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Court agrees to take on US-Microsoft dispute over emails
Attorney News |
2017/10/20 10:10
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The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account. |
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Supreme Court to consider American Express fee dispute
Court News |
2017/10/18 10:10
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The Supreme Court is taking up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees.
The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.
The case stems from a lawsuit filed by states and the Obama administration in 2010 against American Express, Mastercard and Visa. The lawsuit said that letting merchants steer customers to cards with lower fees for merchants or to other preferred cards would benefit consumers and increase incentives for networks to reduce card fees.
Visa and MasterCard entered into consent judgments in 2011 and stopped their anti-steering rules for merchants while American Express proceeded to trial.
A trial judge ruled against American Express in 2015, but the appeals court reversed that ruling last year.
The Trump administration said it agreed with the states, but still urged the Supreme Court to reject the case. The administration said the justices should let the issue percolate in the lower courts.
The 11 states that joined the appeal are Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Ohio, Rhode Island, Utah and Vermont.
Other states that were part of the original lawsuit are Arizona, Missouri, Nebraska, New Hampshire, Tennessee and Texas.
The court will hear argument in Ohio v. American Express, 16-1454, during the winter. |
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Supreme Court won't take case of alleged USS Cole mastermind
Headline Legal News |
2017/10/17 10:10
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The Supreme Court is leaving in place a decision that the alleged mastermind of the 2000 attack on the USS Cole that killed 17 U.S. sailors should face a trial by a military commission.
The court on Monday declined to take up the case of Saudi national Abd al Rahim al-Nashiri (ahbd al-ruh-HEEM' al-nuh-SHEE'-ree). Al-Nashiri had sought to challenge the authority of a military commission in Guantanamo Bay hearing his case. But an appeals court ruled last year that al-Nashiri's challenge would have to wait until after his trial.
Al-Nashiri argued that military commissions only have authority over offenses that take place during an armed conflict. He said the U.S. was not officially at war with al-Qaida at the time of the attack. |
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The Latest: Spain asks for jailing of Catalonia police chief
Court Watch |
2017/10/16 10:09
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A Spanish prosecutor is asking for Catalonia's regional police chief to be jailed in a sedition case related to the staging of Catalonia's banned Oct. 1 secession referendum.
Maj. Josep Lluis Trapero testified for about two hours at Madrid's National Court on Monday, following which the court prosecutor recommended he be sent to prison provisionally without bail. The judge will decide on the request after 6 p.m.
Trapero, another regional police offer and the leaders of two pro-independence associations are under investigation for sedition for their roles in Sept. 20-21 demonstrations in Barcelona as Spanish police arrested several Catalan officials and raided offices in a crackdown on referendum preparations.
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Ex-SKorea leader Park complains about extension of detention
Court Watch |
2017/10/15 10:10
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Jailed former South Korean President Park Geun-hye called herself a victim of "political revenge" in her first public remarks since her high-profile corruption trial began in May, news reports said, as her lawyers resigned Monday in an apparent protest over the court's decision to extend her detention.
The moves appeared to be aimed at applying pressure on the court and rallying her small number of conservative supporters in a development that could intensify a political divide and delay the trial.
The Seoul Central District Court said Park's seven lawyers resigned collectively Monday, three days after it approved an additional six-month arrest warrant for her. Court officials said they will appoint lawyers for Park if her lawyers do not reverse their decision or Park doesn't name a new defense.
A verdict had been expected possibly before the end of the year. If Park has new lawyers, the trial is likely to be delayed because they will need to become familiarized with a massive amount of court and investigation documents, reportedly estimated at more than 100,000 pages.
Park, who was removed from office and arrested in late March, faces a range of corruption and other charges that could lead to a lengthy prison term. Among the key charges are that she colluded with a longtime friend to take tens of millions of dollars from companies in bribes and extortion.
During a court session Monday, Park reiterated her innocence, saying she hopes she will be the last person to suffer "political revenge" orchestrated in the name of justice. She also described her past months of detention as a "wretched and miserable time," and said she had never abused her power or accepted illicit requests for favors while in office, Yonhap news agency reported.
Other South Korean media carried similar reports about Park's comments. The Seoul court said it couldn't confirm them, while calls to her former main lawyer were not answered.
Park denied most of the allegations many times before her March arrest, but Monday's comments were her first in court since her trial started.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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