Glancy Binkow & Goldberg LLP Announces Class Action

Headline Legal News 2012/03/02 10:19   Bookmark and Share
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York, on behalf of purchasers of CNOOC Limited American Depositary Shares between January 27, 2011 and September 16, 2011, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. CNOOC, through its subsidiaries, engages in the exploration, development, production and sale of crude oil, natural gas and other petroleum products. The Company owns oil and natural gas properties in Asia, Oceania, Africa, the Americas and offshore China – including the Penglai 19-3 (“PL19-3”) oilfield situated in northern China’s Bohai Bay.

The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial results, including that: (i) the Company was not in compliance with environmental laws and regulations; (ii) the Company concealed the extent and severity of oil spills that occurred at the PL19-3 oilfield in June 2011; (iii) as news of the oil spills emerged, the Company downplayed its responsibility to effect the cleanup of the oil spills, portrayed itself as being the “non-operator” of the oilfield and, moreover, hindered the cleanup by requiring the operator of the oilfield to use a CNOOC-affiliated company for the cleanup; (iv) the Company improperly accounted for its contingent liabilities in violation of Generally Accepted Accounting Principles (“GAAP”); and (v), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s operations and its expected oil production.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased the ADSs of CNOOC between January 27, 2011 and September 16, 2011, you have certain rights, and have until April 29, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.

www.glancylaw.com

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Court: California can force inmates to submit DNA

Headline Legal News 2012/02/24 09:54   Bookmark and Share
A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.

The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.

The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.

The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.

The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.

The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.

Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.
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High court to take new look at affirmative action

Headline Legal News 2012/02/21 10:04   Bookmark and Share
The Supreme Court will once again confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas.

The court said Tuesday it will return to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions. This time around, a more conservative court is being asked to outlaw the use of Texas' affirmative action plan and possibly to jettison the earlier ruling entirely.

A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many of the nation's public and private universities, said Vanderbilt University law professor Brian Fitzpatrick.

A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court's decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in university admissions at the University of Michigan law school.

The Texas case will be argued in the fall, probably in the final days of the presidential election campaign, and the changed makeup of the Supreme Court could foretell a different outcome. For one thing, Justice Samuel Alito appears more hostile to affirmative action than his predecessor, Justice Sandra Day O'Connor. For another, Justice Elena Kagan, who might be expected to vote with the court's liberal-leaning justices in support of it, is not taking part in the case.
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Israel top court takes Palestinian detainee appeal

Headline Legal News 2012/02/20 09:41   Bookmark and Share
Israel's Supreme Court has scheduled a hearing this week on the appeal of a Palestinian prisoner waging an unprecedented hunger strike that has stretched for more than two months, court officials and his lawyers said Monday.

Khader Adnan, a member of the Islamic Jihad militant group, is demanding he be released immediately. He has not been charged with a crime and does not know what he is suspected of doing.

The case of the 33-year-old Adnan has attracted widespread attention among Palestinians, with large crowds holding regular protests in his support.

The life-threatening gamble has also drawn broader attention toward Israel's policy of "administrative detention," under which Palestinians can be held without charge for months, and even years, at a time.

Both the European Union and the United Nations have said they are following the case closely and urged Israel to give Adnan an open trial.

Adnan was arrested on Dec. 17 and later sentenced to four months of administrative detention. He launched the strike a day after his arrest, protesting his administrative detention and claiming he was beaten and humiliated in captivity.

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Court hearing planned for Utah's immigration law

Headline Legal News 2012/02/17 11:02   Bookmark and Share
Eight months after Utah's immigration enforcement law was put on hold by a federal judge, attorneys on both sides will have an opportunity on Friday to argue the constitutionality of the measure.

The law created by House Bill 497 would have allowed police to check the citizenship of anybody they arrest. It was initially blocked last May by U.S. District Judge Clark Waddoups, 14 hours after it went into effect. At the time, Waddoups pointed at similarities to a contentious Arizona law that is bound for the U.S. Supreme Court and said there was sufficient evidence that at least some parts of the Utah law would be found unconstitutional.

The American Civil Liberties Union and National Immigration Law Center sued a week before the law went into effect to stop the implementation of House Bill 497, saying it could lead to racial profiling. The U.S. Justice Department joined the lawsuit in November, claiming the measure usurped federal authority.

Lawyers for the Utah attorney general's office have maintained the law is constitutional because it doesn't allow police to check the citizenship of everyone they encounter. They argue lawmakers worked to avoid the constitutional pitfalls of the Arizona law and passed a significantly different bill.

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US bishops fight birth control deal

Headline Legal News 2012/02/14 09:44   Bookmark and Share
The top U.S. Catholic bishop vowed legislative and court challenges Tuesday to a compromise by President Barack Obama to his healthcare mandate that now exempts religiously affiliated institutions from paying directly for birth control for their workers, instead making insurance companies responsible.

Cardinal-designate Timothy Dolan, who heads the U.S. Conference of Catholic Bishops, said in an interview with The Associated Press that he trusted Obama wasn't anti-religious and intended to make good on his pledge to work with religious groups to fine-tune the mandate.

"I want to take him at his word," Dolan said in Rome, where he will be made a cardinal Saturday. But he stressed: "I do have to say it's getting harder and harder," to believe Obama's claim to prioritize religious freedom issues given the latest controversy.

Obama sought to quell fierce election-year outrage on Friday by abandoning his stand that religiously affiliated institutions such as Catholic hospitals and universities must pay for birth control. Instead, he said insurance would step in to provide the coverage.

The administration's initial position had outraged evangelicals and Catholic bishops and emboldened many Republicans who charged that it amounted to an assault on religion by forcing religious institutions to pay for contraception, sterilization and the morning-after pill against their consciences.

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