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

4 September 2009

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

InfoUpdate 19 of 2009
Useful Links
and Items of Interest  
 

United States, Canada and South America

Brazil

When love is gone, divorce is one click away - 2 September
The Brazilian Senate has approved a bill that would allow consensual divorces to be filed and resolved on the Internet. The Senate's official news agency says the bill would speed divorce proceedings, allowing couples to split without lawyers or having to wait in line in court. Couples could file for legal separations, divide property and decide alimony via the Internet as well, according to the bill approved Wednesday by the Senate constitutional commission. - IOL website

Community work for fraud Britons - 20 August
Two British law graduates who admitted an attempted insurance fraud in Brazil have been sentenced to community service and fined. Rebecca Turner and Shanti Andrews told a court they were robbed but exaggerated the theft. They told police that goods worth £1 000 were stolen from them during a bus journey in Brazil. The women, both 23, may have to stay in Brazil for at least eight months, unless an appeal succeeds. - BBC News website

See also
Britons to stay in Brazil prison - 31 July

Canada

Hate speech law unconstitutional : rights tribunal - 2 September
The Canadian Human Rights Tribunal on Wednesday ruled that Section 13, Canada's much maligned human rights hate speech law, violates the Charter right to free expression because it carries the threat of punitive fines. The shocking decision by Tribunal member Athanasios Hadjis leaves several hate speech cases in limbo, and appears to strip the Canadian Human Rights Commission of its controversial legal mandate to pursue hate on the Internet, which it has strenuously defended against complaints of censorship. - National Post website

Courts

SA does about-turn on US apartheid case - 3 August
The South African government has overturned a decision made under ex-president Thabo Mbeki not to support class action for apartheid reparations from eight United States-based companies, Business Report said on Thursday. Justice Minister Jeff Radebe has written a letter to the presiding judge of the US District Court of the southern district of New York to announce that President Jacob Zuma's government would support the lawsuit brought by Khulumani Support Group. This was in contrast to a letter written by his predecessor, Penuell Maduna, to the court in July 2003, which said the state would oppose Khulumani's action because it would "discourage much-needed foreign investment". - Mail & Guardian website
Keyphrase :
United States. 'Apartheid Case'

Microsoft wins right to sell Word - 4 September
Microsoft has overturned a ban on it selling its flagship Word software, imposed after a patent dispute. The block was imposed by a Texan court following a ruling that its use of formatting language XML in Word 2003 and 2005 infringed patents. Under the ruling Microsoft was ordered to pay Canadian patent owner i4i $290m (£177m) damages and also told to stop sales of the relevant versions of Word. - BBC News website

Criminal Justice System

Prosecutor's duty to disclose evidence an information favorable to the defense - 8 July
American Bar Association. Standing Committee on Ethics and Professional Responsibility. - ABA website

Handwriting-based tool offers alternate lie detection method - 29 August
For ages experts and laymen have been analyzing and trying to crack the code of handwriting characteristics, in order to detect an individual's personality traits, or in most cases, gauge their innocence in the case of a crime. Although this science has often gone the way of pseudoscience, researchers are now discovering that with the aid of a computerized tool, handwriting characteristics can be measured more effectively. - Science Daily website

Cyberlaw

Bill would give president emergency control of Internet - 28 August
Internet companies and civil liberties groups were alarmed this spring when a U.S. Senate bill proposed handing the White House the power to disconnect private-sector computers from the Internet. They're not much happier about a revised version that aides to Sen. Jay Rockefeller, a West Virginia Democrat, have spent months drafting behind closed doors. CNET News has obtained a copy of the 55-page draft of S.773, which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency. - Politics and Law website

Entertainment

'Lethal levels' of anesthetic propofol killed Michael Jackson - 24 August
Michael Jackson died of  "lethal levels" of the powerful anesthetic propofol, according to a search warrant affidavit unsealed today in Houston. The court documents quote the LA County coroner's office as reaching that conclusion after an autopsy of the pop star. The documents address one of the major unanswered questions surrounding Jackson's death. But they also raise new questions about how Jackson was treated, particularly in the hours before his death. Much of the investigation has focused on propofol - a drug typically administered by anesthesiologists during surgery - and whether Jackson's personal doctor Conrad Murray’s decision to give it to Jackson as a sleep aid outside a hospital setting reaches a level of negligence required for an involuntary manslaughter charge. - Los Angeles Times website

Rihanna attacker Brown sentenced - 25 August
US singer Chris Brown has been sentenced to 180 days' community labour and five years' probation for assaulting pop star Rihanna. The 20-year-old R&B star pleaded guilty in June to beating Rihanna, his former girlfriend, before the Grammy awards in Los Angeles in February. The judge said Brown must do physical labour, not community service, and attend domestic violence counselling. Brown must also stay at least 100 yards from Rihanna for the next five years. The judge said violation of the terms would be taken "very, very seriously". - BBC News website

Family Law

The role of a child custody investigator - 25 October 2007
Contrary to popular belief, child custody investigators are not just private detectives hired by those who can afford their exorbitant fees. The court system also employs investigators to provide them with a better insight into the daily routines and behaviors of both parents. Since the judge is unlikely to witness either parent's activities outside of the court room, it has become more common for the court to assign an independent party to monitor these things. For that reason it is important for anyone facing a custody hearing to become aware of the role that an investigator plays, and how it may affect the outcome of the case. - articles engine website

Finance

Madoff fraud probes 'a failure' - 2 September
The US financial watchdog mishandled a string of probes into the business of convicted fraudster Bernard Madoff, an investigation has found. It said the Securities and Exchange Commission bungled five investigations despite many complaints over 16 years about the $65bn (£40bn) fraud. - BBC News website

Executive summary of SEC IG's Madoff Report now available - 2 September

Guatemala

Guatemala sees landmark sentence - 1 September
A Guatemalan court has sentenced an ex-paramilitary officer to 150 years in prison for the forced disappearance of civilians in the civil war. Felipe Cusanero, found guilty over the disappearance in the 1980s of six indigenous Maya farmers, is the first person to be jailed for such crimes. Human rights groups have hailed the verdict as a breakthrough in the fight against impunity in Guatemala. - BBC News website

Health

Pfizer agrees record fraud fine - 2 September
US drugmaker Pfizer has agreed to pay $2.3bn (£1.4bn) in the largest healthcare fraud settlement in the history of the Department of Justice. It follows the firm being found to have illegally promoted four drugs as treatments for conditions different to those which regulators had approved. The investigation was trigged by allegations made by six whistleblowers. They will receive $102m of the civil fines paid by Pfizer. - BBC News website
Keyphrases :
Bextra
False Claims Act
Geodon
Lyrica
Zyvox

Human Rights

Why are cops tasering grandmothers, pregnant women and kids? - 17 August
In the several years since the Arizona-based Taser International has deployed its terminologically challenging Electronic Control Devices (ECDs), colloquially known as stun guns or simply tasers, what started out as a midrange law enforcement weapon has turned into a surreal nightmare that has gone viral from streets to screens. Thanks to the taser's wildfire deployment, classification as non-lethal weaponry and pop-cultural appeal in films, television, comics and even cartoons, cops have nearly lost their minds using it on everyone from children, the elderly, and pregnant mothers to the mentally unstable and physically disabled. - AlterNet website

Privacy

US rejects wiretapping challenge - 21 August
A US judge has rejected a challenge to a law that allows intelligence services to eavesdrop on overseas conversations to gather intelligence. The Foreign Intelligence Surveillance Act allows the US to monitor the calls and emails of non-US citizens abroad. Human rights groups contended that their workers might be bugged for talking to people under surveillance. - BBC News website

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