Deal aims to cut endangered species red tape | Reuters

Animals and plants that may deserve protection under the Endangered Species Act moved closer to getting help under a legal settlement plan announced on Tuesday by the government and environmentalists.

The plan, which followed a legal battle between the government and the environmental group WildEarth Guardians, aims to cut legal and bureaucratic red tape that has kept 251 species from being officially listed as endangered or threatened, clearing the way for government protection.

The main problem is the heavy flow of litigation by environmental groups and others asking for consideration of various types of wildlife under the Endangered Species Act, Deputy Interior Secretary David Hayes said.

“In recent years, the Endangered Species Act listing program has been mired in litigation,” Hayes said in a telephone briefing. “Priorities are being set by plaintiffs and courts instead of by wildlife professionals, by litigation instead of science.”

As a result, 251 plant and animal species are classified as “warranted but precluded” from endangered species listing, because the Fish and Wildlife Service is dealing with higher priority matters, often dictated by court deadlines.

via Deal aims to cut endangered species red tape | Reuters.

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Google Will Face Privacy Audits For The Next 20 Long Years (GOOG)

Google has reached a settlement with the Federal Trade Commission over Buzz, a social blogging service that the company introduced through Gmail last year.

As part of the deal, Google will be subjected to regular, independent privacy audits for the next 20 years. By then, soon-to-be CEO Larry Page will be 58 years old.

Buzz drew heavy criticism at launch in February 2010 for a glaring privacy flaw. When users turned it on, it suggested people to follow based on their Gmail contacts list and their most frequent email partners.

The problem: anybody following a user could automatically see all of his other Buzz contacts. So, for instance, your wife could see that you’re still exchanging lots of emails with your ex-girlfriend.

As the FTC put it, “Although Google led Gmail users to believe that they could choose whether or not they wanted to join the network, the options for declining or leaving the social network were ineffective.” Yikes.

via Google Will Face Privacy Audits For The Next 20 Long Years (GOOG).

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Dubai to launch mediation centre to cut litigation – The National

The Dubai courts are seeking to reduce the amount of litigation they handle with the launch this month of a dispute resolution and mediation centre.

The director general of Dubai Courts, Dr Ahmed bin Hazim al Suwaidi, said the centre – which is scheduled to begin operating this month – is expected to reduce litigations by 20 to 30 per cent this year.

“This new service will provide a faster option to dispute parties, in comparison with litigation, which can take months or years,” he said. “The dispute resolution would be reached within a 30-day period.”

It will “provide a new option for the disputers to settle their issues amicably,” he added. “We have also provided incentives such as a 50 per cent refund of the case registration fees if a resolution is found.”

The parties will discuss their dispute with the mediator until a settlement is reached. A settlement will be notarised and legally binding, Dr bin Hazim said, although the penalties for breaking a settlement have not yet been disclosed.

via Dubai to launch mediation centre to cut litigation – The National.

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With Panalpina Case, SEC Spreading its Wings on Foreign Corruption – Law Blog – WSJ

Look alive, all you foreign corruption gadflies. This one’s for you.

The Securities & Exchange Commission on Thursday announced a big corruption settlement: Seven companies will pay $236.5 million to settle charges filed by the Justice Department under the Foreign Corrupt Practices Act, which outlaws the paying of bribes overseas.

The seven settling companies were all in the oil services industry and were all linked to Swiss logistics company Panalpina Group.

Panalpina admitted paying $27 million in bribes to foreign officials in several countries to expedite services for a raft of companies, including Royal Dutch Shell, Transocean Inc. and GlobalSantaFe Corp., which also paid various amounts to settle the charges. Click here for a nice overview from the WSJ’s Corruption Currents blog; click here for the Bloomberg story.

But wait, that’s not all. As pointed out by the American Lawyer’s Litigation Daily, there was an interesting hook to this FCPA settlement.

Cheryl Scarboro, the chief of the SEC’s Foreign Corrupt Practices Act Unit, told the Litigation Daily on Friday that this investigation represents the first times that the SEC has charged a company that is not a U.S. issuer with FCPA violations. That’s right. The company settling, Panalpina, Inc., is not a U.S. issuer. (The Justice Department, however, has previously charged non-U.S. issuers with FCPA violations.)

via With Panalpina Case, SEC Spreading its Wings on Foreign Corruption – Law Blog – WSJ.

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School district settles webcam spying suit for $610,000 – Computerworld

A suburban Pennsylvania school district accused of spying on students using school-issued laptops has agreed to pay $610,000 to settle litigation stemming from its controversial practice.

Under the proposed settlement, the Lower Merion School District will pay $185,000 to two high school students who had sued the district earlier this year for allegedly snooping on them. The remaining $425,000 will go to attorneys fees.

The proposed settlement was approved by the district’s school board of directors Monday. It results from a “lengthy, court-ordered mediation” between all concerned parties, board President David Ebby said in a statement.

“Though we would have valued the opportunity to finally share an important, untold story in the courtroom, we recognize that in this case, a lengthy, costly trial would benefit no one,” Ebby noted. The statement did not elaborate on what untold story Ebby was referring to.

via School district settles webcam spying suit for $610,000 – Computerworld.

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Judge Signals Approval of Citigroup-SEC Settlement – WSJ.com

A federal judge said she would “ultimately approve” the Securities and Exchange Commission’s $75 million settlement with Citigroup Inc. after both sides agreed to add changes to the bank’s disclosure policies.

Judge Ellen Segal Huvelle, who had questioned the deal, said Friday that she was satisfied with it and would give her approval once it included remedial steps already taken by the bank, including a requirement that executives across nearly a dozen divisions sign off on the accuracy of statements and scripts about earnings.

The judge said she wanted those policies embedded in the pact so executives couldn’t change them on a whim.

Citigroup said in a statement: “We are pleased with today’s hearing and will comply with the judge’s request.”

via Judge Signals Approval of Citigroup-SEC Settlement – WSJ.com.

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Apple, Google, Intel, other tech firms admit secret agreements to not poach employees | Mercury News

Top executives at six prominent tech companies, including Silicon Valley titans Apple, Google and Intel, have admitted that they created a series of secret intra-company agreements designed to prevent their employees from job switching between them, and have agreed to a settlement in which the companies would end so-called “no solicitation agreements,” the U.S. Justice Department announced Friday.

The six companies, a group that also includes Adobe Systems, Intuit, and Pixar, acknowledged that starting in 2005 they agreed to not “cold call” employees at selected competitors to try to recruit them, a network of deals that eliminated a significant form of competition between the companies and violated federal anti-trust law, the Justice Department said.

According to the government’s complaint, a network of no-solicitation deals were formed and actively managed by senior executives between Google and Apple, and between Google, Intuit and Intel. Apple, meanwhile, also put no-solicitation deals in place with Adobe and Pixar.

While the companies acknowledged the government’s findings as part of the settlement, they did not admit to violating the law. Under the agreement, which must be approved by a federal court and which would run for five years, they will be required to stop the practice, and file compliance plans with the government. No fines were levied; a Justice Department official said the government does not have statutory authority to levy fines for these kinds of anti-trust cases.

More: http://www.mercurynews.com/bay-area-news/ci_16166037?nclick_check=1

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H.P.’s Foreign Entanglement – NYTimes.com

The bribery investigation began in Russia in connection with a contract with a former German subsidiary of H.P. that involved the installation of a computer network in, of all places, Russia’s chief prosecutor’s office. Russian and German prosecutors are looking into the transaction, which took place from 2002 to 2006, and have requested documents from the company.

In its 10-Q, H.P. notes for the first time that the investigation is not limited to that one contract in Russia: “The U.S. enforcement authorities have recently requested information from H.P. relating to certain governmental and quasi-governmental transactions in Russia and in the Commonwealth of Independent States subregion dating back to 2000.”

It is not clear how many contracts or transactions may be involved, but the expanded time frame and geographic scope probably means the inquiry will be an extended one, rather than something H.P. can wrap up quickly. As sometimes happens, once one part of a multinational company is scrutinized for bribery, problems in other areas can pop to the surface.

The recent settlement by Siemens of overseas bribery charges shows how corruption can spread throughout a company. Subsidiaries operating in France, Argentina, Turkey and the Middle East were found to have paid bribes to obtain contracts, and Siemens paid $800 million in criminal fines to the Justice Department and disgorgement to the S.E.C. as part of the settlement.

via H.P.’s Foreign Entanglement – NYTimes.com.

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FTC settling case over ‘fake’ iTunes reviews | Politics and Law – CNET News

A PR firm accused of writing phony iTunes reviews of its clients’ iPhone apps is settling the case with the Federal Trade Commission.

As part of the proposed settlement (PDF), PR firm Reverb Communications and owner Tracie Snitker must remove any iTunes reviews that were written by Reverb employees posing as ordinary customers and who failed to disclose a relationship between Reverb and its game developer clients. The agreement also bars Reverb and Snitker from posting further reviews on iTunes that pretend to be from independent consumers or that neglect to disclose any connection between the company and its clients, according to the FTC.

via FTC settling case over ‘fake’ iTunes reviews | Politics and Law – CNET News.

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BP Settlements Likely to Shield Top Defendants – NYTimes.com

People and businesses seeking a lump-sum settlement from BP’s $20 billion oil spill compensation fund will most likely have to waive their right to sue not only BP, but also all the other major defendants involved with the spill, according to internal documents from the lawyers handling the fund.

The documents — which include e-mails, draft and final versions of the protocols, claims forms and legal notes about the administration of the fund — provide the first definitive picture of who will be paid by the $20 billion fund, and how and when.

They also shed new light on the components of the payment plan that are likely to stir controversy, including the fund’s emphasis on geographic proximity as a determining factor for eligibility.

The fund is being administered by a prominent Washington lawyer, Kenneth R. Feinberg, who declined to be interviewed about the documents but verified their authenticity.

via BP Settlements Likely to Shield Top Defendants – NYTimes.com.

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