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Microsoft Fails to Win Approval On File Format for Office
Venture Business News | 2007/09/04 06:20

Microsoft Corp. failed to win approval for its Office software file format to be considered an international standard, losing a closely watched vote that reflects the software giant's broader battles in Europe and around the world.

Voting on the file format, called Open XML, closed Sunday at the International Organization for Standardization, or ISO. To become a standard, Open XML needed to meet two criteria; it missed both -- albeit narrowly in one case. File formats are the rubrics used to turn bits of data into business letters, spreadsheets and presentations.

A spokesman at ISO, the primary international body that ratifies standards on everything from the size of nuts and bolts to the technical specifications of computer codes, declined to comment, saying the group was preparing an announcement about the vote.

The standards struggle -- which has pitted Microsoft against open-source advocates and traditional rival International Business Machines Corp. – is important because it speaks to the issue of who should control the digital codes used to store billions of documents. Microsoft sought to have its document formats adopted as a standard in part to allay concerns that it keeps rivals from developing competing office software.

The vote isn't the end of the line for Microsoft. The standards issue now enters another phase during which the company has a chance to convince disapproving countries to change their minds. In a statement, a Microsoft executive, Tom Robertson, said he was "extremely delighted" that 74% of the countries voted to support Open XML as a standard. Microsoft needed 75%. Microsoft fell shorter in the other requirement, that two-thirds of a key group of countries vote yes. According to people familiar with the matter, 53% in the key group did so.

The approval of the Open XML format has been a central plank in Microsoft's platform to convince governments and regulators that it is playing nice in the markets for computer software it dominates.

The ISO vote comes at a critical time for the Redmond, Wash., company, which is awaiting a ruling in a European antitrust case, due Sept. 17, that is expected to have broad ramifications for regulators' approach to the company. In Europe, authorities are also mulling a separate antitrust complaint alleging that Microsoft has used its Office file formats to block competitors from the market. Without knowing exactly how a Word document is formatted, for instance, a rival has a hard time selling software that works with Word documents.

Microsoft has also faced resistance from some government bodies worried that by storing documents in the Office format, they'll be forever locked in to buying Microsoft software to decode them. Microsoft has pressed for the new format's acceptance as a open standard in part to defuse these concerns.

Critics charge that standardization would put an international imprimatur on a format that, while nominally open, is still largely directed and controlled by Microsoft.

The balloting has been contentious. Opponents have charged Microsoft with packing national committees from Italy to Kenya with its allies in order to win votes at ISO. Microsoft accuses IBM of stirring up opposition. There are 104 countries at ISO; it appears many abstained in the vote.

Those opposed to Open XML say it isn't really open at all -- that it is actually so complex and so loaded with Microsoft-specific features that no one but Microsoft can use it fully. Critics also allege technical failings and say the format needlessly duplicates an existing format, called Open Document, used by IBM and many open-source programmers.

Microsoft says it has opened up the Office formats to encourage competition and interoperability, not squelch it. Open XML should be a standard in addition to Open Document, Microsoft argues, because Open XML allows for more features.



Thai court issues warrant for former prime minister
International | 2007/09/04 04:22

A Thai court issued arrest warrants yesterday for former prime minister Thaksin Shinawatra and his wife over their alleged violations of stock-trading laws.

It is the second set of warrants issued in the past month against Thaksin, who has been living abroad since he was ousted in a bloodless coup almost a year ago. The other case involved conflict of interest related to the sale of Bangkok real estate.

Sunai Manomaiudom, director-general of the Department of Special Investigation, said the Bangkok Criminal Court had issued the warrant at his agency's request.

Thaksin has denied all allegations against him, and has said he will not return to Thailand until after new elections are held at the end of this year.

Thaksin was deposed last September after the country fell into a political crisis due to mass demonstrations demanding he step down because of alleged corruption and abuse of power.

He became a billionaire in the telecommunications sector before entering politics and serving as prime minister since 2001. A controversial business deal by his family, the sale early last year of its telecommunications company Shin Corp to a Singapore state investment company, was a major cause of public discontent.

The new warrants for Thaksin and his wife, Pojamarn, involve charges of violating regulations requiring disclosure of corporate information to the Stock Exchange of Thailand.

Pichit Chuenban, a lawyer for Thaksin's family, said he would inform the former prime minister of yesterday's court action, and advise him not to return to fight the case for the time being "because the situation in the country is not normal."

"We think he should return only after we have an elected government," Pichit said. Thailand is currently administered by an interim civilian government, but a military council exercises power behind the scenes and is intensely hostile toward Thaksin.

Sunai had earlier said Thaksin and other family members controlled nearly 80 percent of SC Asset, a real estate company, both directly and through nominee companies, and sold their interests to outside parties last year.

They are charged with violating disclosure rules, both by failing to report their ownership and failing to report the sale of shares.

Each violation of the exchange's regulations carries a maximum penalty of two years in prison and a fine of US$15,500.

Sunai said Thaksin is also suspected of violating a law on Cabinet members holding company shares, which carries a maximum penalty of 10 years in prison and a US$31,000 fine.



Google patent sparks G-phone speculation
Venture Business News | 2007/09/04 02:24

Google has filed a patent application for a mobile payment system, fuelling rumours that the search giant may launch a mobile phone.

The patent application covers a system that would allow consumers to pay for services via text message.

Dubbed 'GPay', the service would involve sending an SMS to Google which would then pay the retailer and charge the cost to the consumer.

"We file patent applications on a variety of ideas that our employees come up with. Some of those ideas later mature into real products or services, and some do not," a Google spokesperson told The Times.

The search firm has already worked with mobile phone providers, including LG, to ensure that its search page is included for mobile internet users.

There have been persistent rumours that Google is planning shortly to launch a cheap internet-enabled mobile phone.



Law firm files investor lawsuit against Motorola
Business | 2007/09/01 23:06

Another law firm has filed an investor suit against Motorola Inc., claiming executives didn’t tell the market how bad things were last fall as sales began to slow.

Schiffrin Barroway Topaz & Kessler LLP filed suit last Wednesday in U.S. District Court for the Northern District of Illinois on behalf of investors who bought Motorola shares between July 19, 2006, and Jan. 4.

Motorola’s shares peaked at $26.30 on Oct. 13. On Monday, the stock price was below $17 per share.

The suit claims Motorola did not disclose problems with its product line and geographic challenges in Europe that led it to miss its forecasts in the third and fourth quarters.

Named in the suit are CEO Edward Zander; Ron Garriques, former head of mobile devices; David Devonshire, former chief financial officer; Greg Brown, then-executive vice-president of networks; Daniel Moloney, president of connected home solutions; Richard Nottenburg, chief strategy officer; and Padmasree Warrior, chief technology officer.

“We will vigorously defend ourselves against these claims,” a Motorola spokeswoman said.

Executives, excluding Mr. Zander, sold more than $26 million worth of stock during the period, according to the suit.

The Schiffrin law firm is based in Radnor, Pa. Last month, the law offices of Bernard Gross, based in Philadelphia, and Brodsky & Smith of Bala Cynwyd, Pa., each filed suit, also seeking class-action status.



Employee class action suit may hit Circuit City
Class Action | 2007/08/31 09:37
The California Supreme Court handed workers a major victory Thursday, allowing them to bring class-action lawsuits alleging labor code violations even if they had signed agreements with their employers requiring them to arbitrate such disputes. By letting workers bypass these now-ubiquitous arbitration clauses, the ruling probably will add to the high volume of back-pay and overtime class-action cases already on court dockets, experts say, and will probably set a standard for courts in other states to follow.

"For many workers, class-action lawsuits are the only type of lawsuits they can bring against their employer" because attorneys are reluctant to take on individual suits in which the potential awards are small, said Michael Rubin, a San Francisco lawyer who represented a former Circuit City worker in the case that went to the state Supreme Court.

"Today's decision prevents employers from continuing this divide-and-conquer approach and reinstitutes the worker's rights to join with their fellow workers to sue for common violations of statutory rights," Rubin said.

Some of the primary beneficiaries of the ruling would be thousands of white-collar workers in industries such as retail, food service, insurance, technology and banking who are called managers or assistant managers but who spend much of their day ringing up sales, stocking shelves or sweeping the floor alongside the workers they supervise.

Class-action lawsuits by such employees seeking back pay for overtime and missed breaks have risen dramatically over the last decade. Most eventually settle, with employers typically paying millions of dollars to avoid the prospect of bigger losses at trial. In response to these suits, thousands of employers have asked their workers to sign agreements promising to resolve their disputes through arbitration instead of going to court, Rubin said.

Thursday's decision centered on the agreement that Circuit City asked its 46,000 employees to sign, waiving their right to file a class-action lawsuit and limiting damages, the statute of limitations to bring their claims and the attorney fees they could recover.

In a 4-3 ruling, the high court said that some of those agreements undermined employees' "unwaivable statutory rights" and "pose a serious obstacle to the enforcement of the state's overtime laws."

"Corporations are trying to wipe out their employees' ability to hold them accountable" by barring class actions in wages-and-hours cases, employment discrimination and sexual harassment cases, said Arthur Bryant, executive director of Washington-based Public Justice, a public interest law firm that filed an amicus brief on behalf of the plaintiff in the Circuit City case. Thursday's ruling, he said, "essentially preserves employment class actions in California."

The decision follows a ruling two years ago in which the justices invalidated an arbitration clause barring bank customers from bringing class actions to resolve consumer disputes. This month, a San Francisco federal appeals court ruled that Cingular Wireless could not compel customers to sign away their right to file class-action lawsuits against the company. That ruling applies in several Western states.

The Circuit City case was filed by former customer service manager Robert Gentry in 2002, claiming that the retailer had illegally denied him overtime pay. The Los Angeles resident signed an arbitration agreement when he began working for the company in 1995 but later claimed that the agreement violated state labor laws and was unconscionable because employees were coerced into signing and feared retaliation if they didn't.

Circuit City countered that the agreement was not unfair to workers, noting the documents highlighted the advantages of arbitration for employees -- for instance, that their disputes could be resolved faster and more cost-effectively than through litigation. Moreover, the retailer argued that employees had 30 days to opt out of the agreement once they signed it and Gentry had not done so.

The trial and appellate court judges agreed with those arguments and rejected Gentry's claim.

But the Supreme Court called the company's "explanations of benefits . . . markedly one-sided" for failing to mention "any of the additional significant disadvantages" of Circuit City's agreement. For instance, the agreement limited back pay to one year, but an employee filing suit could potentially recover up to three years of back pay.

The high court did not issue a blanket ban on provisions such as the one Gentry signed but remanded his case to the trial court, instructing it to void such agreements if employees can more effectively pursue their rights through class actions.

Circuit City pointed to the lack of a blanket ban as a silver lining in an otherwise disappointing loss and expects "that when the Superior Court considers this case in light of the Supreme Court's new decision, it will once again fully enforce our arbitration agreement," said Jim Babb, company spokesman.

Lawyers say the ruling will spark more class actions.

The decision "dashes the hopes of employers that contractual class-action waivers will be an effective tool to stem the flow of debilitating class-action litigation," said Colleen Regan, a Los Angeles attorney who represents employers.

The "good news," she said, is that the decision does not affect the viability of a "properly constructed arbitration agreement" that does not bar class actions and meets other legal requirements.

Although the Gentry decision binds only California employers, it will probably undermine arbitration waivers nationally. California law tends to set the standard in labor cases, Regan said. "National companies really desire consistency in their human resources policy, so they set the bar at California," she said.

Circuit City operates 652 stores nationwide, including 90 in California.


Mayor's son pleads guilty in casino scam
Court Watch | 2007/08/31 08:38

Jacob Nickels, the son of Seattle Mayor Greg Nickels, pleaded guilty in federal court Thursday to one count of conspiracy in connection with a casino card-cheating scam based in California. Flanked by his defense attorney and seated in front of his parents and other supporters, Nickels, 26, acknowledged to U.S. Magistrate Judge Mary Alice Theiler that in 2005 he took a bribe from an international card-cheating ring while he was pit boss at the Nooksack River Casino in Deming, Whatcom County.

"We're very pleased he came forward and accepted responsibility for his actions," said Assistant U.S. Attorney Tate London.

Nickels, who smiled after the hearing and accepted hugs from well-wishers, declined to comment. He is scheduled to be sentenced before U.S. District Court Judge John Coughenour on Dec. 14.

Nickels' attorney, Jeffery Robinson, said Nickels had expressed a desire to plead guilty since he was charged.

Nickels, who had worked his way up from dealer to pit boss at the Nooksack Tribe's casino, was accused of accepting $5,000 to introduce one of the ring's alleged co-conspirators to two of his friends who were dealers at the casino, according to a federal indictment unsealed in May.

Nickels was charged at that time with one count of conspiracy and four counts of theft of funds from a gaming establishment on Indian lands.

Federal prosecutors agreed to drop the four theft charges in exchange for his guilty plea on the conspiracy charge.

The mayor said in a statement that the case has proved to be "a difficult time for our family.

"Jake today is taking an important step in accepting responsibility for his actions. Although this brings us closer to resolution, it's not over. We love him and will stand by him throughout."



Bernanke Says Fed Will Do What's Needed
Securities | 2007/08/31 08:32
Federal Reserve Chairman Ben Bernanke pledged Friday that the central bank will "act as needed" to keep the credit crisis that has unhinged Wall Street from hurting the national economy.In anxiously awaited remarks, Bernanke didn't specify what the Fed's next move will be but made clear policymakers are keeping close tabs on the problem, which has roiled investors in the United States and around the globe. Even as Bernanke vowed Fed action, he sought to temper investors' expectations.

"It is not the responsibility of the Federal Reserve — nor would it be appropriate — to protect lenders and investors from the consequences of their financial decisions," Bernanke said. "But developments in financial markets can have broad economic effects felt by many outside the markets, and the Federal Reserve must take those effects into account when determining policy."

President Bush, meanwhile, said the economy was strong enough to deal with turbulence on Wall Street.

Bush, speaking in the Rose Garden, said he was briefed on the financial markets by Treasury Secretary Henry Paulson.

"The markets are in a period of transition as participants reassess and reprice risk," the president said in a rare comment about Wall Street. "This process has been unfolding for some time and it's going to take more time to fully play out. As it does, America's overall economy will remain strong enough to weather any turbulence."

Many believe the odds are growing that the Fed will cut its most important interest rate, now at 5.25 percent, by at least one-quarter percentage point on or before Sept. 18, its next regularly scheduled meeting. The Fed hasn't lowered this rate in four years.

The Fed "will act as needed to limit the adverse effects on the broader economy that may arise from the disruptions in financial markets," Bernanke told an economics conference here.

On Wall Street, stocks rose after the Fed chief's remarks. The Dow Jones industrials were up around 90 points in late-morning trading.

To guide the Fed in terms of what its next move will be, Bernanke said policymakers will pay especially close attention to the "timeliest indicators" as well as information gleaned from businesses and banks around the country. Economic data that was taken before the credit markets really seized up in August will be much less useful to policymakers to assess the country's economic health, he explained.

It was his first speech — and his most extensive comments — since the credit crunch took a turn for the worst in August. The carnage in credit markets and the turmoil on Wall Street pose the biggest test of Bernanke's skills since taking the Fed helm 19 months ago.

President Bush was announcing steps Friday to aide homeowners who are having trouble making the payments on risky mortgages.

The Fed's most important interest rate, called the federal funds rate, has been at 5.25 percent for more than a year. Any reduction to this rate would mean lower interest rates for millions of people and businesses. That's why it is the Fed's main tool for influencing economic activity.

After listening to Bernanke's speech, John Makin, principal at Caxton Associates Inc., believed the Fed was moving "a tiny bit closer" to a rate cut.

In his remarks to a high-profile conference here on housing sponsored by the Federal Reserve Bank of Kansas City, Bernanke discussed some of the steps the Fed has taken so far to deal with the credit crunch.

While problems were triggered largely by heightened concerns about higher-risk "subprime" mortgages made to people with blemished credit histories or low incomes, Bernanke said "global financial losses have far exceeded even the most pessimistic projections of credit losses on those loans."

To stabilize wobbly markets, the Fed on Aug. 17 sliced its lending rate to banks by a half percentage point to 5.75 percent. It also has pumped billions of dollars into the financial system to help banks and other institutions get through the credit hump and carry out their business.

The Fed's main concern, however, is the extent to which these problems might short-circuit economic growth.

"The further tightening of credit conditions, if sustained, would increase the risk that the current weakness in housing could be deeper or more prolonged than previously expected, with possible adverse effect on consumer spending and the economy more generally," Bernanke said.

The fear is that if credit continues to become harder for people and businesses to get, spending and investment will be crimped. That could hurt overall economic growth. In a worst-case scenario, the country could slide into a recession. Credit is the economy's life blood. It allows people to finance big-ticket purchases such as homes and cars and can help businesses bankroll expansions and other things that can boost hiring.

After a five-year boom, the housing market went bust last year; problems are expected to persist well into next year as builders try to whittle down a glut of unsold homes.

During the housing slump, a combination of higher interest rates and weaker home values clobbered homeowners, especially those with blemished credit histories or low incomes holding higher-risk "subprime" loans.

With squeezed homeowners finding it impossible to make their mortgage payments or pay them in a timely fashion, foreclosures and delinquencies are soaring and are expected to get worse. Lenders have been forced out of business, and hedge funds and other big investors in subprime mortgage securities also have taken a big financial hit.

Very low initial "teaser" rates jumping to much higher rates as they reset are socking some homeowners. Analysts estimate 2 million adjustable-rate mortgages will reset this year and next. Steep prepayment penalties have made it difficult for some to get out of their mortgages. Some overstretched homeowners can't afford to refinance or even sell their homes.

Most of the carnage has been in the subprime market, but problems have spread to other more creditworthy borrowers. That has sent investors into periods of panic in recent weeks, causing stocks on Wall Street to careen wildly.



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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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