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Russia court orders shutdown of liberal opposition party
International |
2007/03/24 06:42
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The Russian Supreme Court ruled Friday that the Republican Party one of Russia's oldest opposition parties, was too small to be considered a political party under a 2004 Russian law and should be closed down. Republican Party co-Chairman Vladimir Ryzhkov argued that the party was actually larger than the court believed, that it had 58,000 members as opposed to only 50,000 as said in the court decision. Ryzhkov said the Russian Federal Registration Service, which filed the lawsuit challenging the Republican Party's legitimacy, used an inaccurate counting system in determining the party's membership because it excluded people who could not be reached by telephone.
Ryzhkov further said the decision was an attack orchestrated by the party's opposition and an example of the systematic persecution the party had encountered across the country. Ryzhkov said the party will appeal the decision to the Collegium of the Supreme Court, and, if unsuccessful, then to the European Court of Human Rights in Strasbourg. Also today, prosecutors asked the Moscow Municipal Court to ban the far-right National Bolshevik Party and suspend the party's activities pending a ruling. The party's leaders said the decision was politically motivated. |
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Hong Kong Election Marks New Ground
International |
2007/03/24 02:44
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Many see the selection of Hong Kong's leader as a farce - the incumbent will almost certainly be picked again Sunday by a committee that usually goes with the choice of China's rulers. But for the first time since the former British colony returned to Beijing's rule, the election has had a challenger and American-style debates. It also saw the incumbent - veteran civil servant Donald Tsang - promise a specific plan to bring full democracy to China's wealthiest city. Tsang is expected to coast to re-election by an 800-seat election committee loaded with tycoons, leaders of special interest groups and other elites. His rival is Alan Leong, a lawmaker and lawyer who believes stable, well-educated Hong Kong is ready for full democracy. He says Tsang is among those dragging their feet on political reform. Leong insists that when the next leadership vote is held in 2012, Hong Kong should get rid of what's commonly known as the "small-circle election" system and let the public directly elect the winner. The race also featured the first public debates between leadership candidates. The two men met twice in televised events that yielded spirited argument about a range of issues. When this former British colony returned to Chinese rule 10 years ago, the Communist leadership in Beijing said Hong Kong could keep its capitalist ways, maintain its civil liberties and be semiautonomous under a "one country, two systems" formula. The city's mini-constitution, or Basic Law, says Hong Kong will eventually gain full democracy, referred to as universal suffrage, but no timeline has been given. |
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SAP vows to fight Oracle's lawsuit
Breaking Legal News |
2007/03/24 00:02
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Business software maker SAP AG said Friday that it intends to fight charges of computer theft and espionage made in a federal lawsuit filed by rival Oracle Corp. The Germany-based company issued its response the day after Oracle alleged SAP resorted to high-tech skullduggery to obtain confidential information about Oracle's software. Redwood Shores-based Oracle alleges SAP repeatedly raided its computers so a subsidiary called TomorrowNow can provide product support to Oracle's customers. "SAP will not comment other than to make it clear to our customers, prospects, investors, employees and partners that SAP will aggressively defend against the claims made by Oracle in the lawsuit," spokesman Steve Bauer said in a statement. Oracle has spent more than $20 billion in the past three years in a challenge to SAP's market leadership in business applications software -- programs that automate a wide range of administrative tasks. |
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DMCA Architect Acknowledges Need For A New Approach
Legal Spotlight |
2007/03/23 22:45
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McGill University hosted an interesting conference today on music and copyright reform. The conference consisted of two panels plus an afternoon of open dialogue and featured an interesting collection of speakers including Bruce Lehman, the architect of the WIPO Internet Treaties and the DMCA, Ann Chaitovitz of the USPTO, Terry Fisher of Harvard Law School, NDP Heritage critic Charlie Angus, famed music producer Sandy Pearlman, and myself. A video of the event has been posted in Windows format. My participation focused on making the case against anti-circumvention legislation in Canada (it starts at about 54:30). I emphasized the dramatic difference between the Internet of 1997 and today, the harmful effects of the DMCA, the growing movement away from DRM, and the fact that the Canadian market has supported a range of online music services with faster digital music sales growth than either the U.S. or Europe but without anti-circumvention legislation. The most interesting - and surprising - presentation came from Bruce Lehman, who now heads the International Intellectual Property Institute. Lehman explained the U.S. perspective in the early 1990s that led to the DMCA (ie. greater control though TPMs), yet when reflecting on the success of the DMCA acknowledged that "our Clinton administration policies didn't work out very well" and "our attempts at copyright control have not been successful" (presentation starts around 11:00).
Moreover, Lehman says that we are entering the "post-copyright" era for music, suggesting that a new form of patronage will emerge with support coming from industries that require music (webcasters, satellite radio) and government funding. While he says that teens have lost respect for copyright, he lays much of the blame at the feet of the recording industry for their failure to adapt to the online marketplace in the mid-1990s. In a later afternoon discussion, Lehman went further, urging Canada to think outside the box on future copyright reform. While emphasizing the need to adhere to international copyright law (ie. Berne), he suggested that Canada was well placed to experiment with new approaches. He was not impressed with Bill C-60, seemingly because he does not believe that it went far enough in reshaping digital copyright issues. Given ongoing pressure from the U.S., I'm skeptical about Canada's ability to chart a new course on copyright, yet if the architect of the DMCA is willing to admit that change is needed, then surely our elected officials should take notice.
http://www.michaelgeist.ca/content/view/1826/125 |
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Law Firm Getting Many Submissions For Pet Food
Class Action |
2007/03/23 22:23
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A Madison law firm that filed a class-action lawsuit in the wake of a massive recall over contaminated pet food said it has been getting many submissions. Progressive Law Group, LLC, filed a class-action lawsuit earlier this week. The firm said that it's getting 20 to 30 submissions on their Web site every hour and that they are now working with attorneys across the country in the handling of the case. "The stories are so tragic our staff numbers are sorting out the information and they actually broke into tears," said Frank Jablonski, an attorney with Progressive Law Group, LLC. "This is an enormous mess-up by these companies and the amount of tragedies by these companies is huge and terrible." Meanwhile, the company at the center of the recall is speaking out for the first time since the recall. "Our hearts go out to the thousands of pet owners across Canada and the United States for their losses and their worries," said Paul Henderson, president and CEO of Menu Foods. The company said it is grateful that investigators have finally pinpointed a cause. Investigators said that rat poison contaminated the pet food. The manufacturer said it will take responsibility for veterinary costs linked to the tainted food. As of Friday, the contaminated pet food has been blamed for at least 17 animal deaths. That number represents the confirmed cases, so the number of deaths could increase much more, WISC-TV reported. Scientists said the Menu Foods brand of wet and gravy style food was contaminated by rat poison, but they don't know how the poison got into the food. For information on the pet food lawsuit, visit ProgressiveLaw.com |
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Biovail fires law firm hedge-fund case
Legal Business |
2007/03/23 22:20
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Canadian drug company Biovail Corp. has fired Kasowitz Benson Torres & Friedman LLP, the law firm that engineered the company's high-profile lawsuit that claimed hedge funds and research analysts colluded to depress its stock price. Kasowitz Benson, which is based in New York, is embroiled in a legal controversy over whether it willfully violated a protective order when it used information subpoenaed from Banc of America Securities in a shareholder suit in New York Federal court. That information was used to draft Biovail's February 2006 complaint against SAC Capital Management LLC, Sigma Capital Management LLC, Gradient Analytics Inc., Gerson Lehrman Group, former Banc of America Securities analyst David Maris and others. Judge Richard Owen presides over the shareholder suit filed against Biovail in 2003. For the last month, Owen has been presiding over hearings to probe the violation of the protective order. Those hearings are scheduled to resume in early April. Biovail's public relations firm Sitrick & Co. said in an e-mail statement that the company terminated Kasowitz Benson because of "issues arising from proceedings before Judge Owen." Biovail said it "maintains confidence in its pending lawsuits." A spokesman for Kasowitz Benson had no comment. A lawyer defending Kasowitz Benson during the hearings in front of Owen earlier this week disclosed documents against Biovail's will. The lawyer argued in court that Kasowitz Benson had a right to disclose the information because the firm was being accused of wrongful conduct. "We have asked Biovail to come forward and clarify the record. They have declined to do so to date," said John Siffert of Lankler Siffert & Whohl LLP. "We are not saying that Biovail had an appreciation for the protective order barring what we did anymore than we did, but at least they knew about the protective order and didn't tell us," Siffert said. Evidence introduced in court shows that Kasowitz Benson lawyers continued to use and share material obtained from Banc of America after they were told about a March 2005 court order preventing its use in other venues. According to evidence that came up during hearings in front of Owen, Kasowitz Benson drafted and circulated to several law firms a shareholder complaint that was later filed against SAC and others in New Jersey federal court. That complaint closely mirrors the one filed by Biovail against the same defendants a month earlier and uses some of the same information obtained from Banc of America. Lawyers representing shareholders suing Biovail in New York federal court argued in a letter sent to Judge Owen last week that Biovail's lawyers drafted and caused the filing of the New Jersey shareholder complaint to hamper class certification in New York. Kasowitz Benson also represents Fairfax Financial Holdings, a Canadian insurer who sued some of the same defendants and alleges a similar conspiracy to depress its stock. Last June, Kasowitz Benson partner Marc Kasowitz testified in front of a Senate hearing about hedge funds, alleging that supposedly "independent" research reports are routinely bought and paid for by short-selling hedge funds, and warned lawmakers that "the potential for gross fraud and abuse is stunning." |
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Harvard Law Professor David Shapiro Joins Law Firm
Legal Careers News |
2007/03/23 22:20
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Manatt, Phelps & Phillips, LLP, the national law and consulting firm, announced today that it has engaged Professor David L. Shapiro as a litigation and appellate consultant. Mr. Shapiro, Professor of Law Emeritus, Harvard Law School, is one of the nation's foremost federal courts and constitutional scholars. He has argued and participated as amicus curiae in numerous cases before the United States Supreme Court and the federal appeals courts. Professor Shapiro co-authors Hart and Wechsler's The Federal Courts and The Federal System. He also has published other books and articles in leading law reviews on federal court jurisdiction and procedure, federalism, administrative and labor law, among other subjects. "David Shapiro is a truly extraordinary legal scholar and lawyer, with whom we already have had the privilege of working on important matters for Manatt clients," said Chad Hummel, Chair of Manatt's national Litigation Division. "From our successful prior collaborations, we know that Professor Shapiro fits perfectly with our firm's national litigation practice and especially our expanding appellate and U.S. Supreme Court practice. We are honored and thrilled that Professor Shapiro has agreed to become a consultant to Manatt."  "I am very pleased to continue my collaboration with the professionals at Manatt," said Professor Shapiro. "Manatt's lawyers do exemplary legal work and the firm has a remarkable record in pro bono matters, with a deep commitment to giving something back to the community and helping those who cannot afford counsel." Professor Shapiro clerked for Supreme Court Justice John M. Harlan, and he joined Harvard Law School as an assistant professor in 1963. Professor Shapiro served as Associate Dean of Harvard Law School from 1971 to 1976. In 1986, he was named the William Nelson Cromwell Professor at Harvard Law School. Professor Shapiro has also been a visiting professor at various law schools around the country and internationally, including Stanford, Oxford, University of Pennsylvania, University of Arizona and New York University. From 1988 to 1991, Professor Shapiro took a leave of absence from Harvard Law School to serve as Deputy Solicitor General for the first Bush administration. As Deputy Solicitor General, Professor Shapiro argued 10 cases before the U.S. Supreme Court. Throughout his career, Professor Shapiro has participated in over 60 U.S. Supreme Court cases, and in 2006 he contributed to three amicus briefs in Supreme Court cases. Professor Shapiro received his B.A. from Harvard College, magna cum laude in 1954 and his LL.B. from Harvard Law School, summa cum laude, Fay Diploma in 1957. At Harvard Law School, he served as Note Editor for the Harvard Law Review.
http://www.law.harvard.edu/faculty/directory/facdir.php?id=65 |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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