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Google Defends the DoubleClick Deal
Practice Focuses |
2007/09/30 05:29
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Google is watching you. But you already knew that. Every time you conduct a search using its search engine, Google keeps tabs—and uses the information to send you ads tailored to the interests and tastes suggested by your searches.
Here's something you probably didn't know: The company may let you close the blinds, digitally speaking. Google Chief Executive Eric Schmidt told legislators on Sept. 27 that the company is exploring whether to let users keep Google from tracking the sites they're visiting. To do so, the company would enable Web surfers to shut off so-called cookies, the bits of code used to track the sites visited by individual computers and deliver ads related to those sites. Schmidt outlined that and other steps in an e-mail to Senator Charles Schumer read during a Senate hearing concerning Google's proposed purchase of DoubleClick. Google also is investigating technology that would keep user data collected from different sources from being concentrated in one place, and ways to better notify customers of Google's data-collection practices. Government Influence The proposals demonstrate the lengths to which Google may go in exchange for government approval of its planned $3.1 billion acquisition of online ad outfit DoubleClick, which specializes in ad placements across the Web. Senators on the Judiciary Committee also heard from Google opponents, including Microsoft, that would like to see the deal blocked. Marc Rotenberg, executive director of the Electronic Privacy Information Center, told senators that they should not let the deal go forward without rules governing how information can be collected and used, and how long it can be kept. Senators can't block the deal, but they can influence the thinking of the Federal Trade Commission, which will ultimately decide whether to let it go forward. The most likely scenario is that the FTC will propose restrictions on how Google and DoubleClick can combine the information they collect—if it decides to do anything at all. In July, the FTC approved a similar $6 billion acquisition by Microsoft of aQuantive, a DoubleClick competitor. The government agency also approved Yahoo!'s $680 million acquisition of the 80% of online ad exchange Right Media that it did not yet own. An Industry Issue Opponents say owning DoubleClick will give Google too much control over online advertising, and in particular the user data collected and stored on Google's massive computers. Google counters by saying the whole online advertising industry is in the midst of consolidation. As the number of Web sites where people spend their time has grown, online ad giants have acquired ad networks to expand the number of users they can monitor and the number of sites on which they can place ads. In testimony before the committee, Google Chief Legal Officer David Drummond argued that despite the search leader's success (more than 60% of searches are performed on the company's site and it brings in roughly 75% of all search ad revenue) it's no different from competing online advertising players, particularly Microsoft. "This is an industry issue," said Drummond. "That is how these issues should be worked out, not in the context of one company." Google said it would welcome global privacy laws governing how Web companies obtain, combine, retain, and use the massive amounts of data collected on the Web surfing and searching habits on individual computers. But it doesn't want those rules to apply solely to its deal with DoubleClick. Through its general counsel, Brad Smith, Microsoft also said it would support privacy legislation. Pipeline or Choice? However, Smith and Scott Cleland, president of Precursor, a telecom research and consulting firm, also argued vehemently for rules that would treat Google differently from its main search competitors. According to Smith and Cleland, Google's dominance of search and access to the advertisers and sites that work with DoubleClick would enable the company to become a "pipeline" through which most of the Web's relevant data would flow. The reason, they argued, is that Google's ability to reach the majority of U.S. Web surfers on the most highly trafficked Web sites would be so great that advertisers would be forced to work with the company. And, with Google's access to advertisers, any publishers not working with Google would also feel they had to work with the company, further increasing Google's reach. As a result, Google would be able to potentially collect Web surfing data on most Internet users, which would also lead to increased advertiser reliance on the company. "In a lot of ways it would be like combining the New York Stock Exchange and the NASDAQ," Microsoft's Smith said. "Somebody could build an alternative exchange, but would anybody go there to take their company public?…this merger is about creating a single pipeline." Drummond argued that Google—whose main business is selling ads based on search keywords and then displaying those ads on its search pages, as well as the partner sites those same searchers visit—is not in the same business as DoubleClick, which delivers ads that an advertiser and Web publisher have contracted for outside of DoubleClick's site. "There is no pipe," said Drummond. "A user, at a moment's notice, can go use another and they do all the time…there are all kinds of choices." Whether the government will single out Google at all is an open question. The hearing was the first round of what Senator Herb Kohl called a "heavyweight fight." In the next round, Google, Microsoft, and others plan to speak about privacy issues before the FTC at a two-day "town hall" meeting, starting Nov. 1.
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Law firms inspired by YouTube
Legal Business |
2007/09/29 11:32
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U.S. law firms are using recruiting Web sites with YouTube-inspired layouts and videos to appeal to the younger crowd of prospective summer associates. The videos range from professional-looking ads featuring actors to videos that feature company employees speaking about the firm's expertise or its diversity, The New York Times reported Friday. "The videos are still kind of in the early days," said Brian Dalton, the senior law editor at Vault Reports, which ranks law firms. "A lot of them come off seeming like hostage videos." A series of videos created by Boston law firm Choate Hall & Stewart echoes the "Mac vs. PC" ads created by Apple. The video series, called "Choate vs. Megafirm," features a frustrated Megafirm employee complaining about his firm, while a self-assured Choate employee sings her employer's praises. However, sometimes law firms recognize when their attempts to be hip go too far. Los Angeles firm Quinn Emanuel Urquhart Oliver & Hedges pulled a video from their Web site before it even went live. The video, titled "A Day in the Life of an Associate," followed a jeans-wearing associate named Ivey who plays Ultimate Frisbee in between meetings with partners. "Some of the associates, some of the partners, thought it was too contrived; maybe corny was probably a better word," said A. William Urquhart, the firm’s hiring partner. |
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Bloomberg LP the Target of Many Lawsuits
Court Watch |
2007/09/29 11:22
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The three women at the center of a lawsuit filed by the federal government against Bloomberg LP are not the first to accuse the financial information company founded by Mayor Michael Bloomberg of discrimination. A separate suit was recently filed in Manhattan federal court by another woman who said she also experienced discrimination based on her pregnancy and maternity leave, like the three women in the suit filed by the Equal Employment Opportunity Commission Thursday. Monica Prestia, who began working for Bloomberg LP as a sales representative in 1997, filed a suit in June claiming the company discriminated against her after she became pregnant in February of 2005. The company treated her differently than similarly employed male workers and subjected her to "harassment, hostile work environment and other forms of discrimination," the complaint said. The suit seeks unspecified damages and is pending in court. On Thursday, the EEOC accused the New York-based company of similar discrimination, saying it engaged in a pattern of demoting women, diminishing their duties and excluding them from job opportunities after they disclosed they were pregnant. Bloomberg LP spokeswoman Judith Czelusniak did not respond to a request for comment on the Prestia case; in court papers the company denied the allegations. About the EEOC suit on Thursday, Czelusniak said: "We believe strongly that the allegations are without merit and we intend to defend the case vigorously." The agency brought the suit on behalf of three senior employees who had filed complaints with the EEOC regarding Bloomberg LP, saying the activities occurred with malice or reckless indifference to federal anti-discrimination laws. The EEOC is the federal agency charged with interpreting and enforcing laws passed to prevent discrimination in the workplace. The women were expected to bring their own motion in court next week that further details their claims. They were identified by the EEOC as Tanys Lancaster, Jill Patricot and Janet Loures. Lancaster was said to be earning close to $300,000 in a senior position in the company's Transaction Products Department when she announced her pregnancy. "Almost immediately I began to suffer demotions, decreases in compensation as well as retaliation after I complained to Human Resources," she said in a statement. Lancaster is no longer employed with Bloomberg. Patricot and Loures are still working there. Patricot, who worked as a manager in the Global Data Division, claims that after returning to her job following maternity leave, she was demoted to an entry level position because her schedule had changed due to child care demands. Loures was also a manager in the Global Data Division, and said her duties and staff were reduced starting with her first maternity leave and continuing through a second one. She is now employed in an entry-level clerical position, the EEOC said. The EEOC said the women's claims of discrimination due to gender and pregnancy "were echoed by a number of other female current and former employees who have taken maternity leave." Richard Roth, an attorney for the woman in the separate suit filed in June, said in an interview Friday that the EEOC complaint "helps expose what's really going on behind the scenes at Bloomberg." It is a culture that Michael Bloomberg, who is a potential presidential candidate, was accused of fostering while he headed the company. Bloomberg stepped down as CEO to run for mayor in 2001 but retains a 68 percent stake in the company. A spokesman for Bloomberg declined to comment on the cases Friday. While Bloomberg was CEO, a female sales executive accused him in a lawsuit of sexual harassment and other claims similar to these new allegations. The suit, filed by Sekiko Sakai Garrison in 1997, claimed that he and other male managers displayed a discriminatory attitude toward pregnant women and new mothers. It said that when he found out Garrison was pregnant, he told her "Kill it!" and said "Great! Number 16!" -- an apparent reference to the number of women in the company who were pregnant or had maternity-related status at the time. It also claimed Bloomberg and other men at the company made "repeated and unwelcome" sexual comments, overtures and gestures, contributing to an offensive, locker-room environment. Bloomberg adamantly denied the accusations; the suit was settled in 2000. Terms were not disclosed. |
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Jets Fan Sues Pats, Seeks $184 Million
Legal Business |
2007/09/29 11:21
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New York Jets season-ticket holder filed a class-action lawsuit Friday against the New England Patriots and coach Bill Belichick for "deceiving customers." The lawsuit filed in U.S. District Court in Newark, N.J., by Carl Mayer of Princeton Township, N.J., stems from the Patriots being caught illegally videotaping signals from Jets coaches in New England's 38-14 season-opening win Sept. 9. "They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders. Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't. "They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers." The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000. The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act. "How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation." Patriots spokesman Stacey James declined to comment on the lawsuit. Mayer and Afran, who consider themselves public interest lawyers, have been thorns in the side of New Jersey politicians for years, filing lawsuits and demanding investigations to advance their grievances. They are well known in the state but generally have had little success in their causes. Both have lost bids for elected offices, and Mayer once served as a presidential campaign adviser to Ralph Nader. Their demand in March for a probe of Gov. Jon S. Corzine's gifts to a former girlfriend was rejected by a federal prosecutor. In 2006, a judge vetoed their effort to block Corzine's appointment of Rep. Robert Menendez, D-N.J., to fill the governor's seat in the U.S. Senate. They also failed to get a court to order a special election to replace Gov. James E. McGreevey when he resigned in 2004. Now, they're taking on the Patriots. Their latest lawsuit asserted that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit. "Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud." |
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Italy Approves Tax Cuts for Businesses
International |
2007/09/29 11:20
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Italy's Cabinet approved lower taxes for businesses and tax breaks for homeowners and renters Saturday, a reflection of Premier Romano Prodi's efforts to pacify disgruntled centrists and far-left parties in his fractious coalition. The measures, part of the government's proposed package of spending and taxes for 2008, were debated at a Cabinet meeting that stretched over about 12 hours, beginning late Friday afternoon and ending early Saturday. Prodi's center-left coalition has been struggling to stay intact virtually since it began governing in May 2006, and some of his allies have been predicting that if his coalition unravels, early elections, eagerly sought by conservative opposition leader Silvio Berlusconi, would be the consequence. The government's popularity has been sagging in opinion polls, and Berlusconi, the media mogul and former premier who Prodi defeated in 2006 elections, has been pressing for a return to the ballot box. Prodi's description of the proposed national budget for next year sounded both like a pep talk to keep his coalition partners enthusiastic and a campaign rally in case elections are near. "We are proud of this outcome of team play which will help families, businesses and citizens and the weakest members" of society, Prodi told a news conference at the premier's office. The premier boasted that the overall euro11 billion (US$15.6 billion) budget was nearly one-third less than the current year's budget. The budget must be passed by Parliament by the end of 2007, and if past years are any guide, many of the measures approved by the Cabinet could be revised several times before becoming law. With his often rebellious, far-left coalition partners, including Communists, balking over Prodi's aim to reform Italy's generous pension system, the Cabinet decided to put off a decision on that thorny issue until Oct. 12. The far-left had gone into the Cabinet session threatening not to approve the budget unless welfare spending took priority over tax cuts. Prodi told the news conference that reforms to the pension system and hiring rules would be approved at the Oct. 12 session. Economy Minister Tommaso Padoa-Schioppa said Italy's economic growth rate was declining, "but the drop is not dramatic." He also sounded an optimistic note, saying that mortgage crises that have hit financial institutions and consumers hard in the United States, does not seem to be hitting Italy. The government "is keeping all its promises" and "we are operating in a context of healing" Italy's finances, Padoa-Schioppa said. Far-left parties already have forced Prodi to briefly resign over Italy's military mission in Afghanistan, and their opposition to economic reforms has stifled or watered down attempts to liberalize the country's economy and reduce public spending. |
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UAW Wins Job Security Pledges in GM Deal
Labor & Employment |
2007/09/29 11:19
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Local union leaders on Friday endorsed a tentative agreement between General Motors Corp. and the United Auto Workers that requires GM to pay out at least $35 billion for retiree health care, establishes lower wages for thousands of new employees and offers an unprecedented number of promises for future work at U.S. plants, according to a summary of the agreement provided by the UAW. The agreement still is subject to a vote of GM's 74,000 UAW members, which should be completed by Oct. 10. UAW President Ron Gettelfinger said he's confident members will support the agreement and that Ford Motor Co. and Chrysler LLC will match many of its terms. "We're happy with this stuff," he said. GM spokesman Dan Flores said both UAW workers and the company benefit from the agreement. GM didn't release any specifics of the contract Friday; the company typically waits until the contract is ratified to make detailed comments. "Not only does this new agreement enhance the security for employees and retirees, it enables GM to close competitive gaps in our business, and the projected competitive improvements will allow us to maintain a strong manufacturing presence in the U.S. with significant future investments," Flores said. Gettelfinger said he hadn't yet decided whether the union would negotiate with Ford or Chrysler next, but he expects to make that call next week. Both automakers have extended their contracts with the union indefinitely. The linchpin of the deal is a trust fund for retiree health care, known as a Voluntary Employees Beneficiary Association, or VEBA. GM, which has around 340,000 retirees and spouses, wanted to form the VEBA in order to get $51 billion in retiree health care debt off its books. The VEBA will be run by an independent board overseen by the UAW. GM will put $24.1 billion into the VEBA in January 2008 and will pay an additional $5.4 billion to cover retirees' health care costs until the VEBA takes over in January 2010. GM also will make up to 20 additional $165 million payments -- to a maximum of $1.6 billion -- to the VEBA anytime the fund's level is insufficient to provide benefits for at least 25 years. GM also will be required to pay cash interest on a $4.37 billion convertible note for the benefit of the VEBA. The fund's trustees will be able to convert that note to GM stock, which could be a windfall for the fund if GM's share price goes up. GM's active workers also will be required to contribute a small amount of their cost-of-living increases to the VEBA. In a two-page letter to retirees sent Friday, the UAW sought to calm retirees' fears about the VEBA, saying the union supports the fund because it protects retirees' benefits in the event of a downturn or bankruptcy. Retirees don't get to vote on the contract. The UAW was seeking to protect jobs and slow its falling membership in this contract, and Gettelfinger said GM responded with "unprecedented product guarantees." GM committed to building current or existing products at 16 of its 18 U.S. assembly plants, according to the UAW's summary. GM already has announced the closure of a plant in Doraville, Ga., in 2008. A midsize sport utility vehicle plant in Moraine, Ohio, wasn't listed because its workers are represented by the International Electronics Workers-Communications Workers of America. The 16 factories either will continue building their current products or, in most cases, the next generation of those products. A plant in the Detroit area is scheduled to begin producing the electric Chevrolet Volt, one of GM's most anticipated products, in 2010, while a plant in Lordstown, Ohio, is set to get a new subcompact. "The whole thing looks fantastic," said Dave Green, president of one of two local unions in Lordstown. The agreement, he said, preserves wages and health care for active workers "and we've done creative stuff that's going to make the company profitable in North America." But the future of some plants may be in jeopardy. GM's Orion Township plant, which will make the Pontiac G6 mid-sized car until 2013, and the Wilmington, Del. plant, which makes the Pontiac Solstice and Saturn Sky roadsters until 2012, do not have new vehicles listed on the UAW's summary. Eldon Renaud, head of United Auto Workers Local 2164 in Bowling Green, Ky., said production of the Pontiac Solstice and Saturn Sky will move from Wilmington to his plant, leaving Wilmington's future in doubt. The union said assembly line workers will get economic gains totaling $13,056 over the life of the four-year contract. They will get bonuses in each year of the contract, including a $3,000 bonus when the contract is ratified, as well as cost-of-living increases. |
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China Targets Sexy Ads for Ban
International |
2007/09/29 11:18
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China has banned TV and radio ads for push-up bras and figure-enhancing underwear in the communist government's latest move to purge the nation's airwaves of what it calls social pollution. No examples were given, but Chinese television channels have increasingly broadcast late-night infomercials featuring scantily clad women, as well as ads for products that claim to boost sexual performance. Regulators have already targeted ads using crude or suggestive language, behavior, and images, tightening their grip on TV and radio a few weeks ahead of a twice-a-decade Communist Party congress at which some new senior leaders will be appointed. The latest ban by the State Administration of Radio, Film and Television, or SARFT, also bans advertisements for sexual aids including tonics and sex toys, along with "inelegant images" in ads for what it referred to simply as "adult products." The notice indicated that regulators were concerned about both lascivious imagery and outrageous or insupportable claims about some products' benefits or effectiveness. "Illegal 'sexual medication' advertisements and other harmful ads pose a grave threat to society," said the SAFT notice, issued last week and seen Sunday on the administration's Web site. "They not only seriously mislead consumers, harm the people's health, pollute the social environment, and corrupt social mores, but also directly harm the credibility of public broadcasting and affect the image of the Communist Party and the government," the notice said. China has already also issued strict rules for TV talent shows, including the banning of "American Idol"-style mass audience voting by mobile phone text message or the Internet. A few weeks ago, SARFT ordered 11 radio shows off the air in southern and central China for talking too explicitly about sex or for broadcasting material of an "extreme pornographic nature." Regulators have also banned television shows about cosmetic surgery and sex changes, and a talent show that they deemed coarse.
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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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