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Chinese executive facing US extradition appears in court
Attorney News | 2018/12/08 03:10

A Canadian prosecutor urged a Vancouver court to deny bail to a Chinese executive at the heart of a case that is shaking up U.S.-China relations and worrying global financial markets.

Meng Wanzhou, the chief financial officer of telecommunications giant Huawei and daughter of its founder, was detained at the request of the U.S. during a layover at the Vancouver airport last Saturday — the same day that Presidents Donald Trump and Xi Jinping of China agreed over dinner to a 90-day ceasefire in a trade dispute that threatens to disrupt global commerce.

The U.S. alleges that Huawei used a Hong Kong shell company to sell equipment in Iran in violation of U.S. sanctions. It also says that Meng and Huawei misled American banks about its business dealings in Iran.

The surprise arrest, already denounced by Beijing, raises doubts about whether the trade truce will hold and whether the world’s two biggest economies can resolve the complicated issues that divide them.

“I think it will have a distinctively negative effect on the U.S.-China talks,” said Philip Levy, senior fellow at the Chicago Council on Global Affairs and an economic adviser in President George W. Bush’s White House. “There’s the humiliating way this happened right before the dinner, with Xi unaware. Very hard to save face on this one. And we may see (Chinese retaliation), which will embitter relations.”

Canadian prosecutor John Gibb-Carsley said in a court hearing Friday that a warrant had been issued for Meng’s arrest in New York Aug. 22. He said Meng, arrested en route to Mexico from Hong Kong, was aware of the investigation and had been avoiding the United States for months, even though her teenage son goes to school in Boston.


EU court adviser: Britain could change its mind on Brexit
Attorney News | 2018/12/04 17:46

A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.

Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.

Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.

The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.

Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own.


Lump of coal? Taxes more likely for online gifts this season
Attorney News | 2018/11/28 01:37

Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.

A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.

"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.

Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.

Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.



Poland moves to reinstate retired judges to Supreme Court
Attorney News | 2018/11/21 21:03

Poland's ruling party has submitted a draft law to parliament that would reinstate Supreme Court judges who were recently forced into early retirement.

The development comes a month after the European Union's top court ordered Poland to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing about two dozen of them off the bench.

Poland has been in a standoff with the European Union for three years over attempts by the ruling populist Law and Justice party to impose control over the court system. The efforts have raised serious concerns over rule of law in the young democracy.

Wednesday's legislative initiative marks one of the first significant steps by Poland to comply with EU demands.



Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Attorney News | 2018/11/09 06:54

Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.

The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.

She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.

In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.

Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.

But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.

Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.

A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.

Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.

She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing.


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