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Judge rejects Navy request for sonar training exemption
Legal World News | 2008/02/05 09:08
Russia's Supreme Court on Tuesday threw out an appeal by Kremlin critic Mikhail Kasyanov against his disqualification from next month's presidential election.

Election chiefs said last month Kasyanov could not run because signatures he submitted in support of his bid were forged. He accused the Kremlin of barring him to slant the vote in favor of front-runner Dmitry Medvedev.

Kasyanov, a former prime minister, had no chance of winning the March 2 election but his removal from the ballot has fuelled criticism that the Kremlin will brook little real opposition.

In a judgment after a one-day hearing, the Supreme Court said it had decided to leave the Central Election Commission decision to bar Kasyanov unchanged and to reject an appeal submitted by his lawyers.

Yelena Dikun, a spokeswoman for Kasyanov said: "The Central Election Commission ignored the views of citizens ... and now the Supreme Court, which is part of the same system, has also ignored the views of citizens."

Russian President Vladimir Putin is constitutionally barred from seeking a third consecutive term. He has endorsed Medvedev, a 42-year-old first deputy prime minister, to replace him.



Korean Big Law Firm Under Tax Audit
Legal World News | 2008/02/04 10:20
The Korean National Tax Service has launched an audit of the country's largest law firm, Kim & Chang, over tips that the firm may have avoided paying taxes, tax officials said Monday.

NTS officials played down the probe, but some industry sources raised speculation that the audit is related to ongoing investigations into Samsung Group or Lone Star Funds.

"We've received information that some lawyers of Kim & Chang engaged in dubious activities to dodge taxes," an NTS official said. "`We are looking into their income from recent court cases and checking whether they reported the right amount in the right way."

It is the first time for the NTS to audit the law firm since 1997. Law firms are required to undergo an audit every two years, but the office had skipped the ones for Kim & Chang as the firm had received awards for fulfilling its obligations to pay taxes.

NTS officials said the audit is not a regular one.

"We began the audit because there were reports alleging that the firm had avoided taxes," the official said.

Kim & Chang, based in Seoul, is the largest law firm in South Korea with some 450 lawyers, accountants and patent and trademark attorneys. It represented Lone Star when it acquired Korea Exchange Bank in August 2003.

It also has provided services to Samsung. Late last year, lawyer Kim Yong-chul, former director of the legal department of Samsung Group, alleged that Kim & Chang actively participated in fabricating facts for the trial of Samsung Chairman Lee Kun-hee on charges of illegally transferring his wealth to his son through an illicit convertible bonds deal.

A number of ranking officials served or are serving as advisors to the law firm. They include Prime Minister-designate Han Seung-soo, Prime Minister Han Deok-soo and former NTS head Seo Young-taik.


China Upholds Death for Ant Fraudster
Legal World News | 2008/02/03 15:23
A court in northeastern China upheld a death sentence Monday against a businessman accused of bilking investors in a would-be ant-breeding scheme, state media reported.

The Liaoning Provincial Higher People's Court turned down an appeal from Wang Zhendong, who was convicted of fraud and sentenced to death last February, the official Xinhua News Agency reported.

Wang, chairman of Yingkou Donghua Trading Group Co., had promised returns of up to 60 percent for investors who purchased ant-breeding kits from two companies he ran.

The insects were to be used in traditional medicinal wines, herbal remedies and aphrodisiacs.

Authorities, concerned about social unrest, have come down hard on fake investments and pyramid schemes, although Wang's sentence was harsh even by Chinese standards.

Communist leaders have sought to make examples out of businessmen and officials accused of fraud and corruption, and last year executed the former head of its food and drug watchdog for approving untested medicine in exchange for cash.

Wang attracted more than 10,000 investors between 2002 and June 2005, when investigators shut down his companies. The closure of his business set off a panic among small-time players who saw their life savings disappear overnight.

Investigators put the size of the fraud at $416 million. Only $1.28 million was recovered. Fifteen managers of the company were also fined and sentenced to prison terms ranging from five to 10 years.



Record profits prompt calls for windfall tax against Shell
Legal World News | 2008/01/31 10:58

Calls for a windfall tax on oil companies have been reignited after Royal Dutch Shell posted record UK company profits of almost £14 billion.

The Unite union said profits in the industry were "obscene" and urged the Government to take action, especially because of rising energy prices.

Royal Dutch Shell reported a surplus of 27.6 billion US dollars (£13.9bn) in 2007, equivalent to £1.5 million an hour and 9% higher than a year ago.

It benefited from rising crude oil prices of more than 90 US dollars, a factor which also left motorists with average petrol costs of more than £1 a litre.

Unite joint general secretary Tony Woodley said: "Shell shareholders are doing very nicely whilst the rest of us, the stakeholders, are paying the price and struggling.

He added: "This Government took the brave step of putting a windfall tax on the greedy privatised utilities to fund the New Deal. With pensions injustices still to be addressed, fortune should favour the brave again and the greedy oil companies should be asked to contribute for the common good."

Shell rejected the windfall tax calls, arguing that the profits figure is almost matched by the amount of money it spends on securing new energy sources. Most of its haul comes from exploration and production, rather than UK forecourts.

Chief executive Jeroen van der Veer said: "If you get additional taxation, in the end it means you can invest less. The money has to come from somewhere and over time it will impact on our production."

The oil firms, including Shell, insist they already pay high levels of tax to the Treasury. In 2005, Chancellor Gordon Brown increased a North Sea tax on energy companies from the 10% he introduced in 2002 to 20%.

Independent charity the RAC Foundation said anger over rising petrol costs needed to be directed towards the Government, adding that a flexible fuel duty would compensate for varying crude prices.



EU Court: Downloaders Can Stay Private
Legal World News | 2008/01/29 14:56
Record labels and film studios cannot demand that telecom companies hand over the names and addresses of people suspected of breaking European copyright rules by swapping illegal downloads, the EU's top court ruled Tuesday. But European Union countries could — if they want to — introduce rules to oblige companies to hand over personal data in similar cases, the European Court of Justice said.

The court upheld Spanish telecom company Telefonica SA's right to refuse to hand over information that would identify who had used peer-to-peer file-sharing tool KaZaA to distribute copyrighted material owned by Promusicae, a Spanish nonprofit group of film and music producers.

EU law did not require governments to protect copyright by forcing companies to disclose personal data in civil legal actions, the Luxembourg-based court ruled.

They could draft national rules to change this but they will then have to balance the right to privacy against property rights and "cannot however affect the requirements of the protection of personal data," a court statement said.

The ruling "raises the question of the need to reconcile the requirements of the protection of different fundamental rights, namely the right to respect for private life on the one hand and the rights to protection of property and to an effective remedy on the other," the court said.

A Spanish court had asked the European court to give guidance on the case after Promusicae complained of Telefonica's refusal to hand over details identifying the people who used the computer addresses linked to the illegal downloads.

Telefonica claimed Spanish law only allows them to share personal data for criminal prosecutions or matters of public security and national defense.

Music industry group, the International Federation of the Phonographic Industry, said record labels would push on with their campaign against Internet piracy and the court had confirmed the need to have effective tools to tackle illegal copying.

"Copyright theft on the internet is the single biggest obstacle to the growth of the music business today," said IFPI head John Kennedy.

"The judgment means that music rights owners can still take civil actions to enforce their rights, and it has sent out a clear signal that member states have to get the right balance between privacy and enforcement of intellectual property rights and that intellectual property rights can neither be ignored nor neglected."

The European branch of the Motion Picture Association — which represents American film studios such as Universal, Walt Disney, Paramount and others — welcomed the ruling as balanced because the court had upheld copyright as a fundamental right alongside the right to privacy.

The MPA of America claimed in a 2005 study that U.S. film industry lost $6.1 billion to piracy worldwide that year, most of it outside the United States.

Millions of people use file sharing sites to download both legal and illegal copies of albums, films, TV episodes, computer programs and even books.

The music industry has largely shunned file sharing, preferring digital tools to restrict how songs can be copied and played.



European Court condemns France over gay adoption
Legal World News | 2008/01/24 16:38

The European Court of Human Rights has ruled that France discriminated against a lesbian woman by preventing her from adopting a child. The nursery school teacher, 45, has lived with the same female partner for nearly 20 years. But she was turned down by French authorities who stressed the absence of a father figure. In Strasbourg however, the European Court condemned France, which, like many other countries, does allow unmarried people to adopt.

A majority ruling, by 10 votes to seven, found that article 14 of the Human Rights Convention combined with article 8 had been violated. The French state was ordered to pay the woman 10,000 euros in damages.

Article 14 forbids discrimination. Article 8 provides for the right to respect for one's private and family life. This is a victory that could have an impact on gay adoption laws in countries across Europe.

That is because, from now on, France and all other member nations of the Council of Europe will no longer be able to refuse adoption to a single person because of their homosexuality.

However, adoption by gay couples remains illegal in France, unlike nine European countries where it is permitted - Germany, Belgium, Denmark, Spain, Iceland, Norway, the Netherlands, the United Kingdom and Sweden.

Spanish gay couples, for example, benefit from the same rights as heterosexual couples regarding their children, because, legally, they are their parents.

In France, where homosexual marriage is not allowed, adoption by a lesbian or gay person could now be possible.

But there remains the question of their partner's status. For, legally, the companion would have no rights over the child, not being recognized as his or her parent.



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