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Appeals court rejects secret Delaware arbitration
Press Release | 2013/10/25 13:29
A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.

A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.

DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.

Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies.


NY court upholds conviction of California financer
Headline Topics | 2013/10/23 11:14
A New York appeals court has upheld the conviction of a California finance researcher who used code words like "recipes," "cooks" and "sugar" to disguise an insider trading scheme.

The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday rejected various arguments made by Winifred Jiau.

She was convicted in June 2011 of wire fraud and conspiracy to commit securities fraud.

The Fremont, Calif., resident is serving a four-year prison sentence. She is scheduled to be released in June.

The appeals court rejected her request for a new trial. She had argued that the government was wrong to use as evidence recordings that were made because a worker could not hear well.


High court weighs Mich. ban on affirmative action
Headline Court News | 2013/10/14 13:22
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.


Sands asks Nev. court to overturn documents ruling
Headline Court News | 2013/10/11 10:23
Nevada's highest court is weighing arguments put forward by casino giant Las Vegas Sands Corp. and disgruntled former Sands executive Steven Jacobs.

The two have been embroiled in a court battle since Jacobs filed a wrongful termination suit in 2010 and accused Sands of a multitude of misdeeds, including doing business with known gangsters and making inappropriate payments to an attorney who was also a Macau lawmaker.

On Wednesday, Jacobs' attorneys asked the Nevada Supreme Court to overturn a decision by a district judge throwing out his defamation suit against Sands CEO Sheldon Adelson.

Sands asked the court to overturn decisions made by the same district judge regarding disclosure of evidence.

After Jacobs filed his suit, Adelson told the Wall Street Journal that his former employee was fired for cause. Adelson added that Jacobs was attempting to explain the termination "by using outright lies and fabrications."

Jacobs, who worked in Macau for the Sands subsidiary Sands China Ltd., responded by amending his original suit to accuse Adelson of knowingly spreading harmful falsehoods.


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