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Court lifts ban on media ownership restrictions
Business Law Info | 2010/03/24 13:10
A federal court has at least temporarily lifted government rules that blocked media companies from owning a newspaper and a broadcast TV station in the same market.

The decision Tuesday by the U.S. Court of Appeals for the Third Circuit lifts the Federal Communications Commission's "cross-ownership" ban.

That restriction had remained in effect under a stay issued by the court in 2003 as it has tried to sort out legal challenges to attempts by two previous FCC chairmen, Republicans Michael Powell and Kevin Martin, to relax the rules.

The decision comes as the current FCC, now under Democratic control, gears up for its next congressionally mandated review of its media ownership rules. Those rules, which the agency must review every four years, include the cross-ownership ban and limits on the number of television and radio stations that one company can own in a market.

In the meantime, some media companies already own newspapers and television stations in the same market because they were grandfathered in when the rules were first put into place in 1974.

The current court case began when Powell tried to lift the cross-ownership ban in large media markets and raise the caps on TV and radio station ownership. That effort drew legal challenges from public interest groups that said he had gone too far and from media companies that said he had not gone far enough.

The Third Circuit sent the matter back to FCC, telling it to rewrite the rules. And that led Powell's successor, Martin, to try to ease the cross-ownership ban in big media markets — drawing more legal challenges from both sides.



Goldman Sachs group to appeal Shaw-Canwest deal
Business Law Info | 2010/03/10 17:36

Goldman Sachs Group Inc will ask a Canadian court on Wednesday to hear its appeal of a lower court decision allowing Shaw Communications Inc to buy the broadcast arm of bankrupt Canwest Global Communications Corp.

An Ontario Superior Court judge ruled on Feb. 19 that Shaw could acquire Canwest's television arm, putting a quick end to a last-minute bid for the assets, filed the night before by a consortium led by private equity fund Catalyst Capital and backed by Goldman.

The Catalyst consortium includes the Asper family, Canwest's founders. Leonard Asper was chief executive of Winnipeg, Manitoba-based Canwest, Canada's largest media group, until last Thursday when he stepped down to avoid potential conflict of interest concerns.

Goldman Sachs is a partner in Canwest's specialty TV arm after helping the media group acquire popular channels such as History Television and Food Network Canada from Alliance Atlantis in 2007 for C$2.3 billion.

It wants the Ontario Court of Appeal to set aside the deal that allows cable operator Shaw to buy the Canwest TV assets.



Nokia says U.S. court case claims have no merit
Business Law Info | 2010/02/08 11:51

Nokia said on Monday it would defend itself vigorously against a class action complaint filed in the United States that claims the firm and its top executives hid some product delays from investors in 2008.

"Nokia has reviewed the allegations contained in the complaint and believes that they are without merit," the company said.

The City of Roseville Employees' Retirement System filed the case on Feb 5 against Nokia Corporation, chief executive Olli-Pekka Kallasvuo, then-chief financial officer Rick Simonson and Kai Oistamo, head of Nokia's phone business.



Google Book Settlement Falls Short For Justice Dept.
Business Law Info | 2010/02/06 00:19

Google's latest effort to settle the copyright lawsuit brought against it by The Authors Guild and several publishers in 2005 suffered a setback on Thursday when the U.S. Department of Justice said that copyright and antitrust issues arising from the revised settlement proposal haven't been adequately addressed.

The lawsuit charged that Google's effort to scan and digitize books violates copyright law. Google and the plaintiffs have been trying to reach an agreement that allows Google to make scanned books available in a limited form online and to sell electronic access to digital books with the consent and participation of copyright owners.

The DoJ filed a statement of interest with U.S. District Court for the Southern District of New York stating that despite good faith negotiations on the part of the parties involved, "the amended settlement agreement suffers from the same core problem as the original agreement: It is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the court in this litigation."
A hearing on the proposed amended settlement is scheduled for February 18 and the judge is likely to take the DoJ's concerns seriously. The original settlement, presented in October 2008, was shot down after widespread criticism.

Google in a statement said that the DoJ's filing "recognizes the progress made with the revised settlement, and it once again reinforces the value the agreement can provide in unlocking access to millions of books in the U.S."

The company said that it is looking forward to Judge Chin's review of the DoJ filing and that the settlement, if approved will expand online access to published works and provide authors and publishers with new ways to distribute their works.



Ex-Lawyer: Toyota Willfully Deceptive
Business Law Info | 2010/02/04 11:57

Toyota's public relations nightmare appears far from over.

The beleaguered automaker is facing renewed allegations that it systematically withheld information and ignored safety issues that could have prevented fatal accidents.

Dmitrios Biller, a former Toyota lawyer who handled product liability lawsuits, said in multiple media interviews that the automaker willfully tried to suppress evidence of defects.

"Toyota is a very secretive corporation," Biller told the L.A. Times. "It doesn't believe anybody outside the corporation deserves to know what is going on inside, even if it kills somebody."

"You have to understand that Toyota in Japan does not have any respect for our legal system. They did not have any respect for our laws."



SEC alleges fraud by Austin investment firm
Business Law Info | 2009/12/30 09:34

An Austin businessman and two of his companies are accused in an alleged scam using former NFL players to attract investors.

The Securities and Exchange Commission on Tuesday filed securities fraud charges in federal court in Austin naming Kurt B. Barton, Triton Financial LLC and Triton Insurance.

The SEC alleges $8.4 million was raised from about 90 investors to purchase an insurance company.

Regulators say the money instead went to pay Triton expenses.

The SEC says Barton and Triton have consented to court orders freezing their assets and appointment of a receiver.

Barton attorney Joe Turner says his client will work with the receiver to ensure that investors "do not lose their money."



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