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America's Cup challenge hits court
Court Watch |
2007/10/25 06:07
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A New York Supreme Court judge has heard arguments about whether Alinghi, the Swiss team that holds the America's Cup, must meet America's BMW-Oracle 10 months from now in a race between giant catamarans or trimarans. Tom Ehman, an international sailing rules expert from the Detroit area who works for Oracle and has been involved with the America's Cup for 27 years, said that the Swiss are taking that possibility seriously.
"Within hours of the time we issued our challenge, they were on the telephone to the same multihull experts we've been talking to. In fact, for a while there was a kind of bidding war going on," said Ehman, who was one of the people arguing Oracle's case in New York City on Monday. The judge is expected to issue a ruling in two to three weeks.The Swiss successfully defended the America's Cup off Valencia, Spain, in July and immediately accepted a Spanish yacht club as the challenger of record for a 33rd Cup in 2009. While other countries can enter, the challenger of record runs the sail-off series to select the boat that will meet the defender in the America's Cup finals and negotiates the ground rules with the defender. BMW-Oracle has challenged the validity of the Spanish club, saying it doesn't meet the requirements of the 1887 Deed of Gift that sets the basic rules for the America's Cup. BMW-Oracle's challenge specifies a race in boats with a maximum waterline length and beam (width) of 90 feet. That could only be a huge catamaran or trimaran, which would approach the 50 m.p.h. mark. Most sailing experts agree that BMW-Oracle is right. The Spanish club was formed only two weeks before the last cup ended, giving it a shaky hold on the requirement that it be an established yacht club. Nor has it held an "annual regatta," as the deed requires. It's clear that the Spanish club was set up as Alinghi's puppet, in return for which the Swiss agreed to keep the America's Cup -- and the massive tourism dollars it earns -- in Valencia. The Spanish club is so pliant that it has allowed Alinghi to design a new, 90-foot-waterline boat that would be used in the 33rd Cup in secret. So far, Alinghi has refused to reveal the design parameters to potential challengers, giving the Swiss a head start of several months in the crucial technological challenge of building the fastest boat. "This is not the best time I've ever had in 27 years with the America's Cup," said Ehman, who is the spokesman for San Francisco's Golden Gate Yacht Club (the official challenging organization) and negotiates with other syndicates as the head of external affairs for BMW-Oracle Racing. Ehman may have more history with America's Cup controversies than any living sailor. In 1983, when America lost the cup for the first time in 132 years, he was involved with Dennis Conner's Liberty syndicate in the battle over the legality of Australia II's radical wing keel. (The Aussies won.) And closer to this case, in 1987, he warned the San Diego Yacht Club early on that an unexpected challenge by New Zealand with a 135-foot monohull was probably going to be upheld in court. He was right, and the Americans met the challenge with a 60-foot catamaran in an event that saw San Diego retain the America's Cup but lose support from sailors in the United States and worldwide over what those sailors viewed as cheating. "Just about every lawyer I talked to who has read the deed thinks (Alinghi) is wrong. But will they lose in court? You don't know. It's up to a judge, one guy," Ehman said. "After listening to the arguments in court and the judge's questions, I came away even more confident, but you can't be 100% sure." If the Swiss lose, they can negotiate with the Americans. Ehman said that rather than have two syndicates race giant catamarans, BMW-Oracle would prefer to involve all of the challengers and the defender in selecting a new monohull design for a Cup off Valencia in 2010. "But if they lose and won't negotiate, then we are ready to build the multihull and race next September. We have a design team and a build facility, and we are ready to push the button," Ehman said. He added, "That wouldn't necessarily be a bad thing for the America's Cup. I think a lot of people would love to watch giant multihulls" dicing around the turn marks at 30-40 miles per hour." If it comes to a multihull event this time around, the atmosphere toward BMW-Oracle should be much different than it was toward Dennis Conner's San Diego entry in the 1987 debacle. That's because both Oracle and Alinghi will have equal chances to build the fastest racing yacht ever designed, which could be the key to making the America's Cup a big television draw among non-sailors. |
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Italian court drops murder case against US soldier
International |
2007/10/25 06:06
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Italian court has dropped a case against a U.S. soldier for killing an Italian intelligence agent at a check-point in Iraq on the grounds that it does not have jurisdiction, lawyers said on Thursday.
U.S. soldier Mario Lozano was being tried in absentia in Rome for shooting Italian agent Nicola Calipari in 2005 as he escorted a newly freed Italian hostage out of Iraq. Washington refused to hand over Lozano for trial.
Lozano's Italian defence lawyer Alberto Biffani said he was "very satisfied" with the outcome.
"The court has granted our request on lack of jurisdiction so we win this case," he said at the court house. "Obviously the public prosecutor can decide to appeal." |
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Sexual harassment lawsuit targets ex-Gov. DiFrancesco
Legal Business |
2007/10/25 05:13
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A lawyer fired from former New Jersey Gov. Donald DiFrancesco's firm alleged in a whistle-blower and sexual harassment complaint Wednesday that she was dismissed for filing an ethics grievance against a judge who was a pal of the partners. And the suit by Michele D'Onofrio says a comment by DiFrancesco about her breasts -- he denies he said it -- was part of the harassment. The suit, filed in Essex County, says D'Onofrio, a matrimonial lawyer, was dismissed on Sept. 21 as a nonequity partner from 39-lawyer DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer because she filed an ethics grievance against Richard Sasso, the municipal judge in Warren Township, where D'Onofrio serves as prosecutor. She says her complaints to ethics authorities about Sasso's allegedly unjust behavior and her cooperation in an FBI inquiry about Sasso's handling of a case caused a backlash among her superiors because the judge was a "political ally, friend and crony" of the firm. As for sexual harassment, the suit says D'Onofrio and other women complained about unwelcome sexual comments and touching by DiFrancesco, but no corrective action was taken. D'Onofrio recently underwent reconstructive surgery after a diagnosis of breast cancer in 2006. Before the surgery, DiFrancesco "asked her if she was planning on ‘getting really big boobs,'" the suit says. In a telephone interview after the suit was filed, DiFrancesco said of that allegation, "It's absolutely not true. I can't recall saying those things and I know I would not have said things in those ways." As for the rest of the personal charges against him, "a couple of things were fabricated," he says. "It's not something I like to read, and I'm very unhappy about it and I'm very angry about it," says DiFrancesco, who was acting governor in 2001 at the end of a 25-year career in the state Legislature. The suit names the firm, not individual partners, one of whom is Assemblyman Christopher Bateman, R-Somerset. According to the complaint, DiFrancesco once asked D'Onofrio if she planned to wear a bathing suit to a professional function. In 2002, he asked her to stay a night in his hotel suite in Atlantic City after a League of Municipalities meeting and then go to a Beach Boys concert with him. |
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Man who sold dogs to Vick pleads guilty
Breaking Legal News |
2007/10/25 04:08
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A man who sold Michael Vick two pitbulls for his dogfighting operation pleaded guilty Wednesday in federal court in Richmond to the same charges for which the Falcons quarterback and three co-defendants are awaiting sentencing. Oscar Allen, of Williamsburg, Va., waived indictment and pleaded guilty in U.S. District Court for the Eastern District of Virginia to a criminal information charging him with conspiracy to travel in interstate commerce to aid in illegal gambling and to sponsor a dog in animal fighting. According to court documents, in or about 2001, Allen -- known as "Virginia O" -- bred a litter of puppies for Bad Newz Kennels, the name of Vick's dogfighting operation, for use in animal fighting. One of the puppies was a male pitbull named Magic. In or about 2002 or 2003, Allen also sold Vick and his co-defendants a female pitbull named Jane, according to the documents. Both dogs are mentioned by name in court documents in Vick's case. Allen also acknowledges that he gave members of Bad Newz Kennels, comprised of Vick, Purnell Peace, Quanis Phillips and Tony Taylor, advice on the operation of a dogfighting kennel and attended dogfights at Vick's rural Virginia home, 1915 Moonlight Road, in Surry County. Allen also stated that he was present in April 2007 when Vick, Peace and Phillips tested dogs to determine if they would be good fighters. The dogs that did not test well were executed, but Allen said he was not present. Court documents specifically refer to Bad Newz Kennels and Vick's address, but refer to the co-defendants as M.V., P.P., Q.P. and T.T. Allen, 67, will be sentenced Jan. 25, 2008, in Richmond in front of Judge Henry E. Hudson, who will also sentence Vick and his co-defendants. He faces a maximum sentence of five years in prison and a $250,000 fine. He was released with conditions. Vick and his co-defendants also face state charges in Virginia. Another hearing in that case is scheduled for Nov. 27. In the federal case, Phillips and Peace will be sentenced Nov. 30. Vick will be sentenced on Dec. 10, the same day the Falcons play New Orleans on "Monday Night Football" without the quarterback who has been suspended indefinitely by the NFL. Taylor, the first of the co-defendants to reach a plea agreement, will be sentenced Dec. 14. |
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Microsoft Buys $240 Million Stake in Facebook
Venture Business News |
2007/10/25 03:53
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The new $15 billion price tag attached to Facebook was more a reflection of Microsoft's need to do a deal with the company rather than an indication of its true worth, analysts said today. Fears that the internet industry - which has hosted a string of multi-billion dollar deals in recent months - was entering another bubble similar to the one it experienced seven years ago were also dismissed, with analysts pointing out that in most cases investment had come in areas that showed significant growth potential. Yesterday Microsoft announced that it would buy a 1.6 per cent stake in Facebook for $240 million, ending a months-long bidding war with Google, its arch rival, which was also keen to share a piece of the lucrative advertising revenues that Facebook is expected to start generating. As part of the deal, which values Facebook at roughly 100 times its estimated $150 million revenues, Microsoft will have exclusive right to serve ads on Facebook's platform, expanding an agreement which was already in place for ads on the US site.
Microsoft's investment, which makes Facebook's 23-year-old chief executive, Mark Zuckerberg, worth an estimated $3 billion - at least on paper - follows a string of high-value deals in the internet sector, including Google's acquisition of DoubleClick, the advertising platform, for $3.1 billion, and Microsoft's previous purchase of aQuantive, another server of internet ads, for $6 billion. The deal gave rise to a wave of blog entries with titles like 'Facebook's funny money', and recalled the early valuations of Yahoo!, the search firm, which had a price to earnings multiple of 1,000 in March, 2000. |
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IRS Wants Poker Tournament Winnings
Tax |
2007/10/24 07:43
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The Internal Revenue Service reiterated its demand for casinos and other poker tournament sponsors to begin reporting winnings of more than $5,000 after March 4, 2008. The IRS and the Treasury Department originally issued guidance on Sept. 4 about the requirement, but the IRS is seeking to publicize it further. For tournaments completed during 2007 and before March 4, 2008, the sponsors are not required to report the winnings to the IRS or withhold tax. Beginning March 4, however, all tournament sponsors need to report winnings of over $5,000, usually on a Form W-2G. Tournament sponsors who comply with the reporting requirement don't need to withhold taxes on the winnings. If the sponsor does not report the winnings, though, the IRS will enforce the reporting requirement and require the sponsor to pay any tax that should have been withheld from the winner. The withholding amount is normally 25 percent. Tournament winners must provide their taxpayer identification number or Social Security number to the tournament sponsor. If they don't, the sponsor must withhold 28 percent of the winnings. Taxpayers must also report their winnings on their own to the IRS, as they have been required to do in prior years. |
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Google Signs with Nielsen to Track Ads
Venture Business News |
2007/10/24 06:30
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Determined to sell more television ads, Internet search leader Google Inc. is sharpening its focus on the medium with demographic data from the influential Nielsen Co. Under an agreement to be announced Wednesday, Google will pay Nielsen an undisclosed amount to obtain detailed information about the kinds of people who watch specific TV shows. The breakdown, drawn from Nielsen's rating service, typically provides viewers' ages, gender, marital status and other personal data that help advertisers choose the audience most likely to be interested in their product or service. New York-based Nielsen has been selling demographic data to television stations and advertisers for years. Google's access to the information is significant because it gives the Mountain View-based company more tools to draw upon as it tries to target television ads as effectively as it has done on the Internet. Because it processes more than 1 billion search requests per day, Google hasn't needed as much outside help to learn about the interests of its Internet users. "This is another indication that Google is very serious about selling more ads in the mainstream media," said Brad Adgate, director of research for Horizon Media, which helps advertisers buy television ads. Since May, Google has been delivering television ads for about 14 million subscribers to EchoStar Communication Corp.'s Dish network and Astound Broadband cable service. The set-top boxes used by EchoStar and Astound enabled Google to track when commercials were watched and for how long. By drawing on Nielsen's data, Google will now have information on what kinds of viewers are watching the commercial. "This was a missing piece of puzzle for us," said Keval Desai, Google's director of product management for TV ads. Desai said Google is "thrilled" with its progress so far in TV advertising but declined to provide any financial specifics. Even as it expands its ad platform into TV, radio and print, Google continues to make most of its money from text-based ad links posted next to search results and other online content. Google's formula has been so profitable that it now has a market value of about $210 billion, second only to Microsoft Corp. in the high-tech industry. The Google alliance appeals to Nielsen because the rating firm is trying to develop new measurement techniques and extend its reach into more digital media, such as iPods and mobile phones. "The relationship with Google...is a prime example of the ways Nielsen is embracing new technologies, platforms and relationships worldwide to serve clients more completely," Nielsen Chairman David Calhoun said in a statement. |
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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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