Thursday, May 28, 2015
Appeals court: Apple must submit to imposition of monitor
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.
A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.
The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.
After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.
Wednesday, May 20, 2015
Swiss Bank UBS Pleading Guilty To Wire Fraud
Swiss bank UBS says it is pleading guilty to wire fraud and is paying $545 million to settle U.S. cases of market manipulation.
The bank said Wednesday that under the deal with U.S. authorities it will be granted conditional immunity from prosecution in a Department of Justice probe on the manipulation of foreign exchange rates. UBS AG said it was the first to report to the DOJ potential misconduct by banks in forex markets.
It will however pay a $342 million fine to the Federal Reserve.
It will separately pay a $203 million fine to the DOJ for manipulating a key market interest rate called the London Interbank Offered Rate.
The bank said "the conduct of a small number of employees was unacceptable and we have taken appropriate disciplinary actions."
Thursday, April 16, 2015
Willamette Valley Bankruptcy – Erin Uhlemann
Friday, April 3, 2015
Playwright David Adjmi wins New York infringement court case
Loretta A. Preska, chief judge of the U.S. District Court for the Southern District of New York, ruled Tuesday that David Adjmi, whose play "3C" had a run at Rattlestick Playwrights Theatre in 2012, is protected under the doctrine of fair use.
"The play is a highly transformative parody of the television series that, although it appropriates a substantial amount of 'Three's Company,' is a drastic departure from the original that poses little risk to the market for the original," the judge wrote, noting that copyright law "is designed to foster creativity."
Adjmi had the backing of many theater community heavyweights, including Jon Robin Baitz, Stephen Sondheim, Tony Kushner, John Guare and Terrence McNally.
The play is about two girls — one a tomboy, the other a sexy ditz — and a guy who spontaneously become roommates in a rundown Santa Monica apartment after a wild party.
They clash with a dislikable landlord who makes offensive, homophobic jokes. The playwright is exploring the idea of a culture avoiding difficult issues and problems by retreating into sex and drugs.
Ex-UBS banker pleads guilty in US tax evasion case
Hansruedi Schumacher entered the plea Thursday before a Florida federal judge. Schumacher is cooperating in the investigation and in return, prosecutors will recommend a sentence of five years' probation and a $150,000 fine.
Schumacher admitted in court papers that while at UBS and a second Swiss bank from 1995 to 2009 he helped wealthy U.S. citizens escape the Internal Revenue Service using secret offshore accounts.
Several other bankers and dozens of customers have been prosecuted. UBS itself paid a $780 million fine to the U.S. in 2009 and agreed to disclose names of thousands of its American customers.
Thursday, February 19, 2015
NC Supreme Court considers status of private school vouchers
The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.
The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.
Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.
So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.
"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.
The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.
Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents.
Court says Chuck Yeager can sue Utah gun safe company
The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.
The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.
The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.
Yeager served during World War II and became the first person to break the sound barrier in 1947.