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Ohio Court Says Voters Need to Approve Video Lottery

September 22nd, 2009 by Dana Altman

The Ohio Supreme Court has struck down the state’s plan to put up to 17,500 video lottery terminals at horse racing tracks. LetOhioVote.org filed a lawsuit, arguing that the state constitution requires voter approval of the state’s gambling plan.

The state had argued that the plan not subject to voter approval because it was part of appropriation process and revenues were allocated to education. The court ordered the Secretary of State to allow the plaintiffs to pursue a referendum. Meanwhile, the state will forego the expected revenues of $933 million over two years until a refendum may be placed on the November 2010 ballot. The state was expecting to use the projected revenues to address a $3.2 billion shortfall in the latest two-year budget, in order not to raise taxes.

Source: http://www.reuters.com/article/marketsNews/idUSN2130498420090921

Court Rejects SEC and Bank of America Settlement

September 15th, 2009 by Dana Altman

Federal district Judge Jed Rakoff rejected a $33 million deal to settle claims that Bank of America misled investors about an agreement to pay Merrill Lynch & Co. executives billions of dollars in bonuses before the bank bought the troubled investment firm. The Securities and Exchange Commission (SEC) had filed a complaint against the bank last month, claiming that Bank of America stated in a November joint proxy statement for the acquisition that Merrill had agreed not to pay year-end performance bonuses or other incentive pay to executives before the closing without Bank of America’s consent. In the complaint, the SEC claims the Bank of America had agreed that Merrill could pay up to $5.8 billion in discretionary year-end and other bonuses to Merrill executives for 2008.

The SEC complaint further states that Merrill Lynch paid $3.6 billion in bonuses to its executives, despite the fact that it lost $27.6 billion in 2008, a record loss for the firm and nearly $20 billion more than the $7.8 billion it had lost in 2007. Bank of America acquired Merrill on Jan. 1 for $33 billion.

Sources: http://www.huffingtonpost.com/2009/09/14/judge-overturns-bank-of-a_n_285947.html

http://www.bloomberg.com/apps/news?pid=20601087&sid=ak_7l7vmBs.g

Congress Considers Yahoo and Microsoft Partnership

September 1st, 2009 by Dana Altman

Yahoo and Microsoft have proposed a partnership in search and advertising, prompting legislators to review privacy issues in behaviorally targeted marketing practices that track users’ activity online. Federal legislation has been proposed to allow users to actively “opt in” to programs that track their browsing. Currently, users to opt-out of behavioral tracking and few people bother to do so.

Yahoo reported that out of 140 million U.S. visitors to its sites in July 2008, “approximately 75,000″ visited its opt-out page. Microsoft reported that out of 130 million U.S. visitors to its sites in August 2008, only approximately 1,800 opted out. eMarketer estimates that spending on behaviorally targeted advertising in the U.S. will quadruple to $4.4 billion by 2012.

Source: http://www.marketwatch.com/story/planned-privacy-law-may-hamper-online-ad-industry-2009-09-01

First Provisions of New Credit CARD Law Go Into Effect

August 25th, 2009 by Dana Altman

8/25/09

While most provisions of the new Credit CARD Act don’t go into effect until next February, two provisions went into effect last week. The first change in effect is that credit card companies must notify customers 45 days before changing interest rates or other significant terms of an account. They also must make sure customers have 21 days between the time statements are sent out and when the payment is due, which is an increase of 7 days from previous rules.

Under the new provisions in effect, credit card statements will contain clear explanations of how long it will take to pay off a balance if you make only the minimum payment each month. Credit card companies will no longer be able to raise interest rates on existing balances if you’ve been paying on time, won’t be allowed to raise rates the first year an account is open unless the promotional rate was initially explained, and will have to review accounts every six months if they do hike rates, to reassess the increase and determine if it should be lowered. They will also no longer be allowed to charge fees for going over credit limits unless the consumer agrees to pay that fee, and must apply any amount of payment over the minimum to the highest interest rate balance first. Consumers facing rate hikes will have the right to cancel a card and pay it off over time at the lower rate if they choose to do so

In addition, there are new restrictions about granting credit to students. There are also parts of the new law that limit things like inactivity fees and expiration dates on prepaid cards and gift cards.

Source: http://www.huliq.com/7504/85169/credit-card-act-2009-phase-1-starts-today

Animal Rights Group Sue Over Helmsley Estate

August 18th, 2009 by Dana Altman

Three animal rights groups are suing over a judge’s ruling that allows the trustees of Leona Helmley’s estate to use funds to beneft people, rather than animals. In February, a judge ordered that the trustees of the Leona M. and Harry B. Helmsley Charitable Trust have sole discretion to decide which charities will receive funds from the trust. In April, the trustees gave $136 million to hospitals, foundations and the homeless. $1 million was donated to groups that benefit animals and train guide dogs for the blind.

The groups, the Humane Society of the United States, the American Society for Prevention of Cruelty to Aminals, and Maddie’s Fund, claim that the trustees are engaged in a scheme to deprive dog welfare charities from sharing in the funds of the Helmsley estate and acting against the wishes expressed in Helmsley’s will. The hotel heiress’ estate has been valued between $5 and $8 billion, with $12 million left in a trust for her Maltese dog named Trouble. A judge later reduced that trust amount to $2 million.

Source: http://www.breakinglegalnews.com/5599

Eunice Kennedy Shriver Dies

August 11th, 2009 by Dana Altman

Eunice Kennedy Shriver has died at the age of 88 at a Cape Cod hospital, after suffering a series of strokes. She was a sister of President John F. Kennedy and Sens. Robert F. Kennedy and Edward M. Kennedy, and the fifth of nine children born to Joseph P. Kennedy and Rose Fitzgerald Kennedy. Shriver was the founder of the Special Olympics and devoted herself to helping those with mental disabilities.

In a 1962 article in the Saturday Evening Post, Shriver revealed that her older sister, Rosemary Kennedy, was developmentally disabled. Rosemary had been institutionalized since the age of 23. Her father arranged for her to have a prefrontal lobotomy in 1941, an experimental operation which destroyed part of her brain, leaving her in an infantlike state. She was later kept out of sight at other institutions snd secluded from her family. Shriver’s candor about her sister helped raised awareness about proper treatment for those with mental disabilities.

In 1982, Shriver founded the Community of Caring, an organization devoted to at-risk teens. Their work focuses on issues such as preventing teenange pregnancy, drug and alcohol abuse, and encourages teens to stay in school and develop proper values. Shriver’s political activism on behalf of those who are mentally disabled and at-risk teens helped earn her the Presidential Medal of Freedom in 1984, the nation’s highest civilian award.

Source: http://www.washingtonpost.com/wp-dyn/content/article/2009/08/11/AR2009081100689.html?hpid=topnews&sid=ST2009081101304

Second Music Download Case Goes to Trial

July 29th, 2009 by Dana Altman

A Boston University student, 25 year-old Joel Tenenbaum, is on trial in a lawsuit brought against him by the recording industry. He is accused on illegally downloading and distributing music online. Although only 30 songs are at issue in the case, the plaintiffs claim Tenenbaum has downloaded and distributed thousands of songs online.

Tenenbaum is represented by Harvard law professor Charles Nesson. Last month, in the first music downloading case to go to trial, a federal jury awarded $1.9 million in damages against a Minnesota woman for copyright infringement.

Source: http://www.breakinglegalnews.com/entry/Lawyer-defends-song-swapper-in-Mass-download-case




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