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What's This In Reference To?

Many blawgers thrill when they hear the phone ring. New clients are the lifeblood of a small firm, and it all begins with a telephone call. But when you answer the phone and the caller's first words are, "I saw your blog and," what follows is often a trip into a fantasy world beyond your wildest expectations.

I thought of this after a chat yesterday with What About Clients? blawger Dan Hull, who told me about a call he received from a woman who explained that she was betrothed to the Prince of Dubai and was having a tiff with ...

Need an Employment Lawyer ?

The Standard Walter Cronkite

The passing of Walter Cronkite is a milestone in the lives of today's middle-aged men and women. He was the voice of news in a more naive age, when we believed what we were told. If Walter Cronkite said so, then it was true.

There are many excellent obits for this icon of news, and I have nothing to add worthy of another. Instead, I mourn the death of innocence in the news in a time when Cronkite would be the target of attack and ridicule. Whether denigratingly called the MSM or State Owned Media, as has lately come into fashion, ...

LegalMatch helps lawyers nationwide develop and market their practices.

Hate and Harm

The Senate passed the Matthew Shephard Hate Crimes Prevention Act, a sweeping extension of the 1968 hate crimes law that followed the assassination of Martin Luther King. From the AP via Talkleft:The legislation, backed by President Barack Obama, would extend federal protections granted under the 1968 hate crimes law to cover those physically attacked because of their gender, sexual orientation, gender identity or disability.

"This bill simply recognizes that there is a difference between assaulting someone to steal his money, or doing so because he is gay, or disabled, or Latino or Muslim," Senate Majority Leader Harry Reid ...

Need a Bankruptcy Lawyer ?

Jane, You Ignorant Slut

In a simpler time, many will remember Shana Alexander debating James J. Kilpatrick on 60 Minutes' "Point-Counterpoint." And for those who don't, there will always be Dan Aykroyd and Jane Curtin's Saturday Night Live homage, immortalizing the opening salvo, "Jane, you ignorant slut." This is, of course, the bar by which all debates have since been measured.

A new website has been developed to host debate on subject of interest in the blawgosphere called Public Square. It's mission is:PublicSquare.net is an independent, non-partisan webzine that aims to encourage stimulating debate on the political, legal, religious, and social issues of ...

Need a Divorce Lawyer ?

Serving Corporate Masters

During the discussion about the pending investigation of the actions of corporate officers and high level executives, my potential client informed me that the corporation would indemnify him for his legal fees. The alarm went off. While this is great for the client, who won't be required to foot the cost of what would be an expensive, drawn out matter, it puts the lawyer into an awkward and unpleasant situation: corporate cog.

Many corporations have the means of circumventing the normal corporate process when it comes to professional services rendered to its officers and executives. Some don't. The issues isn't who ...

Consultant Nation

Even though it was below the fold, it still made the front page of the New York Times. And even though it was about college admissions, the details were eerily familiar. The story opened with a fashion show about what kids should wear to their college admissions interview.?I burst out laughing,? she said.That quote was from a college admissions dean who was shown photographs of the outfits proposed. Yet independent consultants, a new-angled unregulated industry, charge big money, from $14,000 to $50,000.?When you say things like, ?We know the secrets of getting in,? it ...

?Lawsuit claims Apple, Mafia sent threats via iPod?

Anyone suing over anything dept.: a Florissant, Mo. man proceeding pro se (without a lawyer) “is suing Apple because he says two of the company’s iPods contained illegal receivers that allowed the Mafia to send him threatening messages, according to court documents obtained by CNET. … The alleged motive for the threats was that [...]

A Bum on a Stoop

Shem Walker was a good son. He would visit his mother, Lydia, every weekend and keep an eye on a property she owned in Clinton Hill, Brooklyn. When he came across a bum on the stoop, he told him to get lost. Then he was shot twice in the chest and died.

Sometimes, undercover officers dress like bums. Sometimes, they position themselves on private property, such as stoops, where they can have a comfortable seat with a good line of sight at their target. But never do they want someone bothering them in the middle of a buy and bust.

The official police response ...

U.K.: ?Even mathematicians run scared of our libel laws now?

According to Nick Cohen in the Observer/Guardian, some British mathematicians are afraid to publish critiques of “quant” models and techniques employed in the banking and financial worlds for fear of being taken to court under the country’s famously pro-plaintiff defamation laws. More on the Singh case (critic sued by chiropractic association) here and here. Tags: banks, [...]

?Hearing-impaired football fan sues Ohio State?

“A hearing-impaired Ohio State University football fan has sued the school, arguing that the university should offer captioning on the scoreboard and stadium televisions because he can’t hear the announcers.” [Akron Beacon-Journal] Tags: disabled rights, Ohio, sports Related posts Suspended NFL players file disabled-rights claims (0) September 11 roundup (4) Security guard who slept on job loses lawsuit (3) Obesity-as-disability and [...]

CIBC teller to appeal overtime ruling

A $600-million national class-action overtime lawsuit against the Canadian Imperial Bank of Commerce by one of its tellers won't go away.

Dara Fresco and her legal team have announced that she will appeal to the Ontario Divisional Court a recent ruling that refused to certify her case as a class-action lawsuit.

Ontario Superior Court Justice Joan Lax held last month that the overtime issues in dispute were individual in nature for each plaintiff and case and lacked common issues to be tried in a class action. Therefore, she ruled, it was not "a proper case for certification and that a class proceeding is not the preferable procedure for resolving the claims of class members for unpaid overtime."

In a statement announcing the appeal, Ms. Fresco said, ?my experience from working in a dozen branches of the CIBC is that unpaid overtime is a regular occurrence at the branches. Hundreds of CIBC employees from across the country have contacted me and my lawyers and confirmed that it is their experience as well."

?If affected employees at CIBC and elsewhere are to have a meaningful way to address these issues, I believe that the appeal court needs to understand the nature of the work environments and the position of the employees, and needs to certify this case as a class action.?

Louis Sokolov, a labour lawyer at Sack Goldblatt Mitchell who is part of her legal team, said in an interview they will argue "this is a case that meets the test for certification and there are clearly common issues that would advance the case."

He said there is an "important underlying public policy argument that we will make before the court and that is without the means of a class action to further the employees' rights to be paid for all their overtime, it simply isn't going to happen."

Rob McLeod, a spokesman for CIBC, said the appeal was expected. "CIBC has a clear overtime policy that is easily accessible to employees and exceeds legislative requirements in Canada. Under our policy, where overtime is requested or required of eligible employees, they are compensated either with pay or in lieu time," he said.

He added that CIBC has a process to resolve employees' concerns about overtime, which includes escalating complaints to senior management.

"Our court filings showed our employees are aware of our overtime policy, that they are paid for overtime and that they appreciate the flexible work environment at CIBC."

Ms. Fresco?s lawyers will file material supporting the appeal by the end of August and CIBC will have 60 days to respond.

Jim Middlemiss

District court judge says we watch o'er the Ramparts et al. no longer

On Friday, U.S. District Court Judge Gary Feess lifted the controversial consent decree that for more than eight years had guided an independent monitor overseeing sweeping reforms of the Los Angeles Police Department. The consent decree resulted from the LAPD's...

A word for Hosting Matters

No, we haven’t begun accepting advertising, but we figured we’d put in a good word for Hosting Matters, whose hosting services we’ve been using for years and whose support staff over that time have helped extricate us from more than one baffling technical impasse arising from software oddities, DOS attacks and so forth. If you [...]

Haven can sue HHS over Medicare cap

A federal judge has tentatively ruled that Los Angeles Haven Hospice Inc. has standing to sue the U.S. Department of Health & Human Services over the validity of a regulation that governs how much a provider may receive in Medicare...

Korea Law Center established by UC Irvine

UC Irvine School of Law has established a Korea Law Center to promote practical solutions to problems arising at the intersection of U.S. and Korean law. The center, part of a new, multi-continent UC Irvine International Commerce & Law Institute,...

Fiscal crisis may yield Chapter 9 work for firms

Despite the dire financial outlook for California's cities, most lawyers don't expect the economic downturn to let loose a flood of municipal bankruptcies. But many are preparing for an uptick in Chapter 9-related work. For instance, while Pacific Grove is...

The civil litigation death penalty

There’s an old legal joke that goes: “If you’re weak on the facts, pound the law. If you’re weak on the law, pound the facts. If you’re weak on both the facts and the law, pound the table.” Except the entrepreneurial trial bar has found an intermediate step: instead of pounding the table, pound the discovery [...]

July 21 roundup

“Plaintiffs’ Attorneys to Get $800,000 in Preliminary Settlement, Class Members Receive Zero” [Calif. Civil Justice covering Bluetooth settlement in which Ted was objector; earlier here and here] “Lawyer Jailed for Contempt Is Freed After 14 Years” [Lowering the Bar, earlier] Money makes the signals go ’round: another probe of red-light cameras yields few surprises [Chicago Tribune, Chicago [...]

Racism or the American Experience? (Update)

When the feces began to rain down on the Cambridge Police Department, and particularly on the head of Sgt. James Crowley, it was unclear what it all meant. The details in the Boston Globe's report were fuzzy, making it uncertain whether an officer was simply doing his best to make sure that a house wasn't being robbed, a man over-reacted, a black man believed himself to be unfairly targeted and lost his cool.

The police report offered a clear version of an officer just trying to protect and serve. Police reports always provide a clear version.

But since the ...

Project Will Rate Muslim Countries On Adherence To Shariah

UAE's The National today reports on the Cordoba Initiative. Led by New York-based Imam Feisal Abdul Rauf, its goal is to create a "Shariah Index" that will rate majority-Muslim countries on how closely they adhere to the principles of Islam. Rauf says: "What are the principles that make a state Islamic? We can say among them is justice, protection of religion and minorities and elimination of poverty, and so on." Among those funding the project, designed to improve relations between Muslim countries and the West, is the Malaysian government.

Opponents of Hate Crimes Bill Add Amendments That Make It More Contentious

Yesterday the U.S. Senate passed four amendments to the Matthew Shepard Hate Crimes Enforcement Act that it adopted last week as part of the Defense Authorization Act. (See prior posting). Three of the amendments (full text) were introduced by Sen. Jeff Sessions and, according to the Advocate, are seen by the Human Rights Campaign as "poison pills" designed to defeat the entire hate crimes bill. The Hill also reports on the amendments which were described by HRC Back Story as follows: The first Sessions Amendment would allow the death penalty to be applied in hate crimes cases under some circumstances. This Amendment is unnecessary and is a poison pill designed to kill the bill. The Amendment is being offered by and supported by Senators who oppose the Matthew Shepard Act. It?s ironic that the very Senators who have falsely argued that this bill would put clergy in jail because of their beliefs think that those same clergy should be subject to the death penalty.

The second Sessions Amendment would place an additional burden on the Justice Department to revise its long established guidelines for hate crimes cases. This Amendment is unnecessary. The Department already contains well-established, clear and precise guidelines to govern cases involving bias-motivated violence that work well.

Finally, the third Sessions Amendment would provide additional penalties for crimes involving service members or their families. This Amendment is unnecessary. Existing statutes already provide special penalties on attacks against members of the Armed Services and veterans. In addition, the vague language of the Amendment is problematic. The Amendment provides for additional penalties for injuring the property of a serviceman or immediate family member. The scope of "family member" or what constitutes an "injury" to their property is unclear.In response to the addition of the death penalty language, the Senate then passed a Democratic-sponsored amendment that would limit hate crime prosecutions until a state's attorney general has created standards for applying capital punishment. The death penalty amendment, offered by Sen. Sessions, was approved by unanimous consent despite a letter (full text) from 50 civil rights and religious groups opposing the amendment.

Meanwhile, according to yesterday's Washington Blade, the ACLU has issued a statement pressing for the House, rather than the Senate, version of the hate crimes bill. The House bill, H.R. 1913, was passed by the House in April. (See prior posting.) Concerned about freedom of speech and association, the ACLU favors language in the House bill that prohibits introducing substantive evidence of expression or association at trial unless it specifically relates to the offense charged. The House language though would not change evidentiary rules on the impeachment of witnesses. Chris Anders, ACLU senior legislative counsel, said that "an otherwise unremarkable violent crime" should not become a federal offense because the defendant viewed the wrong web site, belonged to a group espousing bigotry or subscribed to a magazine that promotes discriminatory views.

A Lesser Evil

Which is worse, a man's sexual attack of a woman, or drunk driving? These "clash of the titans" cases create a dilemma for advocates, all of whom promote their most hated offense as the worst thing that could ever happen. Fortunately for 48 year old Donna Powell, the attack trumped drunk driving, resulting in her acquittal.

From Newsday:Powell, who admitted driving last October with more than twice the legal limit of alcohol in her system, said she was forced to get behind the wheel drunk after a man she had left a bar with took her to a remote area ...

Tony Merchant: will SCC grant leave on misconduct appeal?

Tony Merchant of Merchant Law Group will find out on Thursday morning whether the Supreme Court of Canada will hear his appeal challenging two findings of misconduct against him. In March, the Saskatchewan Court of Appeal upheld the Law Society of Saskatchewan's findings that Merchant was guilty on two counts of conduct unbecoming a barrister and solicitor. The Law Society imposed a reprimand and a fine of $2500 on one count of marketing services in a manner reasonably capable of misleading the public, and a two-week suspension on a count of unauthorized withdrawal of trust funds. Merchant was also ordered to pay the Law Society's costs of $60,000, but the Court of Appeal ordered a reassessment.

Julius Melnitzer

Big pharma wins large over generics

Justice Leonard Mandamin of the Federal Court has upheld federal regulations protecting data submitted by innovators for obtaining regulatory approval. The Data Protection Regulations, made under the Canada Food and Drug Act, provide up to 8.5 years protection, during which time no competing manufacturer can compare its product to the innovative product to obtain its own approval. This prohibits competitors from relying on clinical trials and other data submitted by innovators.

The Canadian Generic Pharmaceutical Association (CGPA) and Apotex Inc. sought a declaration of unconstitutionality. Canada's Research-based Pharmaceutical Companies (CRPA) and Eli Lilly Canada Inc. were granted intervener status.

Mandamin ruled that the regulations were intra vires, falling under the federal trade and commerce power. Gowlings Lafleur Henderson's Adrienne Blanchard has a good analysis of the case online.

Edward Hore of Hazzard & Hore was lead counsel for the CGPA; Harry Radomski of Goodmans represented Apotex; Fred Woyiwada represented the federal government; Gowlings' Martin Mason and Graham Ragan represented the CRPA, while their colleagues Rick Dearden and Wendy Wagner were on for Eli Lilly.

Julius Melnitzer

Protests Continue Over LDS Regulation Of Plaza In Salt Lake City

The Salt Lake Tribune this month has carried a series of articles (1, 2, 3) on the latest controversy over how the LDS Church administers Main Street Plaza, an area in downtown Salt Lake City that the Church purchased from the city in transactions beginning in 1999. Originally the city kept an easement, but after controversies over LDS regulation of expression on the Plaza, the city's right of way was sold to the Church. (Background.) The latest incident (full text of police report) arose in early July when LDS security guards asked a gay couple to stop their inappropriate behavior after the couple kissed. An argument ensued, and eventually the couple was cited for trespassing by the Salt Lake Police Department. This past Sunday, some 200 couples staged a "kiss-in" on Church property to protest the treatment of the gay couple. This was the second such protest. America Forever, an anti-gay group, was there with counter protest signs, and some 20 minutes of shouting between the groups ensued.

Today, I Wear Short Shorts

Becky was indeed a bit off the deep end at times, but she was incredibly irreverent, bold and, more often than not, right. Becky had a blog called Just a Girl in Short Shorts Talking About Whatever. When you click the link, you will be taken to a page that warns of objectionable content. It's dangerous content indeed, and clearly objectionable to the enemies of ideas.

Becky describes herself as:Mom, recovering attorney, post-modern neo-feminist, disrespectful dyke, unlikely punk, nice Catholic girl, passionate freedom-loving libertarian, thinking conservative, sappy romantic, spiritual redneck, softball enthusiast, shopaholic and unrepentant flirt.Don't let that ...

Senate Passes Resolution Condemning Anti-Semitism

Yesterday the U.S. Senate passed by unanimous consent S. Con. Res. 11 condemning all forms of anti-Semitism and reaffirming the support of Congress for the Special Envoy to Monitor and Combat Anti-Semitism. The Resolution now goes to the House of Representatives. The resolution, among other things "rejects attempts to rationalize anti-Jewish hatred or attacks as a justifiable expression of disaffection or frustration over political events in the Middle East or elsewhere."

Laotian Village Chief Tells Christian Families To Renounce Their Beliefs

The Christian Post yesterday reported on an incident in a small village in Laos that has been publicized internationally by Human Rights Watch for Lao Religious Freedom. According to the report: The chief of Katin village, along with village security, social and religious affairs officials, warned all 53 Christian residents that they should revert to worshiping local spirits in accordance with Lao tradition or risk losing all village rights and privileges ? including their livestock and homes... The previous Sunday (July 5), officials and residents confiscated one pig each from nine Christian families and slaughtered the animals in an effort to force them to renounce their faith....The article chronicles a long history in this particular village of actions against Christian families living there.

France lower house postpones vote on amended Internet piracy bill

[JURIST] The French National Assembly voted Tuesday to delay a vote on a new version of a controversial Internet piracy law, past its original July 24 date. The French Senate approved the law earlier this month after portions of its original version were rejected in June by France's Constitutional Council. The original law subjected violators of copyright laws to suspension of Internet access at the discretion of a newly-created administrative authority bestowed with judicial power. The new law would leave discretion to suspend services to a judge, since the Constitutional Council ruled that the power to restrict the fundamental right of accessing the Internet should not be entrusted to an administrative authority. The determination to suspend access would be made on an infringer's third violation, after previously receiving two warnings. An Assembly vote on the measure is now likely in September. The bill, introduced by Cultural Minister Christine Albanel and supported by President Nicholas Sarkozy, is aimed at reducing illegal downloads of protected works by proposing an escalating series of responses for users that are caught. The original version of the law was challenged by the Socialist party on the grounds that it failed to find a balance between the rights of Internet users and those of copyright holders. In May, the original bill was approved by the National Assembly after initially defeating it in April. The International Federation of the Phonographic Industry, representing the worldwide recording industry, has welcomed the legislation, although it has been opposed by French consumer interest group UFC-Que Choisir as well as cable and Internet providers.

Universal restaurant calorie labeling?

Way to destroy one-of-a-kind eateries [Conor Friedersdorf at Daily Dish] Related: ABA Journal, Nick Gillespie/Reason “Hit and Run”. Tags: obesity, restaurants, small business Related posts California trans fats: Terminator Nanny (9) “David Kessler Goes Dumpster Diving (and Emerges With Garbage)” (1) Welcome Orlando Sentinel readers (4) Virginia Cracks Down on Scourge of People Enjoying Things (7) Update: Virginia beer-sicles (7)

?Proceed at your peril? of ?immense monetary damages?

And while you’re at it, don’t you dare post this nastygram either [Don Bauder, San Diego Reader and Jon Katz, KatzJustice via Greenfield; earlier on Hollywood lawyer Martin Singer of Lavely & Singer] More: Moshirnia, Citizen Media Law. Tags: libel slander and defamation, nastygrams Related posts Nastygram in Luskin’s inbox (0) More weblogs threatened with lawsuits (1) Lavely & [...]

DC Circuit orders SEC to review indexed annuities rule

[JURIST] The US Court of Appeals for the District of Columbia Circuit on Tuesday remanded for reconsideration a Securities and Exchange Commission (SEC) rule stating that fixed indexed annuities (FIAs) are not annuity contracts within the meaning of the Securities Act of 1933. The court granted the petition for review based on the argument that the SEC failed to properly consider the effect of the rule upon efficiency, competition, and capital formation. The court explained: It is obvious that the SEC believes imposing a federal framework on FIAs would be superior to the existing patchwork of state insurance laws. Indeed, after a more thorough review of the existing state law regime, the Commission may decide ultimately that will promote competition, efficiency, and capital formation. Nevertheless, the Commission must either complete an analysis sufficient to satisfy its obligations ... or explain why that section does not govern this rulemaking.Last week, Chicago Board Options Exchange William Brodsky appeared before the US House of Representatives Committee on Financial Services to call for the merger of the SEC and the Commodity Futures Trading Commission (CFTC). The Obama administration has proposed financial regulatory reforms, and Brodsky agreed with its recommendation that a single authority should be assigned to supervise firms that potentially pose a risk to financial stability. He asserted that failing to modernize the current regulatory system has resulted in unregulated gaps, market congestion, and a lack of regulatory perspective. Last year, then-Treasury Secretary Henry Paulson Jr. unveiled a plan to merge the SEC and CFTC to overhaul the nation's financial regulatory system. Earlier this month, SEC Chairwoman Mary Schapiro testified before the House Subcommittee on Capital Markets, Insurance and Government-Sponsored Enterprises that partly due to the troubled economy, the commission is engaging in more vigorous enforcement of its rules and policies.

Securities Act: confidentiality provisions unconstitutional

The British Columbia Court of Appeal has ruled that blanket restrictions on communication found in the province's Securities Act are a "blunt instrument" that violate the right to free expression. The impugned provisions restricted witnesses from discussing their testimony with others for a time after providing it to the regulator. Most provinces have similar provisions, and this decision certainly makes them susceptible to attack.

The ruling in Shapray v. British Columbia focused on the "blanket" nature of the provisions, which made them much broader than the flexible publication bans found in other judicial proceedings that better balanced the integrity of the process with the public's interest in access.

Nigel Campbell and Sean Boyle of Blake, Cassels & Graydon review the decision online.

Julius Melnitzer

Harry Potter's pot?

It had to happen sooner or later. The Guardian reports that Jamie Waylett, who plays Vincent Crabbe in the Harry Potter films has been convicted of growing pot at his mother's home. The court ordered the actor to to undertake 120 hours of community service.

His defence that it was Harry's pot, did not succeed. Nor did his contention that it was "magic" pot.

Mitch Kowalski

The federal government has announced national consultations on copyright modernization, potentially delaying reform legislation again. The consultations will run until September 13, 2009 and will include round tables of experts and webcast town hall meetings.

The government's latest stab at reform legislation was tabled in June. The key features of the amendments to the Copyright Act included:

Prohibiting the circumvention of technological measures (digital locks) designed to prevent copying even when the original is acquired legally (in other words, it becomes illegal to ?unlock? a DVD or cell phone)

Maximum fines of approximately US $1 million and/or jail time of up to five years for distributing circumventing software

Maximum fines of $25,000 and the possibility of some jail time for circumvention that amounts to copyright infringement

Maximum damages of $500 per work where an infringement is for non-commercial, private use (as where individuals download music from peer-to-peer file sharing services); however, it?s not clear whether these reduced damages will apply if the infringement occurred by circumventing a technological measure

Recording by means of personal video recorders is allowed if the program is viewed only once and is kept ?no longer than necessary in order to listen or to watch the program at a more convenient time.? This would prohibit maintaining a personal library of favorite shows even if maintained strictly for private use;

Protecting Internet service providers from liability for copyright infringement by others using their networks.

All this prompted considerable hue and cry, sufficiently intense, it seems, to warrant consultation. Or maybe the Tories have finally figured out that this is an important issue that affects a lot of Canadians.

Julius Melnitzer

But apparently the outcry from all sides has had its effect.

Sotomayor committee vote delayed a week by Senate Republicans

[JURIST] The US Senate Judiciary Committee on Tuesday delayed a vote on the confirmation of Supreme Court nominee Sonia Sotomayor at the request of Senate Republicans. The vote on whether to send the nomination for consideration by the full Senate is now scheduled for July 28. Committee chairman Patrick Leahy (D-VT) said that he was "disappointed" by the delay, but that he remained confident Sotomayor would be confirmed and seated by the time the Court reconvenes for a special argument session on September 9. Also this week, Sotomayor returned responses to written questions from several Republican senators. Four Republican senators have declared their support for Sotomayor, and she is likely to be supported by all Senate Democrats. Sotomayor faced questions from senators during last week's confirmation hearings. Earlier this month, the American Bar Association Standing Committee on the Federal Judiciary gave Sotomayor a unanimous "well-qualified" rating. In May, Obama praised Sotomayor's experience and wisdom, rebuking Republicans who would oppose her confirmation. Obama warned against partisanship in the confirmation process, saying that he hoped Congress would "avoid the political posturing and ideological brinksmanship" that marked past confirmation hearings. Obama nominated Sotomayor in May to replace retiring Justice David Souter.

Former Broadcom CFO wants "ethical misconduct" finding sustained against I&M

The former chief financial officer of Broadcom Corp. has urged the U.S. Court of Appeals for the 9th Circuit to sustain a lower court that blasted Los Angeles-based Irell & Manella for "ethical misconduct" in a criminal backdating case. In...

Lawsuit alleges shelters' routine refusal of homeless with service dogs

The Southern California Housing Rights Center and the Disability Rights Legal Center have filed a lawsuit against the Los Angeles Homeless Services Authority over what they say are discriminatory practices toward homeless people who rely on service dogs. According to...

Governor gives seal of approval to stay seal removal

Gov. Arnold Schwarzenegger has signed a bill that may allow federally protected harbor seals to stay in the Children's Pool at La Jolla beach, despite a judge's earlier order to begin chasing them away. Earlier Monday, a San Diego Superior...

Former SEC trial attorney joins Greenberg Traurig

Michael Piazza, a former Regional Trial Counsel for the Los Angeles office of the United States Securities and Exchange Commission, has joined Greenberg Traurig's securities litigation practice group as head of the Orange County office's practice. Piazza moves to Greenberg...

Iran implements controversial Internet data retention law

[JURIST] Iranian President Mahmoud Ahmadinejad has implemented a law requiring the country's Internet service providers to retain records of users' incoming and outgoing data for at least three months, according to a Monday report by the state-run PressTV news agency. The government said the law is designed to help catch those who illegally steal others' personal information from the Internet, and that the data would only be monitored under court order or in the interest of national security. Critics argue that the law will enable the government to monitor and censor the internet use of reporters and political dissidents, whose blogging and use of social networking websites have thus far been able to evade press restrictions. Iran has been experiencing political unrest since Ahmadenijad won the country's disputed June 12 election. Earlier this month, Human Rights Watch reported that some arrested protesters were beaten, deprived of sleep and threatened with torture in an effort to force false confessions. Also this month, opposition leaders called for the release of those detained for their alleged involvement in the protests. Human rights groups have viewed the arrests as political repression, saying that Iranian forces are using the protests to "engage in what appears to be a major purge of reform-oriented individuals."

Teacher who allegedly branded cross onto student?s arm?

…now suing the Mount Vernon, Ohio school district, claiming that he’s the target of religious discrimination. [Popehat, Mount Vernon News with complaint in PDF; coverage of the cross incident last year at Courthouse News; commentary critical of teacher at Panda's Thumb, supportive at WorldMag] Tags: religious discrimination, teacher tenure Related posts Preggers, with tenure? (3) Update: U. of Utah [...]

Blake, Cassels & Graydon comes through on Suncor deal

When I wrote in May that the Suncor Energy Inc.-Petro-Canada deal had hit a slight snag in the form of a supplementary request for information order from Canada's competition regulator ? the first under country's new mergers and acquisition rules ? Blake, Cassels & Graydon competition lawyer Cal Goldman said it was no big deal.

He told the Post that the order was "completely expected. We're in regular contact with the competition bureau merger branch. We don't anticipate any difficulty complying."

In fact, he went out on a limb and said he expected Canada's Competition Bureau would approve the deal sometime in July. That brought a flurry of phone calls and emails from U.S. hedge funds, which indignantly insisted the Post must have got it wrong and Goldman couldn't do it in time and that August and September was more likely.

Today comes news from the Bureau that it has approved the deal effective Aug. 1, subject to an agreement by the companies to sell 104 retail gas stations in southern Ontario and to sell storage and distribution network capacity in the Greater Toronto Area over the next 10 years.

The moral of the story? Don't bet against Cal Goldman and the competition team at Blake, Cassels. Even if it is the first time a company has received a supplementary request for information under the M&A regime

Better cover those shorts. Oops. Too late now.

Jim Middlemiss

Suncor-Petro-Canada deal tests new M&A rules

It has been a tough four months for Terrence Hopwood, senior vice-president and General Counsel at Suncor Energy Inc.
Mr. Hopwood has just gone through the grueling experience of being one of the first general counsel at a company in Canada to undergo a supplementary request for information order from Canada?s Competition Bureau over his company?s attempt to merge with Petro-Canada, a deal that the bureau approved earlier today after the oil and gas giants agreed to sell some southern Ontario gas stations and dump storage facilities in the Greater Toronto Area.
The merger was announced a few scant weeks after Canada unexpectedly changed its rules governing mergers and acquisitions, introducing a U.S.-style system, where the bureau has 30 days to approve a merger or request more information, which resets the approval clock.
Under that scenario, the onus then falls on the company to provide additional information to justify its proposed deal, at which point the 30-day clock starts ticking again, subject to additional requests.
Critics have said that the U.S. system doesn?t work and has resulted in companies having to provide the competition regulator there with truckloads of useless information, which has driven up the costs of M&As. Lawyers here fear the same thing will happen, though Melanie Aitken, interim commissioner of competition, down plays those concerns by suggesting a supplementary request would be used only a handful of times in a year.
However, in the first real test of the new rules, the bureau was quick off the mark with such an order over concerns about competition in the retail gas industry.
So how was the experience? Mr. Hopwood said he would be diplomatic in his response given that the deal was still working its way through the system.
?I would say honestly it was an extremely extensive review and it wasn?t inexpensive either.? He said the two companies and their legal counsel had 40 or so people working 12 to 15 hours a day ?for a very lengthy period? to satisfy competition regulator concerns. ?It involved reviewing hundreds of thousands of documents. Our primary objective was to complete matters as quickly as possible.?
He said ?everybody is feeling like a well-earned rest is in order.? However, he said, ?the real work lies ahead come Aug. 1st when we get an opportunity to implement the integration plans.?
While the bureau and the companies arrived at a consent agreement that will see the sale of 104 gas stations and some storage facilities, it sounds like the $43-billion deal had its share of heated moments. Mr. Hopwood noted the divestment of stations is ?what it took to avoid the potential for litigation.?
For her part, Ms. Aitken touted the bureau?s efforts in a statement saying the consent agreement addressed concerns that the merger would lessen competition substantially, and lead to increased gasoline prices.
?We believe that we have secured a very positive outcome for consumers,? said Ms. Aitken. ?Requiring the companies to sell retail outlets will lead to increased competition by independent retailers who can expand their market presence. In addition, the parties? commitment to sell terminal space in the Greater Toronto Area is important to promoting a competitive dynamic in that market.?
Maybe so, but the jury is still out on the cost that the second-request system imposes on M&As here in Canada and whether it will be abused by the regulator. Though in fairness to the bureau, it managed to close this transaction in four months, which is a reasonable time for a complex deal of this nature.
Nonetheless, noted competition litigator Neil Finkelstein thinks it?s only a matter of time before someone will challenge the bureau?s new powers and take them on over a supplementary request.
The questions that remain are who and when?
Jim Middlemiss

House committee delays consumer financial protection agency legislation

[JURIST] The US House Financial Services Committee on Tuesday delayed action on legislation that would create a consumer financial protection agency, slowing progress on a key Obama administration project. The delay was granted at the behest of financial industry leaders, who on Monday sent a letter to the ranking members of the committee requesting a more measured approach to deliberations. The agency, proposed by the Obama administration last month and put forth by Representative Barney Frank (D-MA), would assume significant oversight of the financial industry from the Federal Reserve, Federal Deposit Insurance Corporation, and Comptroller of Currency. With the delay, the bill will not be the focus of House action until after the August recess. Greater protection for consumers and regulation of the financial industry has been a priority of the Obama administration in the wake of the economic crisis of the past 16 months. In March, US Treasury Secretary Timothy Geithner indicated that the Department of the Treasury would propose stronger rules in response to the current economic crisis, and called for both the Reserve and Treasury to be given broader powers. In February, Geithner had emphasized increasing restrictions on financial institutions receiving government assistance.

Rights group claims DR Congo conflict prolonged by corporations

[JURIST] International corporations that purchase minerals from the Democratic Republic of Congo are responsible for prolonging the conflict in the African country, according to a report issued Tuesday by human rights group Global Witness. The report was critical of several specific corporations, including Amalgamated Metal Corporation, Afrimex, and Traxys, for "turning a blind-eye" to the source of minerals they purchase and then sell to manufacturers. In the war-torn country, the Congolese military and numerous militia groups control mines responsible for production of gold and wolframite, and the report alleges that the unregulated market brings significant profit to these groups, fueling the conflict. The report concluded that despite some promising developments, there is still much work to be done to end the conflict, and that ending the conflict will not be easy: The stakes are high, and those benefiting from the illicit exploitation of resources will not be willing to give up these riches easily. As evidence by patterns of the last 12 years, it is in the interests of all sides in the conflict, as well as unscrupulous businessmen, to prolong the anarchy, as it delivers financial benefits without accountability.The current conflict in the DR Congo has been one of the most deadly in the world, claiming an estimated 45,000 lives per month. While international corporations are still the focus of human rights groups, the international criminal community has taken a greater interest in prosecuting perpetrators of atrocities in the Congo. Earlier this month, prosecutors at the International Criminal Court (ICC) concluded their case in the trial of ex-Congolese militia leader Thomas Lubanga Dyilo. Lubanga is on trial for war crimes, including recruiting children to join the army. The ICC also recently ordered rebel leader Jean Pierre Bemba to stand trial for atrocities committed during the decade-long conflict.

Lithuania not increasing Holocaust restitution: justice minister

[JURIST] Lithuanian Justice Minister Remigijus Simasius said Tuesday that the country does not plan to increase the amount of restitution it will pay to Jewish Holocaust survivors in the country, according to the Associated Press. The ministry has recommended that approximately $53 million be paid to the country's 5,000 remaining Jews as restitution for property seized by the Nazis during WWII, but Jewish groups have argued that the amount is too small. Simasius said that it would be impossible to restore all property rights lost by the community, but World Jewish Restitution Organization President Ronald Lauder said that the government had arbitrarily ignored many of the properties that his organization had identified as having been taken. The government's plan must be approved by the Lithuanian Parliament later this year, and would provide for restitution payments beginning in 2012. Other European countries have also recently addressed Holocaust restitution. In March 2008, a Belgian government commission found that Holocaust survivors, victims' families, and the general Belgian Jewish community should receive $170 million to compensate for the money and goods they lost during World War II. In 2007, the commission found that the Belgian government had been complicit in Nazi persecution of the Jewish population during the Holocaust, and the country's courts failed to hold Belgian authorities accountable for persecuting and deporting Jews after WWII.

If You're Really, Really Desperate, Meet Law Guru

In the course of trying to get some background information on a local lawyer I'd never heard of recently, I stumbled on a website called Law Guru. I hated it from the outset because of the name, but that's just me and is no reason for anyone else to think ill of it. An email sent out by Law Guru, on the other hand, provides a really good reason.Dear Member Attorneys:

It has always been our mission to improve and increase the public's access to affordable and reliable legal information and resources. In early February we wrote that we ...

Pentagon media program did not violate propaganda rules: report

[JURIST] The US Government Accountability Office (GAO) concluded Tuesday that the US Department of Defense (DOD) did not violate prohibitions on propaganda by having retired military officers (RMOs) offer public support to the Bush administration's war policies. The GAO found that the DOD was not in violation of Pub L No 110-417, &sect 1056(c), which provides that "o part of any funds authorized to be appropriated in this or any other Act shall be used by the Department of Defense for publicity or propaganda purposes within the United States not otherwise specifically authorized by law," when it had RMOs make media appearances as part of its "Public Affairs Outreach Program." The officers met repeatedly with Pentagon officials and even toured the military prison at Guantanamo Bay before making appearances on various television news programs. In its opinion, the GAO found: Clearly, DOD attempted to favorably influence public opinion with respect to the Administration's war policies in Iraq and Afghanistan through the RMOs. However, as we discuss below, and based on the record before us in this case, we conclude that DOD's public affairs outreach program to RMOs did not violate the prohibition. We found no evidence that DOD attempted to conceal from the public its outreach to RMOs or its role in providing RMOs with information, materials, access to department officials, travel, and luncheons. Moreover, we found no evidence that DOD contracted with or paid RMOs for positive commentary or analysis. Consequently, DOD's public affairs activities involving RMOs, in our opinion, did not violate the publicity or propaganda prohibition.The DOD's inspector general issued a report with a similar finding in January, but that report was withdrawn in May due to data inaccuracies.In 2006, the DOD inspector general concluded that the US military's use of a propaganda program in Iraq was legal. While the program involved planting and paying for favorable news about US operations in Iraqi newspapers, the report concluded that no laws or regulations on psychological operations were broken. In 2005, the inspector general concluded that websites like the Southeast European Times, operated by the US military that pay journalists to write articles and commentary supporting military activities, are legal and do not infringe laws or government policies. The investigation determined that two websites aimed at audiences in the Balkans and the Maghreb region of northern Africa are not covert propaganda and are properly identified as US government products, although the identifications are not prominent.

Ohio conducts 1,000th US lethal injection since death penalty reinstatement

[JURIST] Convicted murderer Marvallous Keene on Tuesday became the 1000th person to be executed by lethal injection in the US since the death penalty was reinstated in the 1976 case of Gregg v. Georgia. In 1993, Keene was found guilty of five counts of murder based on his participation in a series of six killings committed over three days the previous December. The Ohio Adult Parole Authority unanimously recommended against clemency late last month and Ohio Governor Ted Strickland denied Keene clemency last week. Keene refused to speak with the parole board and instructed his appointed public defenders not to present any arguments on his behalf. Last month, Ohio first used its new lethal injection method, called "set-to-die." The procedure requires officials to shake and call out to the prisoner after a sedative has been administered, and a second dose can then be given, if necessary. A de facto national moratorium on the death penalty ended last year when the US Supreme Court ruled in Baze v. Rees that the three-drug lethal injection sequence used in most states does not violate the Constitution.

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