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California emissions law could still face hurdles
Environmental | 2007/04/03 13:32

Despite winning the Supreme Court's support for its efforts to cut emissions, California, a front runner in regulating greenhouse gases, still faces hurdles, the Los Angeles Times reported on Tuesday. The U.S. Environmental Protection Agency (EPA) and automakers would pose challenges to the state before it implemented its landmark law slashing greenhouse gas emissions from car exhaust, the paper noted.

The automakers argue in several pending cases that state regulation of greenhouse gases is illegal, because it amounts to regulating the fuel efficiency of cars, which only the EPA can do.

The Supreme Court ruled on Monday that greenhouse gases can be regulated as air pollutants. For the EPA to regulate, it must first determine that science shows global warming is harmful to human health and welfare.

But even if the EPA decides greenhouse gases should be regulated to protect public health, the agency could still deny California's long-delayed request to implement its own law by saying that the problem is global and not unique to the state, the paper quoted Harvard University environmental law professor Jody Freeman as saying.

"Even if California prevails, Congress could end up passing weaker national legislation that would supersede the state's," the paper said.

"I think it's a very tough call right now," said Freeman. "I don't think the chances are great, because I think there's reason to believe Congress will act before EPA."

To get a waiver, California must show compelling and extraordinary conditions, Freeman said.

"California is special. It's the only state in the country that can set tailpipe standards separate from federal standards," she said. "Everything depends on that waiver."

California has mandated that its emissions standards for cars would begin in 2009 and pledged to cut global warming emissions nearly 30 percent by 2016.

California Governor Arnold Schwarzenegger, who broke with President George W. Bush by endorsing California's Democratic-sponsored emissions law, wrote to the president and the EPA a year ago for asking them to grant the state's request to implement its own law.



Second pet fool lawsuit filed in LA
Class Action | 2007/04/03 12:32

The second lawsuit to be filed in L-A Superior Court in a week over contaminated pet food comes from a Los Angeles-area woman whose eight-year-old purebred Samoyed named Sammy died of kidney failure after eating an I-A-M-S meal.

Kelly Finestone filed the suit yesterday against Ontario, Canada-based Menu Foods Incorporated and Petco Animal Supply Stores Incorporated of San Diego.

Finestone alleges negligence and strict liability. Her lawsuit states that she bought the dog for twelve-hundred dollars, then spent three thousand dollars on veterinarian bills after he got sick. It cost five-hundred dollars to cremate him.

The lawsuit also alleges Fineman suffered emotional distress and a loss of companionship after her dog's death. Her lawsuit does not specify the amount of additional general and actual damages she is asking for.

She is also looking for others to join in her lawsuit.



It's Acer's turn in HP patent dispute
Patent Law | 2007/04/03 11:41

The Taiwanese Acer company faces great obstacles on its path to become the world’s third personal computers producer, thanks to a law suit by Hewlett-Packard (HP) and the fierce competition by Dell.

According to The Liberty Times, HP on Tuesday levelled a law suit before a Texas court, accusing Acer of using five of its patented technologies for the production of PCs. In its law suit, HP demands a cessation of sales of Acer’s computers, laptops, media centres and similar products in the United States.

This more of a rival tactics, said Kirk Yang, an analyst of the Citigroup Investment Research company.

Daniel Chang of the Macquarie Research Equities agrees with such an assessment. We believe that this is only the first step of the HP to fight off a strong rival, by hindering Acer’s growth, he said.

The law suit could prove fatal for Acer, to which the USA is the second biggest market. Its American distributors may not want to take on the risk of selling Acer products in fear of law suits or a court ban whose rescinding could take time.

The USA is credited for around 20 percent of Acer’s incomes. In 2006 the company produced 1.1 million PCs and 311,111 desktop computers and hopes that sales in the US will increase by 25 percent in 2007.

Analysts also warned of the serious competition by Dell Inc. the company’s CEO, Michael Dell, visited Taipei on March 19, where he met with Taiwanese distributors, which caused speculations that Dell planned to order more complete laptop products from local companies.

Such a move would be negative for Acer that completely counts on distributors in the sale of computers, while Dell uses direct sales models.



Weil Gotshal's Dan Dokos - Dealmaker of the Year
Law Firm News | 2007/04/03 09:45





Daniel S. Dokos, Weil, Gotshal & Manges LLP partner and chair of the firm’s Banking & Finance practice, was awarded the prestigious Dealmaker of the Year award by The American Lawyer in its Corporate Debt category. The highly sought after distinction is awarded to a select group of attorneys who demonstrate excellence in managing ground-breaking or industry-changing deals. Mr. Dokos is recognized for his leadership role in representing JPMorgan, Citigroup and Goldman Sachs in the secured financing for Ford Motor Company. The loan transaction, totaling $18.5 billion, was the largest corporate loan in history.

The American Lawyer is the country’s leading monthly magazine for lawyers and has served as the standard by which the nation’s most important lawyers measure themselves for 25 years.



Mass. governor orders 26 gay marriages registered
Breaking Legal News | 2007/04/03 08:37

Massachusetts Gov. Deval Patrick has directed the Massachusetts Department of Public Health to register the same-sex marriages of 26 couples from outside the state whose licenses were not previously allowed to be included in state records by former Massachusetts Gov. Mitt Romney. The couples were married in 2004 in four Massachusetts towns and cities which refused to follow an order by Romney not to marry out-of-state same-sex couples. Patrick said Monday that he would support the repeal of a 1913 state statute, upheld by the Massachusetts Supreme Court last year, which prohibits couples from marrying in Massachusetts if their marriage would not be legal in their own state.

Earlier this year, Massachusetts lawmakers lobbied for a proposed constitutional ban on same-sex marriage which would strictly define marriage as a union between a man and a woman, though it would leave existing Massachusetts same-sex marriages intact. While the recognition of the 26 marriage certificates does not actually change the legal status of the marriages, Patrick's decision has been heralded by the Gay and Lesbian Advocates and Defenders (GLAD) as a move toward treating same-sex couples equally to heterosexual couples. Patrick's order was criticized, however, by the Massachusetts Family Institute which said Patrick was "placing his personal preference above the law."

Massachusetts is currently the only US state to recognize same-sex marriage, after a November 2003 state high court ruling, and more than 8,000 same-sex couples have since been wed there.



Apple faces EU antitrust probe into iTunes
World Business News | 2007/04/03 08:36

The European Commission is investigating Apple's iTunes to determine if sales restrictions based on the buyer's country of residence violate EU antitrust laws, according to a commission statement confirming the probe Tuesday. Music buyers in Europe are currently only able to download songs or albums from the iTunes store in their own country, which the commission says restricts buyers in terms of what music is available and the cost of each purchase. Depending on where in Europe the buyer lives, music prices can vary by as much as $0.24 for a single song. A spokesman for Apple said Monday that the company would like to make the costs and availability to Europeans uniform across the 27-nation EU, but music labels and publishers have limited Apple's rights in Europe.

Apple could face significant fines if found in violation of EU antitrust laws. The company has two months to respond to a letter from the European Commission containing questions about its iTunes sales practice in Europe. Last year, France passed legislation allowing French regulators to force Apple to make its iPod player compatible with songs downloaded from other Internet music stores, and downloads from its iTunes service compatible with other players. Similar legislation has been proposed in Britain, Sweden, Denmark, Norway and Poland.



Pelosi arrives in Damascus for Syria talks
Politics | 2007/04/03 07:33

Syrian officials and state-run media on Tuesday welcomed an ongoing visit of U.S. House Speaker Nancy Pelosi to Damascus, hoping that it would help alleviate tense relations between the two countries.

Elias Mourad, director general and editor-in-chief of Syria's ruling al-Baath party's organ the Baath newspaper, told local press that Pelosi's visit represents an affirmation of Syria's role in the Middle East.

He said differences inside the U.S. administration over Pelosi's visit showed that there are more and more opinions for engagement with Syria.

Meanwhile, Mahdi Dakhlullah, Syria's former information minister, said Pelosi's visit was "a step towards the right direction" which indicated a failure of the U.S. policy to isolate Syria.

Syria believed the visit signaled a sign that the U.S. policy regained a balance in dealing with the Mideast issues, he added.

"We think dialogue between Syria and the United States has restarted," Dakhlullah said, hoping that it would continue in a bid to pressure the Bush administration to reverse its unsuccessful Middle East approach.

Syrian official media, for its part, widely hailed Pelosi's trip as the government-run Damascus Radio welcoming it as "a step in the right direction ... because closing gates of dialogue is a flagrant mistake."

In addition, the Syria Times newspaper described Pelosi as a "brave lady" on an "invaluable" mission while the Tishrin daily stated in an editorial that Pelosi would discover herself that Syria was ready for serious and sincere dialogue with U.S. officials.

Pelosi, a staunch critic of U.S. President George W. Bush's Iraq policy, is scheduled to hold talks with Syrian President Bashar al-Assad and other officials on Wednesday about which she had "no illusions but great hope."

The trip, however, has met strong criticism from the White House which rebuked it as a "really bad idea."

On Tuesday, Bush criticized Pelosi's trip to Damascus as sending "mixed signals" that undermine U.S.-led efforts to isolate Syria.

Defending her trip to Damascus on Monday in Beirut, Pelosi argued that the journey was "an excellent idea" and she would discuss with Assad "the overarching issue of the fighting against terrorism and the role that Syria can play to help or to hinder."

Pelosi, the highest-ranking U.S. politician to visit here in years, arrived in Damascus Tuesday afternoon with a congressional delegation that grouped U.S. lawmakers from both Democratic and Republican parties.

Relations between Washington and Damascus have been strained since 2003 as Syria strongly objected the U.S. invasion of Iraq and blamed the U.S.-led occupation for the turbulences in the country ever after.

The White House, on the contrary, has been accusing Syria of supporting terror organizations and doing little to stop weapons and militants from infiltrating into Iraq and destabilize situation there.

Damascus supports the Palestinian Islamic Resistance Movement (Hamas) and the Lebanese Shiite Hezbollah movement which Washington labels as terror organizations. Syria, however, insists that they are legitimate resistant movements.

U.S.-Syrian ties further deteriorated following the murder of former Lebanese premier Rafik Hariri in February 2005 after which Washington withdrew its ambassador to Damascus for its alleged role in the killing.

Syria denied any involvement in the murder although a UN probe has implicated senior Syrian officials in the case. Washington, which had since refused high-level contacts with Damascus, has been under pressure to engage directly with Syria to help quiet down upgrading turmoil in Iraq.

The U.S. bipartisan Iraq Study Group has urged the Bush administration to engage in talks with Syria and Iran over Iraq. However, the White House has largely ignored the suggestion.



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