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Arizona signs into law ban on funding Planned Parenthood

Posted on May 8, 2012 by bizandlegis

In what was another blow to the Planned Parenthood group the governor of Arizona, Jan Brewer signed into law another act aimed at cutting of funding from the giant. This time it’s in the name of preventing the funnelling of taxpayers’ money directly or indirectly into funding abortions. The act aims at preventing the funding granted to Planned Parenthood clinics and family planning organizations that also offer abortions even for non abortion services. As it is the state has a preventive law in place in the form of a ban on state funded abortions except if the mother’s life is in danger. Now the new law prevents women from the lower strata of society seeking preventive measures and family planning aid even from organizations that offer abortions.

Planned Parenthood funding law ban by Arizona

While on one hand it makes sense that the taxpayers money should not go into funding abortions it does not make sense to implement this law. Because this law prevents thousands of underprivileged women to get safe and sanitary health checkups and disseminates family planning awareness and provides preventive measures apart from abortion. As there is already a law preventing the state funding of planned abortions this law seems more oppressive that assuring the proper use of tax money. Officials at Planned Parenthood the state’s largest abortion provider say that this will prevent poorer women from getting state funded cancer screenings, birth control and basic health care.

While there is a good deed in attempting to prevent abortions it is a great deal worse to denying health care to the women of lower strata who cannot afford to purchase their care for themselves. Whatever be the explanation citizens whether men or women must be provided basic health care and bills like these aim at reducing the chance of that happening.

Arizona signs into law ban on funding Planned Parenthood

A new chapter in Microsoft vs Motorola Battle

Posted on May 5, 2012 by bizandlegis

Legal In another dramatic turn, in one of the longest fought patent litigation in the technological world, a regional court in Mannheim, Germany ruled in favor of Motorola Holdings Inc., in a suit between the company and global software giant, Microsoft Corp. The Court held that Microsoft had infringed Motorola’s patents relating to the H.264 compression standard, a video compression software and ordered Microsoft to remove two of its products – Windows 7 Operating System and X box 360 gaming consoles- from the German Market, thereby granting Motorola’s request for injunction against the sale of the above.

Microsoft and Motorola Legal Battle

This decision is part of a set of litigation between Motorola and Microsoft. The primary case originated in the United States in 2010, wherein Microsoft had approached the US District Court in Seattle alleging that Motorola had committed breach of its agreement with standard setting bodies by seeking unfair and unreasonable fees for usage of patented technologies held by it. Microsoft had further submitted that since the technology in question is a “standard essential patent” used in viewing videos online and in wireless technology, Motorola is obliged to license the same at fair, reasonable and non- discriminatory terms (FRAND) to competitors. The dispute before the German court was that Xbox and Windows infringe German patents of Motorola and the same was related to the matter at hand in Seattle.

Since both these matters were related, the Seattle Court granted a preliminary injunction to Microsoft whereby Motorola is prevented from enforcing the German Court order, subject to pending of the suit in Seattle. The federal Court at Seattle is scheduled to hear the matter on May 7, 2012 and will decide whether Motorola has violated its duty to provide standard essential patents under FRAND terms. The injunction has come as a boon to Microsoft in the light of the above decision by the German Court and will be valid through the May 7 hearing.

Furthermore, a European Commission investigation has been undertaken against Motorola in the light of complaints received from Microsoft and Apple with respect to violation by the former of FRAND terms in providing standard essential patents.

However, in April a judge of the US International Trade Commission held that Microsoft violated four of Motorola patents with respect to their usage in X box.

In the light of the two non-favorable decisions i.e. by the Mannheim Court and the US International Trade Commission and a favorable response by the European Commission, the decision of the Seattle Court is of much significance.

In the mean time, Microsoft in a statement has said that it will appeal against the Mannheim decision.

A new chapter in Microsoft vs Motorola Battle

Attorney of Kim Kardashian blames Kris Humphries

Posted on May 5, 2012 by bizandlegis

Kim Kardashian and Kris Humphries get married in August 2011 and Kim moved for divorce in October the same year. But till date divorce has not been granted to the party’s and the legal proceeding are extending indefinitely. Kris Humphries wants to press for an annulment as he holds that the entire 72 – day marriage was a fraud. He also contended that everything, from the televised proposal to the marriage was done intentionally to attract media attention. It was no surprise to Kim. Moreover Kris had only wanted a close and intimate proposal but Kim forced him to do it all on television. This one event alone raised the viewers of Kim’s reality show massively raining down money into her coffers. The marriage itself was a sham. The prenuptial agreement has also made it clear that there is no question of spousal support. Additionally Kim has said that if the proceedings travel down the annulment path and she is forced to trial, if she wins then her legal fees is to be footed by Kris.

Attorney blames Kris Humphries as delaying the divorce case

Kim’s lawyer Laura Wasser however has pleaded before the court on May 4rth to get the divorce ball rolling as fast as possible and get it over with soon. She has also said that Kris is prolonging the divorce proceedings simply because of his hurt feelings and that he intends another media exposed to hurt her clients image and that her client is entitled to a divorce as more than six months have passed since she filed the divorce petition.

How one can challenge the sanctity of institution of marriage in such a sacrilegious way is beyond me. People, really, get married to stay married but practically, get married to get divorced and of course to claim alimony.

Divorce attorney of Kim Kardashian blames Kris Humphries

How to spend 300 million dollars

Posted on May 5, 2012 by bizandlegis

Florida is state whose citizens have been the hardest hit as far as foreclosures have been considered. As part of the 8.4 billion dollars that have been allocated by the Florida state to cash and mortgage relief Florida’s attorney general has 300 million to dole out to help struggling home owners out of foreclosure. Until May 14 the people of Florida may give suggestions to their attorney general on how to spend that money. The money may be used for setting up foreclosure prevention programs and can be used to hire housing counselors, setting up hotlines, provide legal assistance etc. Tens of thousands of Floridians will benefit from the nationwide settlement with the banks. Florida’s share of 7.6 billion will be used to benefit home owners in the form of loan modifications, principal reductions, short sales and moving assistance.

How to spend $300 million dollars got from Foreclosure settlement

About 170 million will be used to make cash payments to the borrowers who lost their homes to foreclosure between 2008 and 2011. Another 309 million will be used to help present borrowers who have gone underwater.

John Lucas, Bondi’s press secretary, said there is no estimate yet for how many homeowners will be helped with the $300 million.

The office of the the attorney general stated that they were in the early stages of gathering the necessary public opinion. They said they would make an ultimate decision once they conclude a meeting with people from all fields.

Foreclosure settlement amount of Florida reach 300 million dollars. Anybody can share their ideas to Attorney General of Florida in spending 300 million dollars got through Foreclosure Settlements. Simply Call Pam Bondi Attorney General of Florida and suggest your valuable idea on how to spend 300 million dollars.

Attorney General Florida seeks ideas for spending $300 million got from Foreclosure Settlement

Diplomatic humbug or actual compromise

Posted on May 3, 2012 by bizandlegis

China has never been the epitome of a clean human rights record. However it does not tolerate any lecture from another state on how to treat its citizens. The latest diplomatic drama involved Mr Chen a noted human rights lawyer and activist who was hounded by the Chinese authorities and who was forced to take shelter in the US embassy for six days. Chen Guangcheng took refuge in the US embassy after he escaped house arrest. However after six days of being holed in the US embassy, a comprise was reached between the officials in Beijing and those of Washington. However an interview to the press by Mr Chen revealed quite startling news, he stated that he had agreed to the compromise fearing for his wife’s safety. The Chinese officials have been known to go back on their word. Many activists consider the Obama administration naive for having faith in the Chinese administration. Renee Xia states The Chinese promise of Chens safety and freedom is unenforceable, she said.

“The government has no credibility — the record speaks volumes to the contrary — and I think this agreement will come back to haunt the Obama administration.”

Blind Chinese lawyer agreed to leave US

China on the other hand has lashed out at the US administration for the manner in which the whole affair was handled and demanded an apology. The Chinese claimed that it was an internal affair and the US has no business poking its head. Mr Chen’s plight is also overshadowed by the Strategic and Economic dialogue due to begin today.

Human rights lawyer of China agreed to leave US

Aggressive and novel legal strategy to deal with cyber fraud

Posted on May 2, 2012 by bizandlegis

Cyber crime and fraud is a particularly difficult and potent part of law enforcement to deal with because of its global scale. The Microsoft digital crimes unit has devised an aggressive legal strategy. This was part of a civil suit that targeted a network of computers that suffered from an infective programme spread known as Zeus. Zeus was a criminal group viral programme that stole information on financial credentials, personal data saved in any computers. Microsoft said that this was just the beginning and that they would continue to target the malicious network. The raid against the computer servers at hosting centres were approved by a federal judge. Microsoft described the strategy as creative to deal with cyber criminals. Relying on existing laws covering trademark infringement and racketeering the federal judge approved the taking down of the network’s command and control servers. The court was completely on board with the strategy. The Zeus network was involved in sending malicious mail with corporate trademarks. It encouraged the victims to download a file which put at risk all their personal and financial information. However, the results of the raid are evident already; there has been a significant reduction in spam using legitimate trademark signs. The numbers have dropped from 11.5 million to 1 million.

Legal strategy to deal cyber frauds

It is important to find strategies like this to deal with such cyber crimes as the cyber world must be made a safer place. With more economies and commerce increasingly relying on the internet it is pertinent for the law to take more concrete action in this regard.

Free legal service mandatory for joining the New York State Bar

Posted on May 2, 2012 by bizandlegis

Legal aid They say charity begins at home. Well for the lawyers of the New York State Bar charity would have to begin in law school or after law school in order to be licensed to practice. Reported in the New York Times, the move has been made to make legal services available to those in desperate situations like foreclosure and domestic violence. The present economic climate has seen an uphill rise in the amount of such cases and the inability for most involved paying for legal services. The funding for pro bono services has also gone down. While the reason for such a move is noble and the timing impeccable to the current economic scenario, the question remains whether making anything mandatory is the right way to go. It raises many interesting questions, one being whether a noble ideal as giving back to the society should be made compulsory. One argument that comes to mind is that forcing a noble ideal defeat the whole purpose of that ideal. A parallel can be drawn with the compulsory rural service for doctors who study with state aid in India. But it may be noted that while state aid justifies compulsory rural service, the scenario is quite the contrary in a country like the USA where law school is a very expensive affair and compulsory legal aid may not be the best way to go. It places more burdens on a generation that is hassled to find work in the current economy.

However it needs to be said that Judge Lippman is completely right in saying that “The legal profession should not be seen as argumentative, narrow or avaricious, but rather one that is defined by the pursuit of justice and the desire to assist our fellow man.”

Free legal service mandatory for joining the New York State Bar

Google wins big government contract after a legal tussle with Microsoft

Posted on May 2, 2012 by bizandlegis

The verdict is out! After a bitter legal tussle since 2010 the best man or in this case the best corporate giant has won. Google wins to dealing a contract with Interior Department of United States on providing Google apps, cloud based email and its connected application resources for about 90,000 staff deployed.

Google beats Microsoft on Government contracts

The Government choose Google cloud and apps over Microsoft office 365. It all began with the decision of the department to go with Microsoft’s cloud based email application in 2010. Google sued stating that it had been denied a fair chance of competition. One of the grievances was that Microsoft had not been certified for government security standards while Google had been. The department on Tuesday announced that it had decided to go with Google. The agency also decided to go with audio and video chat tools. The contract will cost the state exchequer an amount of 35 million dollars over seven years. This would save the taxpayer a whopping amount of 500 million dollars by the year 2020. Microsoft when asked to comment stated that while they were disappointed at the outcome they would continue to engage with the department of interior to understand the reason for their failure.

The present tussle is part of an all out feud that has been raging between the two software giants. Both have been chasing customers of all sizes. It is important to note that the stakes involved here for both the companies are quite different. While Microsoft is highly dependent on its revenue out of email and other similar software Google is mostly dependant on advertising. Google’s interest in this field is novel and it has been only since eighteen months that they have been able to broaden their market from small time businesses.

While Microsoft has still nothing to worry at the moment and still shows signs of healthy growth it is needless to say that every loss hurts a bit.

Google beats Microsoft Office 365 on Government contracts

Facebook and the First Amendment

Posted on May 1, 2012 by bizandlegis

As a legal student I was and I am a first amendment absolutist. Though I am not an American, I believe every American must cherish and rabidly protect this law. For those non legal readers the first Amendment to the constitution of the United States is part of the Bill of Rights. The first amendment prohibits the making of any law that establishes a state religion, impedes the free exercise of religion, and abridges the freedom of expression. Of particular interest for this article is the freedom of expression. Freedom of expression has been a subject of debate and discussion since the inception of that freedom. Jurists have had a tough time interpreting this freedom in Art, sculpture, and even extended it to the right to offend. The internet for the past few years has become a part of this expression. Social networking has made this all the more complicated. An interesting case has been Bland v Roberts.

Bland and his cohorts worked in the Hampton Sheriff’s Office, under B.J. Roberts. Roberts ran for re-election against Jim Adams, and the plaintiffs were lukewarm in their support of Roberts. In fact, three of the plaintiffs went so far as to “like” Adams’ Facebook page.

Roberts won the election, and he decided to not retain the plaintiffs. He justified the terminations on cost-cutting and budgeting grounds, but plaintiffs argued that their termination violated their First Amendment rights.

The court grants Roberts’ motion for summary judgment stating that facebook could not be included under the preview of the first amendment owing to lack to previous precedent.

According to some interesting observations made by Venkat Balasubramani in Ars Technica, a sarcastic manner that the court is unaware of the robust body of first amendment precedent that states that protection of expression is not limited to actual words. He observes the role facebook has played in the Arab spring and continues to do so in the Syrian conflict. The implications of this case on the inclusion of facebook as another method of expression are yet to be seen.

Facebook and the First Amendment

Arjun Vidhu,
University of Birmingham, UK

Octomom Nadya Suleman files for bankruptcy

Posted on May 1, 2012 by bizandlegis

Bankruptcy laws by definition have been created to help people who can no longer pay their creditors and get a fresh start. Bankruptcy laws help people liquidate their assets to pay debts off or help them create a repayment plan.

Desiring a fresh start for her children Nadya Suleman, familiar with the name Octomom filed for bankruptcy. She is filing for chapter 7 bankruptcy which means that a court appointed trustee will liquidate her assets before she is allowed to be discharged of her debts. Ms Suleman also owes around $ 30,000 in rent payment. It is important to note that what Ms Suleman represents is a trend. A trend that many American households face, lack of financial stability and the inability to pay off debts, Today’s bankruptcy filing number reflects the sustained and growing financial stress on US households, said American Bankruptcy Institute Executive Director Samuel J. Gerdano. “Rising unemployment on top of high pre-existing debt burdens is a formula for higher bankruptcies through the end of this year”. Though the Octomom is famous for totally different reasons, her dire situation is real for many Americans. The unemployed single mother had been supporting her six other children with the aid of food stamps and Social Security disability payments — sources of income that she continues to rely on.

Though the trend of filings for bankruptcies has been varied since the 1980’s the past few years have seen the uphill trend owing to the whole economic climate. 2008 saw some of the biggest bankruptcy filings in the history of the United States biggest being the Lehman Brothers.

Octomom files for bankruptcy

Arjun Vidhu,
University of Birmingham, UK