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Pratt & Whitney to move quickly on court appeal
Law Center | 2010/03/10 09:37
Pratt & Whitney said Tuesday a federal appeals court granted the jet engine maker's request for an expedited appeal of a lawsuit it lost as it tries to move 1,000 jobs out of Connecticut.

The subsidiary of United Technologies Corp. filed five proposed issues in its appeal to the 2nd U.S. Circuit Court of Appeals of a Feb. 5 decision halting its plans to move engine repair jobs to Columbus, Ga., Japan and Singapore.

U.S. District Court Judge Janet C. Hall in Bridgeport ruled in favor of the Machinists union, which sued Pratt & Whitney to halt efforts to shift the jobs. The union said the company violated its contract with the union that requires it to make every effort to preserve jobs in Connecticut.

Among the issues Pratt & Whitney said it may raise is its contention that Hall was wrong in how she interpreted the definition of "every reasonable effort" to preserve jobs. Pratt & Whitney said it is not required to save jobs if it results in lower profit.

The company also said Hall substituted her own judgment for Pratt & Whitney's business judgment in how it measures profit and financial performance.

In a request filed last week, Pratt & Whitney said a decision is needed soon to avoid financial harm because the company plans to shut two Connecticut plants immediately after its union contract expires in December.

The court said the two parties may file legal papers in April and May and an appeal may be heard as early as the week of May 31.

A lawyer for the union would not immediately comment. The union's chief negotiator did not immediately return a call seeking comment.



Goldman Sachs group to appeal Shaw-Canwest deal
Business | 2010/03/10 09:36

Goldman Sachs Group Inc will ask a Canadian court on Wednesday to hear its appeal of a lower court decision allowing Shaw Communications Inc to buy the broadcast arm of bankrupt Canwest Global Communications Corp.

An Ontario Superior Court judge ruled on Feb. 19 that Shaw could acquire Canwest's television arm, putting a quick end to a last-minute bid for the assets, filed the night before by a consortium led by private equity fund Catalyst Capital and backed by Goldman.

The Catalyst consortium includes the Asper family, Canwest's founders. Leonard Asper was chief executive of Winnipeg, Manitoba-based Canwest, Canada's largest media group, until last Thursday when he stepped down to avoid potential conflict of interest concerns.

Goldman Sachs is a partner in Canwest's specialty TV arm after helping the media group acquire popular channels such as History Television and Food Network Canada from Alliance Atlantis in 2007 for C$2.3 billion.

It wants the Ontario Court of Appeal to set aside the deal that allows cable operator Shaw to buy the Canwest TV assets.



Chief justice unsettled by Obama's criticism of Supreme Court
Political and Legal | 2010/03/10 09:34

U.S. Chief Justice John Roberts said Tuesday the scene at President Barack Obama's first State of the Union address was "very troubling" and that the annual speech to Congress has "degenerated into a political pep rally."

Responding to a University of Alabama law student's question about the Senate's method of confirming justices, Roberts said senators improperly try to make political points by asking questions they know nominees can't answer because of judicial ethics rules.

"I think the process is broken down," he said.

Obama chided the court for its campaign finance decision during the January address, with six of the court's nine justices seated before him in their black robes.

Roberts said he wonders whether justices should attend the address.

"To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there," said Roberts, a Republican nominee who joined the court in 2005.

Roberts said anyone is free to criticize the court and that some have an obligation to do so because of their positions.

"So I have no problems with that," he said. "On the other hand, there is the issue of the setting, the circumstances and the decorum. The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according the requirements of protocol — has to sit there expressionless, I think is very troubling."

Breaking from tradition, Obama used the speech to criticize the court's decision that allows corporations and unions to freely spend money to run political ads for or against specific candidates.



Oligarch wins suit against Russian broadcaster
International | 2010/03/10 05:34

Self-exiled Russian tycoon Boris Berezovsky has won his libel case against a Kremlin-owned broadcaster that aired allegations he masterminded the murder of a former KGB agent in London.

The 64-year-old tycoon's victory against All-Russian State Television and Radio Broadcasting is the latest round in the oligarch's battle against the Kremlin, which has long sought to bring him before a Russian court.

Berezovsky sued after the broadcaster, known by its acronym RTR, aired a show in which it was suggested he was behind the poisoning death of renegade Russian agent Alexander Litvinenko, who died in 2006.

In the ruling at London's High Court, Justice David Eady awarded Berezovsky 150,000 pounds (about $225,000) in damages, saying: "There is no evidence before me that Mr. Berezovsky had any part in the murder of Mr. Litvinenko. Nor, for that matter, do I see any basis for reasonable grounds to suspect him of it."

Berezovsky, who was in court for the verdict, said in a statement he was pleased the court "has unequivocally demolished RTR's claims."

RTR, which did not take part in the hearings, called the judgment illegal. Speaking from Moscow, the broadcaster's lawyer Zoya Matviyevskaya said the company "does not recognize the decision of the court" and was ready to take the case to the European Court of Human Rights in Strasbourg.



D.C. law firm Arent Fox names Mark M. Katz new chairman
Legal Careers News | 2010/03/09 09:20

The Washington law firm Arent Fox said Monday that it has named longtime partner Mark M. Katz as its new chairman, a leadership change that comes as the legal sector copes with an economic downturn that has curtailed business and prompted layoffs.

Katz, 52, succeeds Marc L. Fleischaker, who served as chairman of the firm's executive committee for 14 years. Fleischaker will remain at the firm, concentrating on antitrust and civil rights cases.

Like many of its counterparts, Arent Fox has faced declining revenue as corporate clients cut back on legal work, particularly in commercial real estate and finance, Katz said Monday in an interview. Although the firm cut 13 associates and 15 staff members and is in the early stages of restructuring how it bills clients, Katz said Arent Fox wasn't hurt as deeply by the recession because it decided to grow more cautiously during the boom.

"Some of the firms that grew very rapidly and worked on a mega-international platform seem to be running into difficulties," he said. "We've grown on a patient pace, and that's helped us."

As of 2008, the latest year for which statistics from the economic development group Greater Washington Initiative are available, more than 40,000 lawyers worked in the Washington region, second only to the New York area. Nearly 64,000 people work in the legal profession in the Washington region, which employs more people in that sector on a per-capita basis than any U.S. metropolitan area.



Supreme Court accepts appeal over vaccine safety
Court Watch | 2010/03/09 09:16

The justices Monday agreed to decide whether drug makers can be sued outside a special judicial forum set up by Congress in 1986 to address specific claims about safety.

The so-called vaccine court has handled such disputes and was designed to ensure a reliable, steady supply of the drugs by reducing the threat of lawsuits against pharmaceutical firms.

The questions in the latest case are whether such liability claims can proceed, if the vaccine-related injuries could have been avoided by better product design, and if federal officials had approved another, allegedly safer drug. Oral arguments in the dispute will be held in the fall.



Sex.com domain goes up for auction
Venture Business News | 2010/03/09 03:18

Sex.com, one of the most valuable Internet domain names, will go up for auction next week after the previous owner defaulted on its debts.

Escom LLC paid a reported $14 million for the Web site in 2006. But the company failed to repay debt owed to DOM Partners LLC, the New Jersey-based lender that helped finance the deal.

As a result, sex.com will be sold "as is" in the equivalent of a foreclosure sale, according to a letter from DOM Partners' lawyers that was made public Tuesday. The auction is set for March 18 in New York, and bidders are required to appear with a certified check for $1 million to participate.

Richard Maltz, an auctioneer at Maltz Auctions who is overseeing the sale, said there has been a "good amount of interest" in sex.com. But he did not say how much the Web site could sell for.

"It is a very unique property," he said. "It will be an incredible opportunity for someone."

Indeed, sex.com generated $15,000 a day in revenue at one point, according to Charles Carreon, an attorney who wrote about the Web site's legal travails in his book "The Sex.com Chronicles."

By way of comparison, the domain name www.pizza.com reportedly sold for more than $2.5 million at an auction in 2008.



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