Court sides with Argentina, speeding along bond settlements

Lawyer Blog Post 2016/04/16 01:19   Bookmark and Share
A federal appeals court cleared the way Wednesday for Argentina to settle its debts and strengthen its ability to maneuver in worldwide markets.

The 2nd U.S. Circuit Court of Appeals turned away creditors who wanted to keep in place court-ordered protections, though Circuit Judge Christopher Droney said a lower-court judge should take steps to determine whether Argentina has met conditions he required be fulfilled before court orders against the republic are permanently lifted. The conditions include completing settlement payments.

A three-judge panel announced its decision after hearing oral arguments for more than an hour. It found a judge was within his rights to conclude that circumstances surrounding the decadelong court battle changed dramatically when Argentina's new president, Mauricio Macri, decided to let the nation negotiate deals with bondholders after he took office Dec. 10.

Since January, Argentina has reached agreements to pay more than $8 billion to creditors, mainly U.S. hedge funds.

Argentine Economy Minister Alfonso Prat-Gay, who is in New York ahead of Argentina's first international bond sale in more than a decade, said, "This is a step toward achieving normality and the kind of development that Argentina deserves."

His country is expected to sell up to $15 billion in bonds, and he said the holdout funds will be paid on April 22.
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Democrats push McConnell, GOP on Supreme Court nomination

Headline Legal News 2016/04/16 01:18   Bookmark and Share
Senate Democrats called on Republicans to vote on Merrick Garland's nomination to the Supreme Court by Memorial Day, as GOP lawmakers showed no sign of relenting despite the latest round of courtesy calls.

Senate Majority Leader Mitch McConnell, R-Ky., maintains that the president chosen by voters in November should fill the vacancy on the high court, and there will be no confirmation hearings or a vote. But Senate Minority Leader Harry Reid and his Democratic colleagues are hoping that election-year pressure will eventually wear them down.

"We feel the public is on our side, and this is to their detriment," Reid told reporters Thursday at a news conference in which Democrats pressed for consideration of Garland's nomination.

One Republican in a tough re-election race, Sen. Rob Portman of Ohio, met with Garland Thursday morning and told the judge that he agreed with McConnell on delaying the nomination until after the next president takes office.

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Supreme Court to swear in large group of deaf lawyers

Legal Insight 2016/04/15 01:19   Bookmark and Share
Mobile phones ordinarily are strictly forbidden in the marble courtroom of the nation's highest court, but the justices are making an exception next week when roughly a dozen deaf and hard-of-hearing lawyers will be admitted to the Supreme Court bar.

The lawyers will use their phones to see a real-time transcript as they take part in an April 19 swearing-in ceremony featuring the largest group of hearing-impaired attorneys ever admitted at one time to practice before the high court.

Advocates for deaf lawyers say they hope the event will encourage others with disabilities to pursue legal careers.

"We wanted to do an event that would help break down stereotypes and demonstrate clearly that deaf and hard-of-hearing individuals can achieve anything they set their minds to," said Anat Maytal, a New York lawyer and president of the Deaf and Hard of Hearing Bar Association.

Nearly 4,000 lawyers join the Supreme Court bar each year, though the vast majority will never actually represent a client there. Membership requires a $200 fee, membership in a state bar for three years and sponsorship by two current Supreme Court bar members.
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Appeals court rules Mississippi can resume Google inquiry

Legal Business 2016/04/14 01:20   Bookmark and Share
Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.

The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.

Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.

The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
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Despite court ruling, China gay rights movement makes gains

Court News 2016/04/14 01:19   Bookmark and Share
For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
 
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.

"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."

Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.

The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.
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Cosby asks court to reseal testimony about affairs, drugs

Court News 2016/04/14 01:19   Bookmark and Share
Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.

Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.

Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.

But the judges questioned that strategy, too.

The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.

Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.

In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.

The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.
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