'
The US military must shift its focus to fighting a wide range of threats - from cyber attacks to terrorism - the Pentagon's 2010 draft strategy says. The quadrennial defense review - set to be unveiled in Washington - revises the previous objective of being equipped to fight two major conflicts at any time. The strategy accounts for threats such as cyber attacks, global warming and "hybrid" guerrilla-style insurgencies. It comes on the same day that the US defense secretary unveils his budget.
Paris becoming 'European capital of boredom'
More than 14,000 people have signed a petition urging the mayor of Paris to save the city from becoming, as the newspaper Le Monde put it, "the European capital of boredom". Paris has been famous for its nightlife, but it's now being criticized for getting dull and sleepy. A growing number of night clubs and bars have been forced to close, because of complaints by residents about noise.
Pope attacks government over Equality Bill
The Pope has urged Catholic bishops in England and Wales to fight the UK's Equality Bill with "missionary zeal". Pope Benedict XVI said the legislation "violates natural law". Supporters of the law see this as a wish to keep a ban on gay people in Church positions. Gay rights campaigners condemned his comments, saying equality had to apply to everyone.
Iran top judge says protester executions to be based on law, not political pressure
Top Iranian judge Sadeq Larijani said Monday that any further executions of anti-government protesters will be based on the law rather than on political pressure. Refusing to heed calls for more executions to stop opposition demonstrations, Larijani emphasized that all penalties will observe Iranian law, which is rooted in Islamic Sharia law.
France refuses a citizenship over full Islamic veil
The French government has refused to grant citizenship to a foreign national on the grounds that he forced his wife to wear the full Islamic veil. The man, whose current nationality was not given, needed citizenship to settle in the country with his French wife. But Immigration Minister Eric Besson said this was being refused because he was depriving his wife of the liberty to come and go with her face uncovered.
People are quicker when reacting that when initiating
Inspired by Hollywood cowboy films, researchers have delved into the science of gun fights. Scientists discovered that people move faster when reacting to something than when they perform "planned actions". "In our everyday lives we have this constant battle between things we decide to do and things we have to do to avoid a negative consequence." "The person who draws second is going to die. They'll die happy that they are the faster person to move but it's not much consolation in this context".
Mitchell Urges Europe to Pressure Abbas Back to Negotiations- French Sources
Asharq Al-Awsat, Pan-Arab daily, London, England
Hamas suspends Shalit talks to protest Dubai assassination
Haaretz, Liberal daily, Tel Aviv, Israel
MIDEAST: Corrupt Arab Regimes - Who is to Blame?
IPS Middle East, International cooperative of journalists, Rome, Italy
Salam Fayyad: Occupation must end
JPost, Conservative, Jerusalem, Israel
RCA intensifies relief efforts in Haiti
Khaleej Times, English-language daily, Dubai, United Arab Emirates
UAE's Etisalat seeks to up stake in Indian unit, takes over African venture
Middle East North African Network, Online financial portal, Amman, Jordan
Obama to Meet Dalai Lama despite China's Warnings
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Militants float explosive-laden barrels toward Israel to avenge Mabhouh killing
The Daily Star, Independent daily, Beirut, Lebanon
Afghan leader seeks Saudi help with Taliban
Times of Oman, English-language daily, Muscat, Oman
Dementia 'losing out' on funding
BBC News, Centrist newscaster, London, England
Wigan crash out at a rate of Notts
BreakingNews.ie, Online news portal, Cork, Ireland
Rooney's amazing pay packet: 15m a year
Daily Express, Conservative tabloid, London, England
Off-duty police paid 100 to pick up a phone: Four hours' pay for minutes of work part of 500m-a-year overtime bill
Daily Mail, Conservative daily, London, England
Vodacom loses 1.1 mln customers in December quarter
DMeurope, Online news portal, Amsterdam, Netherlands
Graham Sankey held over attack on Joe Anderson
icLiverpool, Online news portal, Liverpool, England
Daughter of ex-City star Antoine Sibierski found dead
Manchester Online, Independent daily, Manchester, England
Prague Castle's Golden Lane to close for renovation
Radio Prague, Online news portal, Prague, Czech Republic
Harry's Tribute To Two Bomb Blast Soldiers
Sky News, Independent newscaster, Middlesex, England
Opinion: Tax Money Has No Smell
Spiegel International, Liberal newsmagazine, Hamburg, Germany
No apology from IPCC chief Pachauri for glacier fallacy
The Guardian, Liberal daily, London, England
Chelsea miss opportunity against Hull
The Irish Times, Centrist daily, Dublin, Ireland
McDonald's Celebrates 20 Years With 45 New Outlets
The Moscow Times, Independent daily, Moscow, Russia
Iraq inquiry: 'last minute' planning caused body armour shortage, says Sir Jock Stirrup
The Telegraph, Conservative daily, London, England
Christmas Day bomber Umar Farouk Abdulmutallab offering 'useful intelligence' to FBI
Times Online, Conservative daily, London, England
PDIP identifies 45 law violations in Bank Century case
Antara News, News agency, Jakarta, Indonesia
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
President, PM step in to save Sindh coalition
Dawn, English-language daily, Karachi, Pakistan
Samajwadi Party expels Amar, Jaya
India Express, News portal, Mumbai, India
Cop shoots self during mock drill
India Times, Conservative daily, New Delhi, India
Is the Russian economy out of the woods?
Japan Times, Independent centrist, Tokyo, Japan
Sodomy II: Trial continues this afternoon (Update)
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Spanish unemployment hits four million
New Zealand Herald, Conservative daily, Auckland, New Zealand
Somali pirates release Greek cargo vessel
People's Daily Online, English-language, Beijing, China
Google steps up high-tech battle with Apple
Sydney Morning Herald, Centrist daily, Sydney, Australia
Amar Singh, Jayaprada expelled from SP
The Hindu, Left-leaning daily, Chennai, India
Energy giant to boost output
The Standard, Business daily, Hong Kong
Murder-accused Remanded
Antigua Sun Online, Independent daily, St. John's, Antigua
Buju Banton held in Miami on cocaine charges
Caribbean News Portal, Online news aggregator
Cruise line pulls out; man charged for tourist murder
Caribbean360, Online news portal, St. Michael, Barbados
Cayman to the aid of Haiti
Cayman Net News, Online news portal, George Town, Cayman Islands
Hapless Accounts Chamber again challenged to come clean
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
PERU: Mining Co's Making a Mint, Tax Free
IPS Latin America, International cooperative of journalists, Rome, Italy
A mother's grief - Newspaper vendor mourns murdered son
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peru: More than 11,000 affected by floods in Puno
Living in Peru, News portal, Lima, Peru
Granger leads Pacers past Raptors
The Globe and Mail, Centrist daily, Toronto, Canada
Revamped Leafs shut out Devils 3-0
Toronto Star, Liberal daily, Toronto, Canada
?Plans afoot for some trials without jury
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
South Sudan hunger rises sharply
BBC News, Centrist newscaster, London, England
Ugandan rebels kill 100 civilians in north-eastern DR Congo, UN reports
CongoPlanet.com, Independent online news aggregator
NALAG should fulfil development aspirations of the people- Mr Aidoo Mensah
GhanaWeb, Online news portal, Amsterdam, Netherlands
Haitians flee capital city
iafrica, Online news portal, Cape Town, South Africa
Zuma should behave better, says Zille
Independent Online, News portal, Cape Town, South Africa
Back to Africa: A new Haitian homeland?
Jimma Times, Online news portal, Jimma, Ethiopia
De Klerk commemorates groundbreaking speech
Mail & Guardian Online, Liberal, Johannesburg, South Africa
Bizarre twist to suitcase murder
News24.com, Online news portal, Cape Town, South Africa
Senate rejects retirement benefits for presiding officers
Vanguard, Independent daily, Lagos, Nigeria
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