Saturday, March 8, 2014

Court upholds $185 million award against Argentina


The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.

BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.

Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.

But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case.

High court sides with parent who fled with child


The Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction.

The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country.

After a year, judges have more discretion and must take account of evidence that the child is settled in its new home.

Fla. high court: Immigrant can't get law license


The Florida Supreme Court has ruled that immigrants in the country illegally can't be given a license to practice law.

The question was raised when a man who moved here from Mexico when he was 9 years old sought a license in Florida. The court said Thursday that federal law prohibits people who are unlawfully in the country from obtaining professional licenses. The justices said state law can override the federal ban, but Florida has taken no action to do so.

Earlier this year, the California Supreme Court granted a law license to Sergio Garcia, who arrived in the U.S. from Mexico as a teenager with his father. But that ruling was only after the state approved a law that allows immigrants in the country illegally to obtain the license.

Two men found guilty for selling U.S. company’s technology


A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

The jury returned the verdicts against Robert Maegerle and Walter Liew.

They were accused of stealing Delaware-based DuPont Co.’s method for making titanium oxide, a chemical that fetches $17 billion a year in sales worldwide and is used to whiten everything from cars to the middle of Oreo cookies.

A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

Prosecutors said DuPont was unwilling to sell its method to China, so it was stolen and sent to a company called Pangang Group Co. Ltd., according to testimony during the diplomatically dicey proceedings. The jury heard six weeks of testimony.

Prosecutors alleged that Pangang’s factory is the only facility inside China known to be producing titanium oxide the DuPont way, which uses chlorination.

Thursday, March 6, 2014

Court weighs securities fraud class-action cases


The Supreme Court is considering whether to abandon a quarter-century of precedent and make it tougher for investors to band together to sue corporations for securities fraud.

The justices hear arguments Wednesday in an appeal by Halliburton Co. that seeks to block a class-action lawsuit claiming the energy services company inflated its stock price.

A group of investors says it lost money when Halliburton's stock price dropped after revelations the company misrepresented revenues, understated its liability in asbestos litigation and overstated the benefits of a merger.

Justices threw out the company's first attempt to block the lawsuit in 2011. But Halliburton is now urging the court to overturn a 25-year-old decision that sparked a tidal wave of securities-related, class-action lawsuits against publicly traded companies and has led to billions in settlements.

The court's 1988 decision in Basic v. Levinson says shareholders who claim they were defrauded by false statements in securities filings don't have to prove they actually relied on the statements. Rather, the court reasoned that any misrepresentation would be reflected in the current stock price. Even if investors are not aware of the misstatements, they are presumed to be aware of them because they affect the stock price.

This presumption, known as the "fraud-on-the-market theory," has become the driving force for modern class-action securities cases. But some economists have questioned whether this theory makes sense anymore, saying it doesn't account for the sometimes random and arbitrary nature of stock trading.

Monday, February 3, 2014

Pakistan court dismisses Musharraf medical request


A Pakistani court hearing the case against former military ruler Pervez Musharraf on charges of high treason rejected Friday a request that he be allowed to go abroad for treatment, his lawyer and a court official said.

Instead, they said, it issued an arrest warrant for the retired general. But the warrant is "bailable" — meaning he can avoid jail by applying for bail and depositing a bond of 2.5 million rupees (about $20,000). The court said it didn't have the authority to remove his name from the exit control list which restricts him from going abroad.

While Musharraf can't leave the country, it's unlikely he would actually end up in handcuffs immediately and still unclear whether he will ever appear in court — a scene that could be humiliating not just to Musharraf, but to the country's politically powerful military.

The judges' decision is the latest in the legal battles that Musharraf has faced ever since returning to his homeland in March 2013 to take part in the country's elections. Instead of returning to a hero's welcome, he was almost immediately hit with a barrage of cases, threats from the Pakistani Taliban and was disbarred from running in the election.

A lawyer for Musharraf, Mohammed Ali Saif, said the judges ruled that Musharraf must appear in court on Feb. 7.

"We are of the view that no reasonable excuse has been offered to justify the failure of the accused to appear before the court, there is no alternate except to issue a bailable warrant of arrest for the accused," said the court registrar Abdul Ghani Soomro, reading from the court's decision.

Musharraf seized power in a 1999 coup, but became deeply unpopular and was forced to step down in 2008. He later left the country. The high treason case stems from his 2007 decision to impose a state of emergency and detain judges.

Monday, January 6, 2014

California appeals court upholds plastic bag ban


A California appeals court has upheld San Francisco's ban on single-use plastic bags that can serve as a precedent for other cases.

The San Francisco Chronicle reports the 1st District Court of Appeal issued its ruling last month and published it Friday as precedent binding on lower courts. The ordinance was passed in February 2012 and prohibits plastic bags that can be used only once and requires stores to charge 10 cents for recyclable plastic or paper bags.

A lawsuit by Save the Plastic Bag Coalition said plastic bags took more energy to produce than plastic and take up more space in landfills.

Similar measures have been adopted in about 50 cities and counties in California and have survived legal challenges. The state Supreme Court upheld a plastic-bag ban in 2011.