April 26, 2010 Nº 898 - Vol. 8
"For an answer which cannot be expressed the question too cannot be expressed. The riddle does not exist. If a question can be put at all, then it can also be answered."
Ludwig Wittgenstein
Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International
__________
Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica
_____________
Supreme Court ruling could spark deluge of non-U.S. class actions
Can U.K. and European investors gain legal redress through U.S. courts for corporate malpractice committed by a non-U.S. firm in America? And might charges brought by the U.S. Securities and Exchange Commission against Goldman Sachs unleash a cascade of such class actions by non-U.S. investors? The case with potential watershed qualities that is being closely followed in international legal circles isn't in fact Goldman Sachs. It's an appeal that was heard in the U.S. Supreme Court last month. Judgment is due soon. It has important implications for non-U.S. shareholders and international public companies. The case, Morrison v. National Australia Bank, involved transnational securities fraud and the extraterritorial application of U.S. securities laws.
Obama criticizes proposed Arizona illegal immigrant law
US President Barack Obama on Thursday expressed opposition to a pending Arizona bill that would require any individual suspected of being an illegal immigrant to present valid identification to law enforcement officials. In remarks delivered at a naturalization ceremony, Obama stated that failure to enact federal immigration reform has given rise to laws such as the one under consideration in Arizona: “Indeed, our failure to act responsibly at the federal level will only open the door to irresponsibility by others. And that includes, for example, the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe.” Obama's stance on the Arizona law reflects his administration's policy that aims "to bring people out of the shadows." The remarks underscored Democratic opposition to the bill in Arizona. Proponents argue, however, that the law will discourage illegal immigration.
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!
____________
100% Migalhas: www.migalhas.com
_____________
MiMIC Journal
China tightens property finance requirements, pledges `proactive' measures
China tightened real-estate financing by requiring developers to submit fund-raising plans for review, stepping up efforts to prevent a bubble even as the central bank pledged to maintain an "easy" monetary policy.
U.S. companies' doubts over China future growing with rules
U.S. companies in China are concerned about the "increasingly difficult regulatory environment" and the country's protectionist industrial policies, the American Chamber of Commerce said in a report.
China court awards Microsoft record damages in software piracy suit
A Shangai court ruled Thursday that a Chinese insurance company is liable to software company Microsoft for using illegal copies of its products, ordering the insurance company to pay Microsoft USD $318,000 in damages. The $318,000 awarded against Dazhong Insurance is the largest amount of damages ever ordered by a Chinese court in a software piracy suit. This was Microsoft's first major anti-piracy lawsuit in China, where last November a court ruled that Microsoft had infringed on intellectual property of a Chinese company.
_____________
Tell your friends and colleagues you’ve read it in Migalhas International
_____________
Are pirate ransoms legal? Confusion over US order
Shipping companies with U.S. interests don't know if they are allowed to pay ransoms to Somali pirates anymore after Obama declared them an "extraordinary threat," even as pirates extended their reach farther than ever toward Asia, hijacking three Thai vessels. Pirate attacks have risen over the last year despite increased patrols by U.S. and European warships, in part because the multimillion dollar ransoms keep rising. The shipping industry has long seen ransom payments to retrieve hijacked vessels, cargos and crews as a cost of doing business. But after Obama last week issued an executive order on Somalia, shipping officials say it's no longer clear whether companies with U.S. interests can legally pay ransoms. The industry is worried because ransoms have been the only way to quickly and safely free hostages. "It's confusion, is the way you could sum it up," said David Osler. "Industry sources believe the executive order is worded poorly ... it's not immediately clear to everybody what is being said here." Obama's order outlaws anyone from supplying financing to any Somalis involved in military activities.
US prosecutors indict 11 suspected Somali pirates
US federal prosecutors have charged a group of 11 suspected Somali pirates in the US District Court for the Eastern District of Virginia, according to indictments unsealed Friday. The US District Attorney for the Eastern District of Virginia filed separate charges against two different groups of suspected pirates. Charges were filed against a group of six alleged pirates who were captured by the USS Nicholas in late March, and separate charges were filed against the other five who were captured by the USS Ashland earlier this month. The US government is prosecuting the suspects for conspiring to commit and committing various offenses, including piracy and attack with the intent to plunder a vessel, noting that "the primary purpose of the conspiracy was to make money by means of piracy on the high seas."
Researcher says law students need to learn to read like lawyers
Most law students are told they need to think like lawyers. But a Pennsylvania State University researcher says students also need to read like lawyers. The scientist and higher education professor, Dorothy Evensen studied law students’ reading strategies. She found that the better law students spent more of their reading time using strategies that involve setting expectations, asking themselves questions and connecting with the overall purpose of their reading. Students who had lower grades spent more time using strategies such as paraphrasing and rereading.
Vatican says US lawsuit against Pope 'without merit'
The Vatican says a lawsuit brought against Pope Benedict and two Church officials by a US man who says he was abused by a priest is "without merit". Vatican lawyer Jeffrey Lena said the lawsuit, filed in a Milwaukee court, "rehashes old theories already rejected by US courts". He said the lawsuit was "an attempt to use tragic events as a platform for a broader attack" on the Church.
Utah murderer chooses death by firing squad
A convicted murderer in the US state of Utah has chosen to be executed by firing squad. When given a choice between lethal injection or being shot, Ronnie Lee Gardner told the judge: "I would like the firing squad, please." Of the 35 US states that have the death penalty, Utah is the only one to give firing squads as an option. Critics say the method is a relic from the state's Wild West past and should be abolished. State legislators removed that choice in 2004 and made lethal injection the standard method - but inmates sentenced before then still have a choice.
SEC lawyer watched 8 hours of porn a day amid financial crisis
Allegations are out that senior staff, including a senior attorney in the SEC's Washington, D.C., office, spent hours surfing porn sites from their government computers. It's "disturbing that high-ranking officials within the SEC were spending more time looking at porn than taking action to help stave off the events that put our nation's economy on the brink of collapse. A memo reported on probes of 33 employees who looked at explicit images over the past five years. Most of the reported probes were during the last 2½ years, during the heart of the nation's financial crisis.
Spain rallies behind Franco judge
Marches are being held across Spain in support of a high-profile judge accused of overreaching his powers by launching an inquiry into the Franco regime. In 2008, Baltasar Garzon opened the probe - later shelved - into atrocities committed during the four-decade rule of General Francisco Franco. A magistrate has ruled that the judge had acted without jurisdiction, and he now faces the prospect of a trial.
Spammers pay others to answer security tests
Faced with stricter Internet security measures, some spammers have begun borrowing a page from corporate America's playbook: they are outsourcing. Sophisticated spammers are paying people in India, Bangladesh, China and other developing countries to tackle the simple tests known as captchas, which ask Web users to type in a string of semi obscured characters to prove they are human beings and not spam-generating robots.
Near deal on derivatives rules
Democrats took a step toward their goal of overhauling financial regulation, reaching a tentative deal to set restrictions on trading in exotic financial instruments known as derivatives. A key Senate committee had changed its proposed overhaul of derivatives regulation after lobbying by Mr. Buffett's Berkshire Hathaway Inc., potentially helping the famed investor avoid a financial hit. Among the considerations still in the balance: A big provision being sought by Warren Buffett in recent weeks.The provision, sought by Berkshire would largely exempt existing derivatives contracts from the proposed rules. Previously, the legislation could have allowed regulators to require that companies such as Nebraska-based Berkshire put aside large sums to cover potential losses. The change thus would aid Berkshire, which has a $63 billion derivatives portfolio, according to Barclays Capital. Buffett's push is especially notable because he has warned of the potential dangers of derivatives, famously branding them "financial weapons of mass destruction."
Scandal rocks Indian cricket league
Al Jazeera, Doha, Qatar
Hamas Broadcasts Israeli Soldier Cartoo
Asharq Al-Awsat, Pan-Arab daily, London, England
UN rights chief meets UAE ministers
Gulf News, Independent daily, Dubai, United Arab Emirates
Suicide bomber strikes U.K. ambassador convoy in Yemen
Haaretz, Liberal daily, Tel Aviv, Israel
MIDEAST: Hunger Strike by Palestinian Prisoners Cuts No Ice
IPS Middle East, International cooperative of journalists, Rome, Italy
UK ambassador escapes San'a explosion
JPost, Conservative, Jerusalem, Israel
Two killed in hot air balloon crash
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Dubai- Master plan for Nujoom Islands project unveiled
Middle East North African Network, Online financial portal, Amman, Jordan
Strong Quake Hits Taiwan
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Iran makes little headway in diplomatic offensive
The Daily Star, Independent daily, Beirut, Lebanon
Abbas invited to Washington
Times of Oman, English-language daily, Muscat, Oman
Suicide attack misses British ambassador
Yemen Observer, Sana'a, Republic of Yemen
In Brief - 1356
Yemen Times, (Independent weekly), Sana'a, Republic of Yemen
Tories target Labour heartlands
BBC News, Centrist newscaster, London, England
Lenihan: Pension issue is up to Geoghegan-Quinn
BreakingNews.ie, Online news portal, Cork, Ireland
3 million endure noisy neighbours
Daily Express, Conservative tabloid, London, England
Pope Benedict's British visit: Vatican fury at Britain's 'dark forces'
Daily Mail, Conservative daily, London, England
Carphone Warehouse FY profits ahead of expectations
DMeurope, Online news portal, Amsterdam, Netherlands
EURO ZONE: France, Germany push for tough line on Greece
France 24, Issy-les-Moulineaux, France
Istanbul's rendezvous with poetry
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Shop Preview: Reiss' High Summer 2010 Collection
Look Magazine, London, England
Election webchat: Jill Perry, Green Party
News & Star, Independent daily, Carlisle, England
The Rundown - April 26
Radio Free Europe, Prague, Czech Republic
British Ambassador Survives Bomb In Yemen
Sky News, Independent newscaster, Middlesex, England
'We're on a Slippery Slope': Will the Greek Bailout Destroy the Euro Zone?
Spiegel International, Liberal newsmagazine, Hamburg, Germany
Nick Clegg goes public on coalition and looks to Tories
The Guardian, Liberal daily, London, England
Chavez threatens to nationalise gold mines
The Independent, London, England
Bank of Ireland unveils proposal to raise capital
The Irish Times, Centrist daily, Dublin, Ireland
Chaika Says Traffic Cops Actively Extorting Drivers
The Moscow Times, Independent daily, Moscow, Russia
Minister of silly talks
The Sun, London, England
Susan Boyle could sing for the Pope
The Telegraph, London, England
Pope memo sent by 23-year-old Oxford graduate
The Telegraph, Conservative daily, London, England
IPL chief Lalit Modi suspended amid corruption claims
Times Online, Conservative daily, London, England
Foreign photographers take part in underwater photo competition
Antara News, News agency, Jakarta, Indonesia
Pact with China to benefit both sides: Ma
China Post, English-language daily, Taipei, Taiwan
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
Five killed in North Waziristan drone strike
Dawn, English-language daily, Karachi, Pakistan
Ex-Prime Minister of Kyrgyzstan refused to participate in presidential elections
Gazeta.kz, Official online newspaper, Kazakhstan
BIG Cinema acquires 188 screens in 27 US cities
Hindustan Times, New Delhi, India
Chirayu Amin replaces Modi as IPL chairman
India Express, News portal, Mumbai, India
Delhi: Girl found dead in her car
India Times, Conservative daily, New Delhi, India
Fujita beats Taniguchi in playoff
Japan Times, Independent centrist, Tokyo, Japan
Last Fokker 50 given an emotional send-off
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Strong quake hits Philippines
New Zealand Herald, Conservative daily, Auckland, New Zealand
Commander surrenders
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Over 93 percent of Cuban voters participate in local elections
People's Daily Online, English-language, Beijing, China
Emergency loans likely for Greece, official says
Sify News, Chennai, India
'Cosmeceutical' revolution
Sydney Morning Herald, Centrist daily, Sydney, Australia
China Shipping to buy dry-bulk ships
Taiwan News, English-language daily, Taipei, Taiwan
Ma, Tsai square off in ECFA debate
Taiwan Today, Government Information Office, Taipei, Taiwan
Fashion faux pas socks-and-sandals combo is now the hot new look
Thaindian News, Bangkok, Thailand
Pakistan wants Indian magistrates to testify
The Hindu, Left-leaning daily, Chennai, India
DESTROYER MAKES BAIL
Antigua Sun Online, Independent daily, St. John's, Antigua
Rescuers look for U.S. tornado victims
Canadian Broadcasting Centre, Toronto, Ontario
Teenager's body to be exhumed
Caribbean360, Online news portal, St. Michael, Barbados
Turtle Farm meat reduced
Cayman Net News, Online news portal, George Town, Cayman Islands
Dominican cyclist Leonardo Grullon killed by a truck
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
ARGENTINA: We're Drowning in Sadness"
IPS Latin America, International cooperative of journalists, Rome, Italy
Portia lights fire under spokesmen
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peru: Informal mining at Huascaran park must end, says Environment Minister
Living in Peru, News portal, Lima, Peru
At the forefront of the green movement
The Globe and Mail, Centrist daily, Toronto, Canada
McGuinty backs down on sex ed changes
Toronto Star, Toronto, Ontario
Penal entrant scores
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Sudan fighting 'leaves 55 dead'
BBC News, Centrist newscaster, London, England
South Kivu Governor Resigns
CongoPlanet.com, Independent online news aggregator
$520m for electricity in 2,200 communities
GhanaWeb, Online news portal, Amsterdam, Netherlands
Earthquake hits Taiwan
iafrica, Online news portal, Cape Town, South Africa
Nine die in fiery crash
Independent Online, News portal, Cape Town, South Africa
21 Ethiopians arrested in Yemen
Jimma Times, Online news portal, Jimma, Ethiopia
Kebede goes one better to win London Marathon
Mail & Guardian Online, Liberal, Johannesburg, South Africa
9 burn to death in taxi
News24.com, Online news portal, Cape Town, South Africa
'Nigeria's leadership has failed'
Vanguard, Independent daily, Lagos, Nigeria
__________
How are we doing?
We would like to hear from you how we perform. What you like and what we should change or add… Send us an email; we aim to please!
Tell your friends and associates…
to subscribe to Migalhas International! www.migalhas.com
Express yourself
Want to share your opinion, your experience, your questions? You are welcome to do so. This forum is yours. Please contact the editor: [email protected]
Events
We welcome information about your events or conferences to come. Please contact the editor.
Sponsors
Become a sponsor. Spread your name in the business and legal spheres around the world in Migalhas International.
Subscription
To subscribe: Register your name and your address at https://www.migalhas.com
To unsubscribe: Send your name and e-mail address to in the subject line. We will remove your name soonest.
Address changes: If you want to continue to receive Migalhas International, please make sure we have your current e-mail address.
Contact
Michael Ghilissen, editor: [email protected]
Miguel Matos, publisher: [email protected]
Please feel free to send your comments, questions and suggestions to the editor.
Your comments
We always welcome information, articles, testimonials, opinions and comments about something you’ve read in Migalhas International. Please forward your contributions to the editor.
Confidentiality
When you add your name to Migalhas International, you can be sure that it's confidential. We do not share, trade, rent or sell this list. Our "privacy policy" contains no fine print. No one gets our list. Period. Your e-mail address is safe with us.
Sharing Migalhas International
If you'd like to share this Migalhas International with friends and colleagues, feel free to forward this issue including the copyright notice. Or, invite them to subscribe so they receive their own Migalhas International every week.
Sources
The content of the Miglhas International newsletter is edited for purposes of news reporting, comments and education from several sources, including: The New York Times, The Wall Street Journal, The Boston Globe, The London Times, Le Monde, Frankfurter Allgemeine, The Financial Times, Radio Netherlands Worldwide, Google News, International Herald Tribune, Paper Chase (jurist.law.pitt.edu), The World Press Review: https://www.worldpress.org, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media, FindLaw.com, The National Law Journal, Reuters, Associated Press, Internet Business Law Services, Folha de Sao Paulo, O Estado do Sao Paulo, Lexis Nexis, West Law, CNN, The Globe and Mail, The Los Angeles Times, Wikipedia and more.
Fair use notice
This newsletter contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of legal, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this newsletter is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.
Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information contained on this list may or may not reflect the most current legal developments.
www.migalhas.com
Copyright 2010 - Migalhas International