Month: December 2014
Bail Bonds In Orlando – Court compels Apple to turn over documents
SOURCE : The Star com
BY : Michael Lewis
Category : Orlando Fl Bail Bonds, Bail Bonds In Orlando
The Federal Court has granted an application requiring Apple Canada Inc. to turn over documents related to alleged clauses in contracts with wireless carriers that may have unfairly boosted iPhones by pushing up prices for rival devices. The court tabled the decision Wednesday compelling Apple to provide the Competition Bureau, which filed the court application last week, with the relevant records within 90 days of receipt of the order. The unit of Cupertino, Calif.-based Apple is required to disclose detailed proprietary information from a period from January 2012 through September 2014 on such issues as the production, sale and distribution of any handset in Canada, along with data on its competitive position and market share. Apple was not formally represented in court Wednesday but could still challenge the order, a court spokesperson said, though the court approved the Competition Bureau request without modification. “We expect them to comply,” said bureau spokesperson Greg Scott. The bureau on Dec. 9 filed an application with the Federal Court for an order under the Competition Act requiring Apple Canada to provide records and written returns relevant to an investigation launched in March into possible uncompetitive practices.
“It is important to note that there is no conclusion of wrongdoing by Apple Canada at this time and no application has been filed with the Competition Tribunal or any other court to seek remedies for any alleged anti-competitive conduct,” Scott said last week. “Should evidence indicate that the Competition Act has been contravened, the commissioner will take appropriate action,” he added. In an affidavit filed with the court, the bureau said Apple may have used its market clout to negotiate terms with carriers that discouraged them from offering other phones or from reducing the price or otherwise enhancing offers on rivals’ devices. “The contractual obligations (with the carriers) may therefore increase the price Canadian consumers have paid, are paying or will pay for handset devices and wireless services,” the bureau said in the affidavit. Apple wasn’t immediately available for comment.
SOURCE : thestar.com/business/2014/12/17/court_to_compel_apple_to_turn_over_documents.html
Orlando Fl Bail Bonds – Joint enterprise law review urged by Justice Committee
SOURCE : BBC
BY : Press Release
Category : Orlando Bail Bondsman, Orlando Fl Bail Bonds
The Justice Committee highlighted the use of the historic joint enterprise doctrine in recent cases involving gangs in England and Wales. It suggests people who play a secondary role and do not encourage an attack should be charged with lesser offences. The government says it will look at the MPs’ report and respond in due course. While the law of joint enterprise can apply to all offences, the MPs express concern over the way it has been used in murder trials against “minor players”. The doctrine is controversial and legal campaigners believe it allows individuals who may have had little involvement in the crime to be prosecuted for murder, an offence which carries a mandatory life sentence. To get a conviction, prosecutors need only prove that a gang member could have foreseen that another person might inflict serious harm. Successful prosecutions brought under the law include that of the killers of the Stephen Lawrence in 2011, more than 18 years after the black teenager was stabbed to death in south-east London. But the mother of one of the three teenagers found guilty of murdering Garry Newlove in Warrington, who was attacked in August 2007 after he confronted a group outside his house, has campaigned against the law. Janet Cunliffe claims that although her son Jordan was present at the scene and convicted by a jury he did not take part in the attack.
Sending a signal?
The cross-party Justice Committee wants the government’s law reform advisory body, the Law Commission, to examine the law. It says it should consider scrapping the rule that in a joint-enterprise murder it is not possible to charge secondary figures – who did not encourage or assist the crime – with a lesser offence such as manslaughter. Committee chairman Sir Alan Beith said there were clearly cases in which joint enterprise was necessary and a review would have to be handled carefully so as not to cause distress to victims and their families. The committee’s previous report on joint enterprise in 2012 prompted the director of public prosecutions to issue guidelines on the level of involvement needed for a murder charge. Sir Alan said young men from ethnic minority communities were disproportionately represented among those convicted under the law and some witnesses to the inquiry suggested it had been used as a “dragnet” by the authorities. Sir Alan said: “Some have argued that the doctrine has an important effect in deterring young people from getting involved in criminal gang activities, but others are sceptical about this. “There is a real danger in justifying the joint enterprise doctrine on the basis that it sends a signal or delivers a wider social message, rather than on the basis that it is necessary to ensure people are found guilty of offences in accordance with the law as it stands.” Justice Minister Mike Penning said the law had enabled some of the most serious offenders to be brought to justice. He added: “Sentencing in individual cases is a matter for the courts. We will look carefully at the Justice Committee recommendations and will respond formally in due course.”
SOURCE : bbc.com/news/uk-30509212
Orlando Bail Bonds – Legal aid guidance ruled unlawful by Court of Appeal
SOURCE : Telegraph co uk
BY : Agency
Category : Orlando Bail Bond , Orlando Bail Bonds
Government guidance in relation to the granting of legal aid for immigration cases has been ruled unlawful by Court of Appeal judges. Earlier this year, the High Court declared that guidance issued by Lord Chancellor Chris Grayling was “unlawful and too restrictive”. Quashing refusals of legal aid in six cases, a judge in London said the guidance “sets too high a threshold” and “produces unfairness” by denying publicly-funded legal advice to applicants in “exceptional cases”. The Government appealed against that ruling to the Court of Appeal. Now Master of the Rolls Lord Dyson, who heard the appeal with Lord Justice Richards and Lord Justice Sullivan following the decision of Mr Justice Collins in the High Court, announced the guidance was “unlawful”. Quashing refusals of civil legal aid in six cases, Mr Justice Collins said in June that it was “a fundamental principle that anyone in the UK is subject to its laws and is entitled to their protection”. He said: “Thus there must be a fair and effective hearing available and the guidance, as the facts of some of the cases I have dealt with show, produces unfairness.” The judge quashed refusals by the director of legal aid casework, relying on the Lord Chancellor’s guidance, to grant legal aid to six claimants.
All the cases concern the availability of legal aid in immigration cases under Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Laspo), which deals with exceptional funding applications. Mr Justice Collins said the cases involved EU nationals appealing against decisions that they should be deported following criminal convictions, an alleged victim of trafficking from Nigeria, and other cases involving the right to enter and remain in the UK. He indicated that in some of the six cases legal aid should have been granted, but said all of them must be reconsidered in the light of the ruling. He said: “I have decided that the guidance in certain respects is indeed unlawful in that it is too restrictive and in other respects not in accordance with the law.” The Government’s flagship Laspo legislation was introduced to reform the legal aid system in order to cut the legal aid bill by £350 million a year by 2015. The Act made wide-ranging changes to the provision and scope of legal aid, including for immigration cases, and most of the reforms came into force on April 1 2013. A Ministry of Justice (MoJ) spokesman said after the ruling: “We note the judgment and will carefully consider our next steps. “We continue to believe that the exceptional funding scheme is functioning as intended. Its purpose is to provide funding where it is legally needed. “Legal aid is a vital part of our justice system but resources are not limitless and must be properly targeted at the cases that need it most. The system must be sustainable and fair for those who use it and the taxpayers who pay for it.”
SOURCE : telegraph.co.uk/news/uknews/immigration/11293997/Legal-aid-guidance-ruled-unlawful-by-Court-of-Appeal.html
Was secret Waterfront Toronto budget meeting legal?
SOURCE : The Star
BY : Alex Ballingall
Category : Orlando Bail Bond , Orlando Bail Bonds
Waterfront Toronto followed the rules when it decided to increase its budget for the redevelopment of Queens Quay by $35 million, according to the organization’s board chair. The group was legally entitled to hide the spending increase from the public for 10 months, said Mark Wilson, pointing to the provincial law from 2002 that founded the Waterfront Toronto corporation. “We’re not city council, so we don’t operate with the rules of procedure of city council,” he told the Star on Thursday. “Our concern first and foremost was to ensure that the public money was well spent.” The organization, which was created through a three-way partnership between the city, province and federal government, revealed Thursday that it held a vote in secret last February to increase its estimated budget for the Queens Quay revitalization project to $128.9 million from $93.2 million. Waterfront Toronto said unforeseen obstacles and construction challenges forced them to renegotiate payments with construction contractors. Wilson told the Star that revealing the budget increase would have “jeopardized” those talks, potentially making the hike in spending even steeper.
The legislation that governs Waterfront Toronto was passed by Queen’s Park in 2002. That law stipulates that the City of Toronto Act is the authority when it comes to closed meetings by the Waterfront Toronto board, pending “necessary modifications.” Municipal lawyer George Rust-D’Eye, who is not involved in the Waterfront Toronto situation, said that act says “all meetings” should be open to the public, but there are exceptions. When told of Waterfront Toronto’s rationale for keeping the budget vote hidden from the public, Rust-D’Eye said that could fit under some exemptions. “Anything that would involve confidential commercial activities,” said Rust-D’Eye, “that’s the kind of thing that could fall under ‘necessary modifications.’” Waterfront Toronto, as its own corporation, also has a bylaw dealing with closed-door meetings. According to its own rules, closed meetings are allowed when the board is ruling on something that pertains to the “security of the property” of the organization. Spokesperson Andrew Hilton said that in the eyes of the organization’s lawyers, this includes the money spent by Waterfront Toronto. In other words, the secret budget vote was to protect the organization from having to spend too much money on its renegotiated construction contracts, he said.
SOURCE : thestar.com/news/city_hall/2014/12/11/was_secret_waterfront_toronto_budget_meeting_legal.html
Orlando Bail Bond – Columbia Law Students Are Upset About Ferguson
SOURCE : Gawker
BY : Jay Hathaway
Category : Orlando Bail Bond , Orlando Bail Bonds
Columbia Law School students who’ve been traumatized by the recent nonindictments of police officers in the killings of Michael Brown and Eric Garner will be allowed to postpone their final exams, the school’s interim dean announced Saturday. Good. The email from dean Robert E. Scott leaked out through a conservative blog that could hardly believe it wasn’t a parody—because who could possibly be upset about unarmed people of color being killed by the police?—and mocked students upset by the grand jury decisions as too “unstable” for law school. First, the option to petition for a postponement isn’t some wild new policy initiated in response to the Brown and Garner cases. It’s just a reminder of a policy that was already in place. From Dean Scott’s email: The law school has a policy and set of procedures for students who experience trauma during exam period. In accordance with these procedures and policy, students who feel that their performance on examinations will be sufficiently impaired due to the effects of these recent events may petition Dean Alice Rigas to have an examination rescheduled. And that’s not just at Columbia. A spokesperson for the NYU School of Law told Yahoo! News the rules are similar there: “We haven’t made any announcement that’s similar to Columbia’s. It’s always been the case that students can request a postponement on a case-by-case basis, and that’s always been true.”
Second, the notion that law students who are deeply affected, outraged, or traumatized by these police killings and the grand juries’ failures to act are “unstable” or, as one defense attorney told the New York Times, “should not try to become lawyers,” is profoundly shitty. A lot of students enter law school with hopes (naive and otherwise) of working to right systemic wrongs. If law schools weeded out everyone who had strong feelings about justice, we’d end up with a world where lawyers were seen as petty and motivated only by prof—oh, wait. The dean touches on this point in his email: “For some law students, particularly, though not only, students of color, this chain of events is all the more profound as it threatens to undermine a sense that the law is a fundamental pillar of society designed to protect fairness, due process and equality.” Granted, the experience of law school itself tends to undermine all of those things, but is anyone seriously arguing that it should? Apparently, yes, because law school causing Paper Chase levels of pain and emotional damage is a character-building tradition worth upholding. Otherwise, what would the institution stand for? (Answer: enriching universities at the expense of gullible students, a.k.a. the American dream, but I digress.) Schools didn’t postpone exams for the assassinations of MLK and Bobby Kennedy, Cardozo con-law professor David Rudenstine pointed out to the Times.”Law schools also have a tradition of being very tough-minded about these things. If you have an exam, it happens. That’s the schedule.”Totally. If there’s one lesson America’s aspiring lawyers should take away from the killings of Brown and Garner, it’s that the system has always been this way, and we’ll all just have to deal with it. Incidentally, the Times reports only a handful of students requested postponements, and they were given a whopping one extra week.
SOURCE : gawker.com/columbia-law-students-are-upset-about-ferguson-exactly-1669320086
Orlando Bail – Booking Sites and Airlines Fear Law Requiring Storage of Data in Russia
SOURCE : Skift
BY : Dennis Schaal, Skift
Category : Orange County Fl Bailbonds, Orlando Bail
Airlines, online travel agencies other distributors around the world are highly concerned about a new law in Russia that would require them to have physical locations in Russia when they store data about that country’s citizens. Travel Tech, a U.S.-based trade association for major online travel agencies such as Expedia and Priceline and global distribution systems including Sabre and Amadeus, states that the Russian law, which would go into effect on September 1, 2016, would require databases that contain information about Russian citizens to be located in Russia.
The Russian government could take steps to block the businesses of companies that don’t comply with the new law. The law initially was to have gone into effect on January 1, 2015, but the Russian government delayed its implementation after “significant pressure from airlines and others,” Travel Tech states in its newsletter, “Travel Tech Passport.”
Travel Tech members such as Sabre and Amadeus have data warehouses in Oklahoma and Erding, Germany, respectively, and the trade group notes that forcing booking sites and airlines to build data storage facilities in Russia “could prove to be an expensive burden and technological challenge.” Airlines and distributors are expected to be able to communicate their concerns to Russian officials in a series of “listening sessions” in early 2015, Travel Tech states.
The Putin government argues that the law is necessary because it seeks to better safeguard the personal information of its citizens. The law would not merely impact travel companies, but is part of a broad crackdown in Russia on the Internet and could affect Facebook, Twitter and others, as well. These measures take place as Russia is also taking steps to build its own distribution system for Russian airlines, and strikes back against American and European sanctions over Russia’s actions in Crimea and the Ukraine.
SOURCE : skift.com/2014/12/07/booking-sites-and-airlines-fear-law-requiring-storage-of-data-in-russia/
Orange County Fl Bailbonds – Putin says Russia’s legal system is one of world’s best
SOURCE : itar-tass
BY : Press Release
Category : Orange County Fl Bailbonds, Orlando Bail
Russian President Vladimir Putin said on Monday he believed Russia’s legal system was among the world’s best-developed. At a meeting with judges of Russia’s Constitutional Court, he said he had met in the previous week human rights activists who were rather critical about Russia’s court system.
“There is nothing untypical about this, it happens in all public organizations which keenly react to any injustice, to any improper execution of the law. Such things happen in any country, and ours is not an exception,” he said. “But I still think that our legal and court system is one of the best-developed in the world.” He admitted that there are some problems but, at the same time, there are grounds to be proud of the Constitutional Court judges and the entire system. Rounding up the meeting, he congratulated those present at the meeting on the Day of Constitution to be marked on December 12.
SOURCE : itar-tass.com/en/russia/765788
Orange County Fl Bail Bondsman – Getting Your ‘Shine On Is Becoming Increasingly Legal
SOURCE : NPR ORG
BY : Andrew Yeager
Category : Orange County Fl Bail Bond , Orange County Fl Bail Bondsman
Moonshine might bring to mind an illegal backwoods still in the mountains of the South, carefully hidden to evade authorities. In recent years, though, legal distilleries have been popping up in sort of a moonshine renaissance — and artisanal hooch is now a thing. In Alabama, legal moonshine starts in an 80-gallon kettle in a horse barn in rural Bullock County. The man in charge is Jamie Ray. “This where I’d steep the grain. I’ll add a sack of rye to this … Let it seep for a couple of hours and that converts the grain to a simple beer,” Ray says.
After fermentation, some time to cook in the still and then condensation, Ray ends up with the clear, unaged whiskey known as moonshine. Last year, Ray and a business partner started High Ridge Spirits — Alabama’s only legal distillery. “We started with the original white ‘shine; it’s 100-proof,” he says. “It’s made with rye and sugar, which is the traditional recipe in this area.” Bullock County is known for illegal moonshine, and that nod to a backwoods heritage has helped fuel a wave of small distilleries opening up around the country in recent years. “It has nostalgia to it,” says Jaime Joyce, who wrote a recent book on moonshine. “It’s got a story attached to it and it’s so American in a way that’s really appealing to people right now.” It’s a story of poor, rural families subsisting on moonshine, particularly during the Great Depression, in the face of a big, mean government. Movies romanticized it; George Jones sung its praises.Jones’ “White Lightning” goes on to talk about a government agent hunting for a still. And even today, unless you have a license, it is illegal to distill your own whiskey.
Those who have secret stills “are breaking the law and they have to be caught and punished,” says Dean Argo, a spokesman for the Alabama Alcoholic Beverage Control Board. Since the early days of the country, law enforcement has gone after illegal distillers since they don’t pay taxes on their products. Argo says Alabama saw a surge in tips about illegal activity, so the board created a moonshine task force last year. These are six full-time agents, affectionately known as “Still Team Six.” “They will go out into the woods, they will walk those trails and they will search until they find something or until they believe that the tip was erroneous,” Argo says. Argo says in the first year agents destroyed 27 stills. He doesn’t expect the task force to end anytime soon. Meanwhile, the legal trade is trying to find new converts. At The J. Clyde, a pub in Birmingham, a bartender serves up High Ridge Spirits’ moonshine in a cocktail called the Alabama honeymoon. He drops in some honey, pours in the moonshine, adds lemon and then mixes it in a shaker. It’s topped off with ice and a bit of local craft beer. The concoction is sweet and kind of sour, but with telltale burning of moonshine. This fancy $10 cocktail is infused not just with lemon, honey and beer, but with fond nostalgia — which is giving this traditional underground drink a whole new appeal.
SOURCE : npr.org/blogs/thesalt/2014/12/06/368961169/getting-your-shine-on-is-becoming-increasingly-legal
Orange County Fl Bail Bond – Facebook privacy: posting your own legal notices is ‘meaningless’
SOURCE : CBC CA
BY : On The Coast, CBC News
Category : Orange County Fl Bail Bond , Orange County Fl Bail Bondsman
Facebook users may have seen a flurry of “legal notices” popping up on their Facebook feed lately, notices they are encouraged to post on their timeline to protect their personal information. The notices often begin like this: “Due to the fact that Facebook has chosen to involve software that will allow the theft of my personal information…” But according to CBC’s technology columnist Dan Misener, who spoke to Stephen Quinn on CBC’s On The Coast, there is no legal merit to these notices, and they are in fact “meaningless.”
“The legal terms of your relationship with Facebook are set by the terms of service and the data use policy that you agreed to when you first signed up,” said Misener. “You can’t just decide on your own to change those by copying and pasting something on your timeline.” Over the last couple of months, Facebook has been notifying users of terms of service changes that will go into effect in January.
Misener said these kind of notices often pop up whenever Facebook makes changes to its privacy policy and compared the posts to a chain letter. “[They] play into our fears and anxiety about privacy,” he said. “Rather than propagating a myth, direct your energy towards learning about these documents you’ve already agreed to.” Misener said that if you’re concerned about your online privacy, learn more about Facebook’s actual stance on privacy.
He recommends two websites you can use to learn about online privacy agreements for social media sites, including Facebook:
– Tosdr (Terms of Service; Didn’t Read) which breaks down terms of service documents into easily understandable language
– TOSBack which tracks the terms of service changes of social media sites over time.
SOURCE : cbc.ca/news/canada/british-columbia/facebook-privacy-posting-your-own-legal-notices-is-meaningless-says-expert-1.2859597
Bail In Orlando Fl – Legal issues currently affecting the tech sector
SOURCE : Information Age
BY : Anthony Kuhn
Category : Bail In Orlando, Bail In Orlando Fl
Many of the legal challenges facing IT are being driven by software, mobile and cloud computing technologies transforming and becoming critical in almost every industry. This creates friction with existing laws and regulations, and highlights the fact that many of these have not kept pace with the technology and industries that they are regulating and need to be updated. It’s all about the data- One of the key areas is in the field of privacy and data security. For larger technology companies, securing and protecting data are key competitive differentiators – and privacy and data security are now standing items on the corporate risk agenda. Privacy and data security breaches are headline makers. Last year alone, Evernote, Facebook, Microsoft and Sony were all forced to announce security breaches. Adobe experienced the largest ever data breach (152 million records), while Target and Pinterest each took positions in the top ten largest data breaches (by volume of data lost) in history.
On top of this, compliance issues need to be considered on a country-by-country basis with many of the laws and regulations increasingly out of date. The key European regulation governing privacy and data security (the 1995 EU Data Protection Directive), on which the UK Data Protection Act 1998 is based, is now nearly 20 years old. The regulation is in fact older than many of the technology businesses that exist today. Against this background, EU law makers are at work on a new directly applicable EU privacy regulation. However, this directive has become the most lobbied piece of legislation ever on this side of the Atlantic. And the terms of the regulation are still not clear – making it difficult for technology businesses operating in the UK and Europe to assess the full impact or when the Regulation will come into force. When the regulation comes into force, technology businesses will face new and more onerous obligations, coupled with the risk of fines from anywhere between two and five percent of their global revenues. Technology business are investing and will need to continue to invest significant resources to ensure compliance. Alongside this, in light of the revelations involving Edward Snowden, the ability of governments to access data has become an increasingly important issue for technology businesses, particularly those headquartered in the USA. The most recent example of this is Microsoft’s challenge of a warrant issued by a judge in a New York court – following an application from the US government under the United States Stored Communication Act – authorising the disclosure of data related to a web-based email account that is hosted by Microsoft in Dublin, Ireland. The basis for this challenge is that the courts of one country cannot exercise their power unilaterally outside of their territorial jurisdiction – and where they wish to do so, they must follow established international agreements involving the jurisdiction in question, known as Mutual Legal Assistance Treaties. If internationally operating US businesses complied with these types of orders, they would breach foreign data-protection laws – and refusing to comply would breach domestic US law, placing these businesses in an impossible position. To date, Microsoft’s challenge has not been successful. It may well be that if the warrant is ultimately upheld, there could be serious ramifications for technology companies with global cloud models and the emergence of country or region specific clouds. Increasingly fast-growth disruptive businesses are operating in saturated and highly regulated markets.
They look to achieve a competitive advantage by challenging existing business models and taking advantage of gaps in legal and regulatory cover in the relevant market. One current high-profile example of this is Uber. Courts in Berlin and Hamburg have recently upheld bans on this company on the basis that the company did not comply with German laws on the carriage of passengers. Whether such a ban will remain in place remains to be seen. The benefits to the consumer (and the efficiency) of Uber’s business model are clear to see; however, as ever this has to be balanced against the underlying consumer benefit of regulations in ensuring the safety and security of passengers. What is clear is that existing regulations were not designed to address the challenges created by this business model, and new regulations are and will continue to be required to deal with these types of business.Critical technology services – Both regulators and the government are taking an increasing interest in how businesses are engaging and contracting with providers of technology services that are critical to ongoing business operations. This regulatory interest is particularly evident in the financial services space, where the FCA is increasingly interested in the extent to which regulated businesses comply with the outsourcing requirement in the FCA Handbook at SYSC 8. The aim of these obligations is that businesses appropriately manage the operational risk associated with their use of third parties and that such arrangements do not impair the FCA’s ability to regulate. The FCA has recently published a list of the questions that such businesses should have asked themselves and addressed in ensuring compliance. At a government level, examples of this include The Enterprise and Regulatory Reform Act 2013, which gives the government the power to ensure that if a business in any sector suffers certain types of insolvency event, it will have security of supply of certain critical IT services. These and other development will over time impact how technology businesses engage with their customers and the underlying contractual terms. On another front, the European Commission investigating and challenging the tax treatment of international business, particularly in the EU.
See more at: information-age.com/it-management/risk-and-compliance/123458694/legal-issues-currently-affecting-tech-sector
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