Samsung heir Lee appears in court for corruption retrial
Attorney News | 2019/10/25 17:13
Billionaire Samsung scion Lee Jae-yong appeared in court Friday for a retrial on corruption allegations linked to a 2016 scandal that spurred massive street protests and sent South Korea's then-president to prison.  

"I feel deeply sorry for worrying many people," Lee said while facing a barrage of camera clicks before walking into the Seoul High Court with his lawyers. He didn't answer questions about the prospects of a jail term or how that would affect Samsung's business. Some protesters shouted "Arrest Lee Jae-yong!"

The Supreme Court in August ordered the retrial after concluding the amount of bribes Lee was accused of providing to ex-President Park Geun-hye and her confidante had been underestimated in a previous ruling that freed the Samsung Electronics vice chairman from jail on a suspended sentence.

While Lee apparently faces an increased possibility of serving jail time in the retrial, it's unclear what that would mean for Samsung, the world's largest manufacturer of computer chips, smartphones and TVs.

Some experts say a jailed Lee would hurt Samsung's decision-making process at a critical time as the company grapples with instability in the semiconductor market and ramifications from the trade war between the United States and China.


Wikileaks founder Julian Assange loses bid to delay hearing
Attorney News | 2019/10/21 20:59
WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.

Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused.

Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December.

Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.

After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court.

He said the case is not “equitable” because the U.S. government has “unlimited resources” while he doesn’t have easy access to his lawyers or to documents needed to prepare his battle against extradition while he is confined to Belmarsh Prison on the outskirts of London.

U.S. authorities accuse Assange of scheming with former Army intelligence analyst Chelsea Manning to break a password for a classified government computer.

Lawyer Mark Summers, representing Assange, told the judge that more time was needed to prepare Assange’s defense because the case has many facets, including the very rare use of espionage charges against a journalist, and will require a “mammoth” amount of planning and preparation

“Our case will be that this is a political attempt to signal to journalists the consequences of publishing information. It is legally unprecedented,” he said.

He also accused the U.S. of illegally spying on Assange while he was inside the Ecuadorian Embassy seeking refuge and taking other illegal actions against the WikiLeaks founder.


Supreme Court takes up cases about LGBT people’s rights
Attorney News | 2019/10/08 19:07
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.

In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.

Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.

“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.

Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.


EU court: ‘Active consent’ required for cookie storage
Attorney News | 2019/10/02 02:28
The European Union’s top court has ruled that website operators must secure internet users’ “active consent” to their storage of so-called cookies.

The European Court of Justice’s ruling Tuesday was prompted by a dispute between German firm Planet49 and a German consumer organization over the company’s use of a pre-ticked checkbox for participants in online promotional games to secure consent to cookie storage.

Judges found that EU law’s requirement for users to consent to storage of and access to cookies on their devices isn’t covered by a pre-checked box that the user “must deselect to refuse his or her consent.”

They said specific consent must be obtained. They also said the service provider must tell users how long the information about them will operate and whether third parties may access them.


High Court overturns city mandate on construction projects
Attorney News | 2019/09/20 12:50
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.

A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.

The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.

Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.

Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.



Buffalo Chip takes quest to become town before Supreme Court
Attorney News | 2019/09/17 12:51
The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."



‘The Supreme Court Is Not Well. And the People Know It.’
Attorney News | 2019/09/04 23:50
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.

On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”

The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.

Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.


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