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Yahoo CEO Defends Company in China Case
Lawyer Blog News | 2007/11/06 14:53
Yahoo Inc. Chief Executive Jerry Yang testified to lawmakers on Tuesday that the company has been "open and forthcoming" about its role in a Chinese government investigation that led in 2005 to a journalist's imprisonment.

"We have answered every question, provided every requested piece of information and worked with you in good faith," he said in prepared testimony before the House Foreign Affairs Committee.

Lawmakers have accused the company of holding back information in its role regarding the arrest of Chinese journalist Shi Tao. The Chinese government accused Shi of leaking state secrets and sentenced him to 10 years in prison.

Yang, who became CEO this summer of the company he co-founded, also said Yahoo is committed to doing the right thing and protecting human rights globally.

"We are a company founded on openness, the exchange of information and user trust, and we believe deeply in free expression and privacy," he said.

Michael Callahan, the Internet company's general counsel, is expected to repeat a public apology he made last week regarding his failure to turn over new information to Congress in October 2006, months after he initially testified to two House subcommittees about Yahoo's role in the case.

The foreign affairs committee's chairman, California Democrat Tom Lantos, doesn't buy Yahoo's explanation of why it previously provided incomplete information to Congress.

"Yahoo claims that this is just one big misunderstanding. Let me be clear — this was no misunderstanding," Lantos said in a statement prepared for the hearing.

"This was inexcusably negligent behavior at best, and deliberately deceptive behavior at worst," Lantos said.



Pitt loses appeal in lawsuit against IRS
Lawyer News | 2007/11/06 13:08
A federal appeals court has overturned a lower court ruling that granted a tax refund of more than $2 million to the University of Pittsburgh and about 200 faculty members who took early retirement.

Pitt sued the federal government on behalf of its former employees in 2004, arguing early retirement payments between 1996 and 2001 were not taxable wages because faculty members surrendered tenure as a condition of receiving the money.

A federal district court judge agreed, in part. But the 3rd U.S. Circuit Court of Appeals overruled that decision.

The 2-1 court majority says the faculty received the money for past service - making it wages. Pitt says it's not clear whether it will appeal.



Appeals court rejects "Roe vs. Wade for Men" case
Lawyer Blog News | 2007/11/06 13:02

A federal appeals court has upheld a lower court's decision to dismiss a lawsuit filed by a men's rights group on behalf of a man who said he shouldn't have to pay child support for his ex-girlfriend's daughter. The 6th Circuit U.S. Court of Appeals, in a decision released Tuesday, agreed with U.S. District Judge David Lawson in Bay City that Matthew Dubay's suit was frivolous and ordered him to pay attorney fees to the state. However, the three-member appeals court panel declined to award the state attorney fees for the appeal.

Dubay, a 25-year-old from Saginaw Township, had said his ex-girlfriend, Lauren Wells, knew he didn't want to have a child and she assured him repeatedly she couldn't get pregnant because of a medical condition.

He argued that if a pregnant woman can choose among abortion, adoption or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.

But Lawson disagreed and rejected Dubay's argument that Michigan's paternity law violates the U.S. Constitution's equal protection clause.

The National Center for Men in Old Bethpage, N.Y. -- which prepared the suit -- nicknamed it "Roe v. Wade for Men" because it involves the issue of male reproductive rights. The nickname drew objections from women's rights organizations.

Dubay sued the Saginaw County prosecutor and Wells in March, contesting an order to pay $500 a month in child support for a girl born to Wells in 2005. Michigan Attorney General Mike Cox later intervened in the case and argued for its dismissal.
Dubay previously had acknowledged the suit was a long shot.



Expeditors International Hires Law Firm
Lawyer Blog News | 2007/11/06 12:11
The head of Expeditors International of Washington Inc. said Tuesday the freight forwarding company has hired a "noted law firm" to help it deal with an ongoing probe of the air cargo business, but no proof of wrongdoing has been found. In a brief statement included with the company's third-quarter earnings, Chairman and Chief Executive Peter J. Rose also said the company is "taking this whole issue very seriously" and continues to cooperate with Department of Justice investigators. The law firm is helping the company conduct "a very rigorous self-review," he said.

"As part of this process, we have met with and continue to cooperate with the DOJ. There has been no determination made at this stage that any anticompetitive behavior occurred," Rose said. "We are doing our utmost to conduct 'business as usual.' It is our intention not to disrupt our employees' routine or their ability to meet the needs of our customers."

Last month, Expeditors International said it received a subpoena from the Justice Department to hand over information and documents related to the investigation. It did not comment further at the time.

Bear Stearns analyst Edward Wolfe said then that the department's antitrust division is working with the European Union and other foreign officials to investigate "possible anticompetitive practices in the international freight industry."



GPS a Court-Approved Tool for Investigations
Headline News | 2007/11/06 10:04
Tuesday the Outagamie County district attorney plans to file charges against two men accused of a string of burglaries in the Fox Valley. Police say they caught Alec Dooley and Reice Magolski red-handed while tracking them with GPS technology.

Today police or private investigators like Keith Schuch can be all over their suspects without being anywhere near them thanks to a little black box.

"I think it's amazing technology. For me as an investigator, I love it."

The box is a GPS tracking device.

We decided to put it to the test. We put it on our Action 2 News car and went for a drive.

When we got back, Schuch accessed the device's information and told us exactly where we went and how long we were there.

"There must have been some type of parking lot," he surmised from one of our trips.

Private investigators like the recordable tracking device because it shows them their subject's pattern and routine, making stakeouts and surveillance easier in the future. Investigators know exactly where to go.

"You can see each stop, drive time."

They can also give their clients a printout of the driver's activity.

"It basically does the job for me," Schuch said. "I can hand them a report, OK, they're at this address for this long, and all of a sudden they go, 'That's my best friend's house!'"

The device Schuch showed us records a person's movements for someone to look at later, but there are other GPS devices that transmit the information in real-time so at any given moment a person can see exactly where you are.

"With the live time, yes, you can follow them and catch them right in the act and see what's going on," Schuch. And that's what Calumet County's district attorney says happened to catch Dooley and Magolski in the act.



Court weighs municipal bonds' purpose
Legal Career News | 2007/11/06 10:01
In a case that could revolutionize the country's $2.5 trillion municipal bond market, the U.S. Supreme Court wrestled on Monday with whether a municipal bond is mainly a commodity or a means of financing unique public services that only state and local governments can provide.

In the Department of Revenue of Kentucky vs. Davis, the court must decide if Kentucky can give tax breaks on interest from municipal bonds sold within its borders, while taxing interest earned on bonds sold in other states.

Justice David Souter disagreed with a characterization by Eric Brunstad, a lawyer for George and Catherine Davis -- Kentucky residents who hold out-of-state bonds -- that municipal bonds, like other securities, were traded like commodities.

"Yes, but it's not taxing an out-of-state commodity in the sense of a commodity which is manufactured or produced out-of-state," Souter said.

Still, Justice Anthony Kennedy said the tax breaks go against the commerce clause of the U.S. Constitution.

"All states want to protect their residents and make it look like they're doing something for their residents. And that's exactly the purpose of commerce clause prohibition against explicit discrimination, which is what this is," he said.

The justices also plumbed the strength of the municipal bond market. Justice Souter noted it was "enormous" and the Supreme Court did not know what would happen if it were interrupted.



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