Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

14 August 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 18 of 2009
Useful Links
and Items of Interest  
 

United States and South America

Argentina

'Dirty war' general found guilty - 13 August
A former general who headed a notorious detention centre during Argentina's military rule has been sentenced to life in prison for human rights abuses. Santiago Omar Riveros, 86, commanded the Campo de Mayo military barracks on the outskirts of Buenos Aires. He was found guilty of involvement in the 1976 murder of 15-year-old communist youth member, Floreal Avellaneda, who was tortured to death. Some 30 000 people disappeared or died in Argentina's 1976-1983 "Dirty War". - BBC News website

Bolivia

Bolivian Indians in historic step - 3 August
Bolivia has become the first country in the history of South America to declare the right of indigenous people to govern themselves. The country's first indigenous president, Evo Morales, launched his so-called "indigenous autonomy" policy in the eastern lowlands. Peasant and indigenous communities will be entitled to vote for more autonomy in referendums next December. The provisions are contained in a constitution passed earlier this year. The new charter was bitterly opposed by Bolivia's traditional elite. - BBC News website
Keyphrase :
Traditional leadership

Brazil

Britons to stay in Brazil prison - 31 July
Two British law graduates charged with attempted insurance fraud in Brazil are said to be "anxious and concerned" after they were denied bail. Shanti Andrews and Rebecca Turner, both 23, are being held in the "tough" Polinter prison, near Rio de Janeiro. The women claim they were robbed but the police allegedly uncovered some of the items in their Rio hostel room. - BBC News website

Courts

Extortion conviction upheld for lawyer who threatened hair-cut pricing suit - 7 August
The New Hampshire Supreme Court has upheld the extortion conviction of a lawyer who threatened to sue a Concord hair salon for charging women more money for haircuts than men or children. The conviction was based on a letter Daniel Hynes sent in December 2006 to Claudia's Signature Salon accusing the shop of violating laws barring gender and age discrimination. The letter demanded $1 000 to avoid litigation and gave the salon owner 10 days to comply. However, Hynes had never visited the salon and did not have a client complaining of discriminatory pricing. As a result, he did not have standing to pursue a claim under the state's Consumer Protection Act, according to the court. The salon owner’s husband complained to the attorney general, who sent an investigator posing as a business partner to settlement discussions. Hynes was arrested after agreeing to a $500 settlement. - ABA Journal website

Survivors say stunt left them twisted - 10 August
One woman who took part says the "Hold Your Wee for a Wii" contest left her with a fear of water, and that she can no longer listen to the radio. Another contestant says she has gained 60 pounds and suffers from irrational mood swings. A third worries about her own mortality, "like I am destined to die young, maybe at my own hand". Fallout from the January 2007 contest that left one contestant dead sparked media coverage worldwide. - The Sacramento Bee website

Judge : Microsoft banned from selling Word in the US - 12 August
Welcome to the world of surprising patent lawsuits. A Texas judge ruled Tuesday that Microsoft cannot sell Word – yes, Microsoft Word, the cornerstone of Microsoft Office – in the United States. - Mashable website

Judge jails man for yawning in court - 11 August
Clifton Williams was sitting in an Illinois courtroom waiting for the final sentence of his cousin for drugs charges, when suddenly he yawned. Judge Daniel Rozak sentenced the cousin to two years in prison and will imprison Williams to six months in prison for yawning in his courtroom. State' attorney's office spokesperson Chuck Pelkie said that Williams did not let out a simple yawn and instead "let out a boisterous and loud yawn." - Digital Journal website

Cyberlaw

First ever criminal prosecution for domain name theft underway - 3 August
Over the years hundreds of stories of domain name theft have been reported, most famous among them of course is the theft of Sex.com.  Even as recent as last week, reports of stolen domains sent a chilling reminder through the domain industry as valuable domains Before.com, Adios.com and others were stolen from Warren Weitzman. Until recently, there hasn’t been a case of a domain theft where the thief was caught and arrested. However, on July 30th, Daniel Goncalves was arrested at his home in Union, New Jersey and charged in a landmark case, the first criminal arrest for domain name theft in the United States. - DomainNameNews website

Judge rules that DVD copying software is illegal - 12 August
American software company RealNetworks has been banned from selling a program that lets people make copies of their DVDs, in a US court decision that could have far-reaching implications. After a year-long case over the legality of the company's RealDVD software, a district court in San Francisco ruled that Real had violated America's copyright laws and granted a preliminary injunction against Real to prevent it selling the program. In her ruling, Judge Marilyn Hall Patel said that the complex meant that it was not illegal for consumers to copy their own DVDs – just illegal to produce a program that allowed them to do so. - Guardian website

Employers watching workers online spurs privacy debate - 23 April
A case brewing in federal court in New Jersey pits bosses against two employees who were complaining about their workplace on an invite-only discussion group on MySpace.com, a social-networking site owned by News Corp, publisher of The Wall Street Journal. The case tests whether a supervisor who managed to log into the forum - and then fired employees who badmouthed supervisors and customers there - had the right to do so. - Wall Street Journal website

Finance

'All fake' : key Madoff executive admits guilt - 12 August
A key lieutenant of convicted Ponzi-scheme operator Bernard Madoff pleaded guilty to multiple counts of fraud, becoming only the second person after Mr Madoff to admit to complicity in the multibillion-dollar fraud. Frank DiPascali Jr pleaded guilty to 10 criminal charges at a hearing in federal court in lower Manhattan in New York and was immediately sent to jail. - Wall Street Journal website

Bernard Madoff's right hand man pleads guilty, will tell all - 11 August
Bernard Madoff's right hand man in his monumental Ponzi scheme, Frank DiPascali, will "tell all and name names" under the terms of a guilty plea deal announced today in federal court in New York City. DiPascali apologized for his actions and described the transactions as "all fake. It was all fictitious. It was wrong, and I knew it was wrong at the time". - abc News website

Madoff aide reveals details of Ponzi scheme - 11 August
On Tuesday, Mr DiPascali stood in a federal courtroom in Lower Manhattan and admitted that, for at least the last 20 years, he had helped Mr Madoff carry out one of the biggest frauds in Wall Street history. Indeed, he detailed for the first time how he and unidentified others helped Mr. Madoff perpetuate the crime - using historical stock data from the Internet to create fake trade blotters, sending out fraudulent account statements to clients and arranging wire transfers between Mr Madoff's London and New York offices to create the impression that the firm was earning commissions from stock trades. - New York Times website

Madoff relied on 'key lieutenant', old stationery to hide scam - 12 August
Bernard Madoff used a random-number generator, old stationery, a "phantom" trading platform and an aging computer to hide for decades the world's biggest Ponzi scheme, US regulators said in claims against the person they called his "key lieutenant", Frank DiPascali. DiPascali, who yesterday pleaded guilty in federal court in Manhattan to 10 criminal charges, including conspiracy, fraud and money laundering, faces up to 125 years in prison. He also settled a civil lawsuit with SEC yesterday. Civil penalties in that case may be set later. The Madoff case is US v Madoff, 09-cr-213, US District Court, Southern District of New York (Manhattan). - Bloomberg website

Miscellaneous

Jobless graduate sues her college - 3 August
A New York woman who says she cannot find a job is suing the college where she obtained a bachelor's degree, the New York Post reports. Trina Thompson, 27, filed a lawsuit last week against Monroe College in Bronx Supreme Court. She is seeking to recover $70 000 (£42 000) she spent on tuition to get her information technology degree. Monroe College spokesman Gary Axelbank said Ms Thompson's lawsuit was "completely without merit". - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society