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Venezuela asks UK court to lift Exxon asset freeze
Legal World News |
2008/02/29 13:42
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Venezuela's state oil company has asked a British court to lift a $12 billion freeze granted to U.S. oil major Exxon Mobil pending arbitration over the seizure of oil fields in the South American country.
Lawyers for PDVSA argued on Thursday that the court had no right to impose the freeze because the assets under dispute, the parties and the arbitration that Exxon has applied for were not in or connected with Britain.
Leftist President Hugo Chavez told foreign oil companies last year to cede a majority stake in oil projects or leave the country. Most agreed and accepted bids for stakes in their projects from PDVSA that analysts said were below market value. Exxon opted to pull out rather than concede and has applied for international arbitration to win damages.
Pending the outcome, America's largest company convinced courts in Britain, the United States and the Netherlands to freeze Venezuelan assets to ensure funds for compensation.
Acting for PDVSA, lawyer Gordon Pollock told the court, "It is not the role or function of the English courts to offer worldwide freezing orders" to anyone who asked for them.
Pollock said the English court had stretched beyond its jurisdiction in this instance given such asset freezes were normally only awarded in cases involving "egregious fraud".
"This is not a fraud case ... it is a contractual dispute." In Caracas, Venezuela's Oil Minister Rafael Ramirez said Venezuela made three basic arguments against the ruling.
First, the asset freeze was outside the arbitration process, which PDVSA was following in good faith. Second, PDVSA is a state company and therefore should be immune from such freezes, he said.
Finally, he said such freezes were used against companies in financial difficulties, which was not the case for PDVSA -- a company industry analysts believe can easily pay Exxon compensation for its seized assets.
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How to find a good lawyer
Attorney Blogs |
2008/02/29 12:50
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Q: I am looking for a lawyer and would like some tips on how to find a good one. Do all Illinois lawyers receive the same training? A: In order to be licensed to practice law in Illinois, a lawyer must receive a law degree from an accredited law school and pass the state bar exam and an ethics exam. Law school is typically a three-year program after undergraduate school. Once a lawyer passes the bar and is licensed by the Illinois Supreme Court, the lawyer can practice all types of law - from real estate to estates to divorce to contracts to civil and criminal litigation in the courtroom. There really is no limitation as to the areas of practice except patent law. As a practical matter, in my experience most lawyers fresh out of law school know little about the practical aspects of practicing law and usually learn how to practice law on the job, often working at a law firm with experienced lawyers or reading how-to books in the law library. If you have a matter that involves significant dollars or important legal issues, the first question you should determine is the attorney's experience in the applicable area of the law. That is not to say that an inexperienced lawyer will not do a good or adequate job, but it is common sense that, as in most occupations, experience matters. It is also important to find a lawyer you trust because you will want the lawyer to give you objective and unbiased advice. Practicing law is a business as well as a craft, and some lawyers are more interested in your money than your case. A good way to start a search for a qualified lawyer is to ask a relative, friend, business associate or someone you trust for a recommendation based on their personal experience. Also, if you have a lawyer whom you trust who does not practice in the area in which you need legal representation, ask the lawyer for a recommendation on a lawyer who is familiar with that area of practice. When you decide to retain a lawyer, make sure that she carries malpractice insurance. Illinois lawyers are not required to carry malpractice insurance, but they are required to report whether they have such coverage. You can find out whether a lawyer has malpractice insurance at www.iardc.org - the Web site of the Illinois Attorney Registration and Disciplinary Commission, an agency of the state Supreme Court that keeps records for lawyers in Illinois and handles complaints of professional misconduct. This Web site also can tell you if the lawyer has been disciplined or whether there are any disciplinary actions pending against him. It is a good resource for the public and should be utilized in the process of hiring a lawyer. |
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Court rules unconstitutional Va. taxing authority
Lawyer News |
2008/02/29 12:36
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American International Group Inc., the largest insurer in the U.S., lost more than $5 billion in the fourth quarter as bad credit ate into its investments, the company said Thursday. AIG has been thrust to the forefront of the credit crisis gripping financial markets by contracts known as credit default swaps. These swaps pledge to cover missed payments on $579 billion in debt. AIG's swap portfolio lost $11.12 billion in value during the fourth quarter because decaying credit quality means the insured debt is less likely to be repaid. AIG also lost more than $3 billion in its investment portfolio because of "significant, rapid declines" in the value of mortgage debt. AIG lost $5.29 billion, or $2.08 per share, in the fourth quarter, compared with profit of $3.44 billion, or $1.31 per share, in the fourth quarter of 2006. For all of 2007, AIG earned $6.2 billion, or $2.39 per share, compared with $14.05 billion, or $5.36 per share, in 2006. "AIG's results in 2007 were clearly unsatisfactory," AIG's chief executive, Martin J. Sullivan, said in a statement. "This was a challenging year in which the deterioration of both the U.S. residential mortgage and credit markets significantly affected several of our operations and investments." Donn Vickrey, an analyst with Gradient Analytics, said AIG's management is under pressure to demonstrate it grasps the risks the company has taken. The deterioration in the value of the swaps is more than double an estimate the company made just two weeks ago. At the end of the third quarter, AIG thought the portfolio of swaps had lost $352 million in value. "They definitely seem to be right in the cross-hairs," Vickrey said. "They're insuring a lot of the risks that are rapidly becoming problematic." AIG claims the losses on the portfolio swaps are only on paper because the debt the swaps protect is still stellar — just the market value of the contracts has fallen. As long as the insured debt does not go into default, the losses on the swaps will reverse over time, the company said. The company's general insurance division posted a 22 percent decline in income to $2.02 billion. The division's mortgage insurance business, United Guaranty, posted a steep loss because flagging home prices have squashed the incentive and means for borrowers to repay home loans. The life insurance division posted a 51 percent drop in profit, to $1.29 billion, because of bad investments. The lawsuit against the agency was filed by Virginia Delegate Robert G. Marshall, who was joined by the National Taxpayers Union and Loudoun County. They say the NVTA has no legal right to levy the taxes that it started collecting Jan. 1. The $326 million a year in new taxes the NVTA seeks to raise would be imposed on motorists, property sellers and hotel guests. |
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Insurer AIG Posts $5.3B Loss in 4Q
Business Law Info |
2008/02/29 12:35
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American International Group Inc., the largest insurer in the U.S., lost more than $5 billion in the fourth quarter as bad credit ate into its investments, the company said Thursday. AIG has been thrust to the forefront of the credit crisis gripping financial markets by contracts known as credit default swaps. These swaps pledge to cover missed payments on $579 billion in debt. AIG's swap portfolio lost $11.12 billion in value during the fourth quarter because decaying credit quality means the insured debt is less likely to be repaid. AIG also lost more than $3 billion in its investment portfolio because of "significant, rapid declines" in the value of mortgage debt. AIG lost $5.29 billion, or $2.08 per share, in the fourth quarter, compared with profit of $3.44 billion, or $1.31 per share, in the fourth quarter of 2006. For all of 2007, AIG earned $6.2 billion, or $2.39 per share, compared with $14.05 billion, or $5.36 per share, in 2006. "AIG's results in 2007 were clearly unsatisfactory," AIG's chief executive, Martin J. Sullivan, said in a statement. "This was a challenging year in which the deterioration of both the U.S. residential mortgage and credit markets significantly affected several of our operations and investments." Donn Vickrey, an analyst with Gradient Analytics, said AIG's management is under pressure to demonstrate it grasps the risks the company has taken. The deterioration in the value of the swaps is more than double an estimate the company made just two weeks ago. At the end of the third quarter, AIG thought the portfolio of swaps had lost $352 million in value. "They definitely seem to be right in the cross-hairs," Vickrey said. "They're insuring a lot of the risks that are rapidly becoming problematic." AIG claims the losses on the portfolio swaps are only on paper because the debt the swaps protect is still stellar — just the market value of the contracts has fallen. As long as the insured debt does not go into default, the losses on the swaps will reverse over time, the company said. The company's general insurance division posted a 22 percent decline in income to $2.02 billion. The division's mortgage insurance business, United Guaranty, posted a steep loss because flagging home prices have squashed the incentive and means for borrowers to repay home loans. The life insurance division posted a 51 percent drop in profit, to $1.29 billion, because of bad investments. |
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Businessman gets 33 months for contract fraud
Court Feed News |
2008/02/29 11:49
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A Chicago-area businessman has been sentenced to 33 months in prison for helping an American subsidiary of Siemens AG land a fraudulent contract with Cook County's Stroger (STROH'-jer) Hospital. Faust Villazan of Western Springs pleaded guilty in May to one count of wire fraud and one count of mail fraud. Villazan is the former owner of the since-dissolved Faustech Industries. The company qualified as a minority-owned business and allegedly posed as a 30% partner with the Siemens subsidiary when the larger company sought the $49 million contract. The Siemens subsidiary was also ordered to pay $2.5 million in fines and restitution. |
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Bush will press for action on surveillance bill
Law & Politics |
2008/02/28 17:00
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President Bush said Thursday that the country is not headed into a recession and, despite expressing concern about slowing economic growth, rejected for now any additional stimulus efforts. "We've acted robustly," he said. "We'll see the effects of this pro-growth package," Bush told reporters at a White House news conference. "I know there's a lot of, here in Washington people are trying to — stimulus package two — and all that stuff. Why don't we let stimulus package one, which seemed like a good idea at the time, have a chance to kick in?" Bush's view of the economy was decidedly rosier than that of many economists, who say the country is nearing recession territory or may already be there. The centerpiece of government efforts to brace the wobbly economy is a package Congress passed and Bush signed last month. It will rush rebates ranging from $300 to $1,200 to millions of people and give tax incentives to businesses. On one issue particularly worrisome to American consumers, there are indications that paying $4 for a gallon of gasoline is not out of the question once the summer driving season arrives. Asked about that, Bush said "That's interesting. I hadn't heard that. ... I know it's high now." Bush also used his news conference to press Congress to give telecommunications companies legal immunity for helping the government eavesdrop after the Sept. 11 terrorist attacks. He continued a near-daily effort to prod lawmakers into passing his version of a law to make it easier for the government to conduct domestic eavesdropping on suspected terrorists' phone calls and e-mails. He says the country is in more danger now that a temporary surveillance law has expired. The president and Congress are in a showdown over Bush's demand on the immunity issue. Bush said the companies helped the government after being told "that their assistance was legal and vital to national security." "Allowing these lawsuits to proceed would be unfair," he said. More important, Bush added, "the litigation process could lead to the disclosure of information about how we conduct surveillance and it would give al Qaida and others a roadmap as to how to avoid the surveillance." The Senate passed its version of the surveillance bill earlier this month, and it provides retroactive legal protection for telecommunications companies that wiretapped U.S. phone and computer lines at the government's request and without court permission. The House version, approved in October, does not include telecom immunity. |
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