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Supreme Court allows deportation for aiding car theft
Breaking Legal News | 2007/01/18 11:52
The US Supreme Court ruled Wednesday that an alien convicted for aiding and abetting a theft offense can be deported under the Immigration and Nationality Act (INA). In Gonzales v. Duenas-Alvarez, Luis Alexander Duenas-Alvarez, a legal permanent resident, pleaded guilty to the unlawful driving or taking of a vehicle in violation of California law - Cal. Veh. Code Ann. §10851(a) - and the Department of Homeland Security took steps to remove him from the country under the INA, specifically under 8 USC §1101(a)(43)(G). The immigration judge hearing the case and the Board of Immigration Appeals dismissed Duenas-Alvarez's appeal, but the US Court of Appeals for the Ninth Circuit disagreed in light of its recent decision in Penuliar v. Ashcroft, where the Ninth Circuit held that violating §10851(a) of the California Vehicle Code is not a theft offense under the INA.


Court upholds killing of 'Wal-Mart bill'
Court Watch | 2007/01/18 08:52

A federal appeals court on Wednesday said the State of Maryland may not require large retailers (Wal-Mart was the target) to spend 8 percent of their payrolls on health care for employees. In a 2-1 ruling, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling that said Maryland's law violated the Employee Retirement Income Security Act. (That federal labor law says companies may offer uniform health benefits across the country rather than deal with a variety of state requirements.)

"Hopefully this will send a message to other states," said the American Legislative Exchange Council (ALEC), a group that represents the interests of state lawmakers and advocates free-market policies. According to ALEC, five other states - Indiana, Minnesota, Missouri, Mississippi and New York -- have all filed "Fair Share" bills like the one that became law in Maryland. A Wal-Mart defense group -- Working Families for Wal-Mart -- applauded the appeals court ruling.



UN SG Ban concerned over stalled Hariri tribunal
International | 2007/01/18 06:54

UN Secretary-General Ban Ki-moon said Wednesday that he is concerned about the status of ongoing discussions between the UN and Lebanon on the proposed UN-supported international tribunal to try suspects accused of assassinating former Lebanese Prime Minister Rafik Hariri in February 2005. Ban said:

It is important that the Security Council has decided to establish a special tribunal. The United Nations has concluded agreement with the Lebanese Government. It is a source of concern for me, as Secretary-General, that we are not being able to establish a special tribunal, as was mandated by the Security Council. At the same time, I was encouraged by the willingness of the Lebanese Government to work together for the establishment of a special tribunal, including President Lahoud and Speaker of the Parliament Berri. I will discuss again this matter with the Lebanese leaders when I meet them in Paris.

The Lebanese cabinet approved a draft plan for the tribunal in November despite the resignation of all six pro-Syrian members. In December, Lebanese President Emile Lahoud formally refused to endorse the document, calling on the cabinet to take up the proposal again "when there is a legitimate and constitutional government."

The measure has been approved by the UN but requires backing by both Lahoud and the Lebanese parliament before the tribunal can said to have been formally accepted. 



Clark Hill PLC Law Firm Opens Chicago Office
Law Firm News | 2007/01/18 06:44




The Michigan-based law firm of Clark Hill PLC has opened an office in downtown Chicago, firm CEO John Hern announced today. Attorneys Tina M. Bird, W. Kent Carter, Richard H. Chapman, James M. Drake, Edward L. Filer, Gary E. Green, and Fuad R. Sulayman have joined as members in the Chicago office. Clark Hill Chicago offers a full line of legal services with a concentration in the construction, real estate, manufacturing and financial services industries, and is located at 150 North Michigan Avenue.

"We are very excited to announce the addition of these talented individuals to our team, and equally pleased to be able to offer our clients the enhanced benefits of service across the Midwest," John Hern said.

In addition to the seven attorneys presently practicing in the Chicago office, the firm plans to significantly increase the number of attorneys during the coming year.

Edward L. Filer will serve as the managing member of the firm's Chicago office. Filer has more than 15 years of experience as a business counselor and trial lawyer for businesses of all types, including the construction and real estate industries. Filer maintains a national practice and in 2006 his peers recognized him as an Illinois Leading Lawyer® in Construction Law and Privately Held Companies.

"We are looking forward to our role within such a highly regarded firm and carrying on in the Clark Hill tradition of dedication to client service and providing superior legal expertise," Filer said. "Each of the attorneys in our office offers substantial client experience in his or her respective area, and we look forward to providing enhanced resources to our current and future clients in the Chicago market."

Tina M. Bird joins Clark Hill with more than 10 years of experience in construction and commercial litigation matters, in which she represents contractors, owners, developers, subcontractors and design/builders in contract drafting and negotiation, payment disputes, delay damage claims, defective work claims and other construction disputes. She also represents clients in insurance related disputes.

W. Kent Carter focuses his practice on commercial litigation, with a concentration on the Uniform Commercial Code, including secured transactions, commercial sales, equipment leasing and negotiable instruments. He has more than 9 years of experience representing clients in complex contract disputes and business torts in state, federal, bankruptcy and appellate courts. Carter has defended numerous class actions in both state and federal courts, including actions for violation of the consumer fraud statutes, the Fair Debt Collection Practices Act, the Credit Repair Organization Act, and the Fair Credit Reporting Act.

Richard H. Chapman has more than 23 years as a business counselor and trial lawyer representing businesses of all types, including financial institutions, professional service providers, manufacturers and distributors in litigation in state and federal trial and appeals courts and bankruptcy courts, as well as in arbitration, throughout the United States. Clients have consistently recognized both his strategic guidance and depth of business and legal experience resulting in favorable outcomes. His peers have recognized him as a 2006 Illinois Leading Lawyer® and an Illinois Super Lawyer.®

James M. Drake has more than 23 years of experience as a corporate counselor to both privately and publicly held companies. Drake focuses his practice on business and corporate transactions and commercial finance and secured transactions. He represents start-up businesses and established entities in all types of corporate and business representation, including: mergers, acquisitions and divestitures; corporate, limited liability and partnership organization; structuring and dissolution; and drafting and negotiating all types of corporate agreements and documentation. Drake has been recognized by his peers in as an Illinois Leading Lawyer® in the area of Closely and Privately Held Business Law.

Gary E. Green has more than 18 years of experience representing financial institutions, equipment lessors, in foreclosures, receiverships, lender liability, bankruptcy and restructuring in both state and federal courts throughout the United States. His experience also includes loan documentation, portfolio sales and purchases, and U.S. Small Business Administration loan programs.

Fuad R. Sulayman concentrates his practice on healthcare law, complex commercial litigation, and medical malpractice. Sulayman has represented physicians and has significant trial experience in both state and federal courts throughout the United States.

Clark Hill PLC is headquartered in Detroit, and has offices located throughout Michigan. The firm is a full service law firm, and is ranked among the Top 10 Largest Law Firms in the state of Michigan.(a)

(a)According to Crain's Detroit Business (03.06.06)

Firm Profile

Since 1890, Clark Hill PLC has been serving the business, government, non-profit and personal needs of clients. Clark Hill has offices in Detroit, Birmingham, Grand Rapids, and Lansing, Michigan, and Chicago, Illinois. Clark Hill is a full service law firm with more than 170 attorneys. For more information,

visit www.clarkhill.com.




Iraqi leaders agree on draft oil law
International | 2007/01/18 05:18
Iraqi officials have agreed a final draft of a law that sets rules for sharing Iraq’s oil wealth and aims to bring in billions of dollars of foreign investment to rebuild the mainstay of the economy.

But crucially, international oil firms waiting for access to the world’s third biggest oil reserves will find little detail in the draft about the form future deals will take. They are likely to hold off major commitments until there is clarity. The draft calls for a federal committee headed by the prime minister to oversee future contracts and review deals signed under Saddam Hussein or by the Kurdish regional government, oil ministry spokesman Asim Jihad said.

Passing an oil law to help settle potentially explosive disputes among Iraq’s ethnic and sectarian communities over the division of oil reserves has been a key demand of the United States in providing further military support to the government.

Iraq’s Oil Committee of senior national and regional leaders has been drawing and redrawing the document for months and missed its own deadline of finalising it by the end of 2006.

The Oil Committee, headed by Deputy Prime Minister Barham Salih, will send the draft to cabinet next week for approval. After that it will go to parliament. Officials hope that the broad base of the negotiating team means it will pass easily. The final draft was in line with earlier versions described last month after a previous round of talks.

A national oil company will be set up to develop production and exports and the law is intended to ensure development of the oil industry across Iraq’s regions, Jihad said. It establishes a mechanism for centralising oil revenues and distributing them to the regions. Jihad refused to say who will negotiate with the international firms but explained a federal council will have the final word on approving the contracts.

The division of oil is a key factor in communal tensions in Iraq. The southern oil fields around Basra lie in territory controlled by competing factions of the dominant Shi’ite Islamist political forces, The northern fields lie on the edge of Iraqi Kurdistan around the city of Kirkuk. Kurds want to annexe the city as their regional capital. The Sunni minority is concentrated in Baghdad and regions immediately to the north and west where there are few known hydrocarbon reserves.



Bush urged Congress to pass the Nondiscrimination Act
Breaking Legal News | 2007/01/18 04:57

President Bush Wednesday urged Congress to pass the Genetic Information Nondiscrimination Act of 2007, promoting genetic testing for disease by making genetic discrimination illegal. In a speech at the National Institutes of Health, Bush said "If a person is willing to share his or her genetic information, it is important that that information not be exploited in improper ways - and Congress can pass good legislation to prevent that from happening. In other words, we want medical research to go forward without an individual fearing of personal discrimination."

Genetic nondiscrimination legislation was passed unanimously by the Senate in 2003 but failed in the House of Representatives. Representative Louise Slaughter (D-NY) reintroduced the latest bill this week. If passed, it will establish "a national and uniform basic standard is necessary to fully protect the public from discrimination and allay their concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing , technologies, research, and new therapies."



USA, Peru Free Trade Pact needs 'adjustments'
World Business News | 2007/01/18 02:42
The government of the United States must separately renegotiate specific labor clauses in Trade Promotion Agreements with Colombia and Peru before they can be sent to U.S. Congress for approval.

“It is clear that some substantive adjustments to that chapter are needed before Congress takes it”, Deputy U.S. Trade Representative John Veroneau told journalists. The majority of Democrats have always insisted that the agreements to include what they call ''core International Labor Organization standards'' in the texts themselves and since the Democrats took over the majority in Congress and the House in the recent Midterm elections, the current text virtually stands no chance for ratification.

Veroneau said he hopes that "a new model" can be formulated during the next months so that Congress may then agree to the pacts by mid 2007. He said that the governments of Peru, Colombia, and also Panama, have been informed that “substantial adjustments" are necessary.

However, later on, Gretchen Hamel, spokeswoman for Veroneau's office, emitted an official note in which she explained that those adjustments could be made through "some binding instrument and it is not necessary to reopen the text of the agreement''.

Obviously the Bush administration wasn't too pleased with Veroneau's statements, particularly the word "renegotiate" sounded too dramatic within that context. Diplomatic sources indicated that Peru is arranged "to clarify" the labor subjects in some sort of side agreement or add-on to the PTPA, but not to renegotiate the deal by itself.

In Lima, the general coordinator of the PTPA with the U.S.,  Eduardo Ferreyos, said that a revision of the labor subject could be made via an attached document but not by means of a renegotiation because it would imply to start negotiations from scratch.


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