Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/267554917?client_source=feed&format=rss
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Saturday, December 1, 2012
Trademark Action 2012 - Roberto "R.C." Rondero de Mosier ...
One of the more interesting developments in the legal world over the past year has been the increase in high profile trademark filing and lawsuits.? Truth be told, the legal activity in the trademark world is not new, but it does seem to be higher profile.? From Jay-Z and Beyonce?s baby to direct to home movies that seek to trade on the name of high profile films hitting theaters, there are a number of interesting claims and disputes on the books.
Blue Ivy: Just days after Jay-Z and Beyonce?s child, Blue Ivy was born, the happy couple filed applications with the U.S. Patent and Trademark Office to protect the name and use it in fourteen goods and services classes, from skin care products to CDs, ring tones to baby bedding.? Anytime a person applies for trademark protection, they can choose from numerous classes, or file in each class depending on what they want to exploit.? Filing across all classes can be pricey at a minimum of $275 a pop, but the payoff can be lucrative.? The Carters (Jay-Z and Beyonce) tried for numerous classes, but as happens in high profile filings, they many others are tying to capitalize on the name by filing competing applications or challenging their filings.?
It is up to the trademark office to sift through all the applications and give each application its fair shake.? I find it interesting how the Carters, savvy business people themselves, have already sought to secure monetization of their child?s name.? The process has been slowed by people seeking to trademark Blue Ivy concurrently, but ultimately the Carters will probably be successful.? Their application was published November 7th and it looks good. ?They did lose out on using Blue Ivy in the wedding planning business though.? A Boston wedding planner secured her rights to Blue Ivy in the midst of the filings.
Tebowing: Back when ?Tebowing? became a phenomenon, a very clever Tim Tebow (or his advisors through XV Enterprises), made sure to file trademark applications in seven classes.? Tebow also ran into the issues of others trying to capitalize on the name.? But, after diligent work, the Trademark Office has published the applications for opposition, meaning someone will have to make a pretty convincing case of prior use to stop the eventual securing of the trademark by Tebow.? The ability of Tebow to capitalize on a gesture he performs during each pregame may actually be his longest lasting legacy.
Louboutin Shoes: In an interesting result that came out of trademark litigation, the unique red soled shoes from designer Christian Louboutin were given trademark protection after it was that the glossy red soles that differed from the heel color had acquired a secondary meaning.? What does that mean?? Well, the red soles are unique and distinctive enough that the look deserves trademark protection since no one else does it.? And now, no one else will without trademark infringement.? The decision opens up interesting new precedent for designers that can span across a few industries.
The Hobbit: The Film Production company, The Asylum, has a long standing tradition of releasing direct to video (or streaming) films that allude to a relation to major blockbusters in theatre.? The most recent release is Age of the Hobbits which seeks to capitalize on the forthcoming The Hobbit.? This is just the most recent ?mockumentary? after recent releases such as American Warships (originally American Batttleships before a judge ruled that the name violated the Battleship trademark) and Abraham Lincoln v. Zombies.? The most recent Age of the Hobbits film is being challenged by the studios behind The Hobbit, and if not for their recent loss on the challenge from the studios behind Battleship, I might believe The Asylum would be safe, but they will have a challenge in front of them.
The recent trademark filings and challenges through litigation show an interesting trend in the trademark world.? Trademark laws are strong in the United States, and as long as they remain so, parties will seek to get trademark rights since they can last in perpetuity.? It creates a great potential revenue stream.? By registering a mark, the owner has the ability to leverage licensing rights or sue to enforce its trademark rights.? The recent trademark action has actually led a well respected trademark attorney to trademark the term "trademarklawpocalypse,? in order to describe the activity we have seen in the trademark world over the past year.? With the year almost at an end, it will be interesting to see what comes to pass in 2013 and beyond.
Roberto ?R.C.? Rondero de Mosier is an attorney licensed to practice law in Texas, California, New York and Illinois.? He is a partner at?Gonzalez & Mosier Law PLLC.? His practice specializes in Entertainment Law and Intellectual Property rights.? In his spare time he enjoys watching television and films, and writing about it.? Follow him on Twitter @showbizattorney, or e-mail him at?rc@gonzalezmosier.com.
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Source: http://research.lawyers.com/blogs/archives/24015-Trademark-Action-2012.html
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Friday, November 30, 2012
N.J. mayor to live on food stamps starting next week
NEWARK, N.J. (AP) ? Mayor Cory Booker said he will live on food stamps for a week starting Tuesday.
Booker told The Associated Press on Thursday that he will honor the challenge he made to a Twitter follower earlier this month and try living on the monetary equivalent of food stamps for at least a week.
"December 4 to 11. Seven days," Booker said after the ribbon cutting for new loft apartments in Newark. He said he will be limited to $1.40 for each meal.
The North Carolina woman Booker challenged plans to accept, but she is not sure she will do it next week.
The woman, who uses the Twitter handle (at)MWadeNC and goes by the name TwitWit, spoke to the AP on condition of anonymity because she says she has received threats.
She said she is upset that Booker didn't consult with her before picking the dates. She said Booker sent her a tweet this week saying his staff would be in touch, but she has heard nothing since.
"I don't think it's fair to be challenged and just find out from the Internet when I'm supposed to take part," she said in a telephone interview. "I would have appreciated the consideration that I have a life as well."
Nevertheless, she said she will participate in the challenge for at least a week, possibly two.
The average monthly food stamp benefit was $133.26 per person in New Jersey in fiscal year 2011, according to the U.S. Department of Agriculture. As mayor, Booker makes about 100 times that amount, $13,400 a month.
Politicians and community leaders around the country have taken on similar challenges in recent years to highlight the difficulty of relying solely on government aid for nutrition.
Philadelphia Mayor Michael Nutter and U.S. Rep. Bob Brady lived on food stamps for a week earlier this year, and the mayors of Las Vegas and Phoenix, Colorado Gov. John Hickenlooper and the former governor of Oregon all did so within the past few years.
Most participated in the "Food Stamp Challenge," a program from the nonprofit Food Research and Action Center that gives out tools to help organizations and individuals live on a food stamp budget, typically for a week. It even developed a how-to-guide for members of Congress, which includes testimonials from eight politicians.
Celebrity chef Mario Batali and his family also did the challenge earlier this year. An AmeriCorps member serving as the community service coordinator at the University of Bridgeport in Connecticut challenged her campus to try it for a week.
Booker, a prolific Twitter user who has 1.2 million followers, has said he wants the public to participate and on Thursday said he will soon announce a celebrity who will also take part.
The North Carolina woman said she thinks it would be "great" if high-profile people tried to live on the equivalent of food stamps.
"I think everybody should do this," she said.
Source: http://news.yahoo.com/nj-mayor-live-food-stamps-starting-tuesday-215309249.html
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Johnny Lewis Autopsy: 'Sons Of Anarchy' Actor Who Allegedly Killed Landlady Not On Drugs
Michael Clarke Duncan
"The Green Mile" actor Michael Clarke Duncan died at the age of 54 on Sept. 3, 2012 in a Los Angeles hospital after nearly two months of treatment following a July 13, 2012 heart attack.
Jerry Nelson
"Sesame Street" puppeteer Jerry Nelson, shown here with "Sesame Street" character Count von Count in New York in June 2012, died at age 78 on Aug. 23, 2012, in Massachusetts after battling emphysema.
Phyllis Diller
Actress/comedienne Phyllis Diller, who was best know for her stand-up act, <a href="http://www.huffingtonpost.com/2012/08/20/phyllis-diller-dead_n_1812818.html">died at the age of 95</a> on Aug. 20. 2012 in Los Angeles.
Tony Scott
Director Tony Scott, whose projects include "The Hunger," "Top Gun," "Enemy of the State," died after jumping off a bridge in Los Angeles on Aug. 19, 2012.
Scott McKenzie
"San Francisco (Be Sure to Wear Flowers in Your Hair)" singer Scott McKenzie, seen here in the center with "The Mamas And The Papas" 1967, <a href="http://www.huffingtonpost.com/2012/08/20/scott-mckenzie-dead-dies-san-francisco-73_n_1809989.html">died on Aug. 18. 2012</a>, after battling Guillain-Barre Syndrome, a disease that affects the nervous system.
William Windom
A 1980 file photo provided by CBS shows actor William Windom, who won an Emmy Award for his turn in the TV comedy series "My World And Welcome To It," died Aug. 16, 2012, of congestive heart failure at his home in Woodacre, north of San Francisco. He was 88.
Ron Palillo
This June 8, 2008 file photo shows actor Ron Palillo at the TV Land Awards in Santa Monica, Calif. Palillo, best known as the nerdy high schooler Arnold Horshack on "Welcome Back, Kotter," <a href="http://www.huffingtonpost.com/2012/08/14/ron-palillo-dead-dies-welcome-back-kotter-heart-attack_n_1776155.html">died Tuesday, Aug. 14, 2012</a>, in Palm Beach Gardens, Fla., of an apparent heart attack. He was 63.
Lupe Ontiveros
This Oct. 7, 2008 file photo shows actress Lupe Ontiveros at Padres Contra El Cancer's 8th annual "El Sueno de Esperanza" benefit gala in Los Angeles. Ontiveros, the popular Texan actress known for her portrayal of Yolanda Saldivar in "Selena," <a href="http://www.huffingtonpost.com/2012/07/27/lupe-ontiveros-dead-star-_n_1709783.html">died Thursday, July 26, 2012</a>, of cancer at the Presbyterian Hospital in the City of Whittier, Calif., according to friend and comedian Rick Najera. She was 69.
Sherman Hemsley
In this Aug. 11, 1986 file photo, actor Sherman Hemsley poses for a photo in Los Angeles. The manager for Hemsley says the late star of the television sitcom ?"The Jeffersons"? refused treatment for lung cancer in the weeks before he died of what a coroner says were complications from the disease on July 24, 2012. (AP photo/Nick Ut, File)
Frank Pierson
In this Feb. 14, 2004 file photo, Academy President Frank Pierson arrives at the Academy of Motion Picture Arts and Sciences, Scientific and Technical Achievements Awards dinner in Pasadena Calif. Pierson's family announced that <a href="http://www.huffingtonpost.com/2012/07/23/frank-pierson-dead-dog-day-afternoon-dies_n_1696126.html">he died of natural causes on Monday, July 23, 2012</a> in Los Angeles after a short illness. He was 87.
Jon Lord
Deep Purple's Jon Lord, seen here in 2004, died at age 71 on Monday, July 16, 2012, after battling pancreatic cancer.
Kitty Wells
This May 1986 file photo shows country music singer Kitty Wells in Nashville, Tenn. Wells, the first female superstar of country music, <a href="http://www.huffingtonpost.com/2012/07/16/kitty-wells-dead-queen-of-country-dies_n_1677532.html">died at the age of 92 on Monday, July 16, 2012.</a> The singer?s family says Wells died at her home Monday after complications from a stroke. Her recording of "It Wasn't God Who Made Honky Tonk Angels" in 1952 was the first No. 1 hit by a woman soloist on the country music charts. Other hits included "Making Believe" and a version of "I Can't Stop Loving You." (AP Photo/Mark Humphrey, file)
Ernest Borgnine
Perhaps best remembered for his<a href="http://www.huffingtonpost.com/2012/07/08/ernest-borgnine-movies-films_n_1657787.html" target="_hplink"> Oscar-winning performance in the film "Marty",</a> <a href="http://www.huffingtonpost.com/2012/07/09/ernest-borgnine-dead-remembered_n_1658937.html" target="_hplink">Borgnine</a> continued to act until his death, voicing a character on "SpongeBob SquarePants" and earning an Emmy Nomination on the TV series "ER." He was 95 when he passed away on July 8 due to renal failure.
Andy Griffith
<a href="http://www.huffingtonpost.com/2012/07/03/andy-griffith-dead_n_1645969.html" target="_hplink">Andy Griffith,</a> the star of beloved television programs "The Andy Griffith Show" and "Matlock", <a href="http://www.huffingtonpost.com/2012/07/05/andy-griffith-cause-of-death-heart-attack_n_1652599.html" target="_hplink">died of a heart attack</a> on Tuesday, July 3. He was 86.
Don Grady
<a href="http://www.huffingtonpost.com/2012/06/28/don-grady-my-three-sons-obituary_n_1633047.html" target="_hplink">The multi talented musician, composer, and actor</a> who memorably starred on the television series "My Three Sons" lost his battle with cancer on June 27. An original Mouseketeer, Grady was 68 he passed away.
Nora Ephron
Director, author, journalist, playwright, <a href="http://www.huffingtonpost.com/nora-ephron/" target="_hplink">HuffPost blogger</a>, and three-time Academy Award nominated screenwriter, <a href="http://www.huffingtonpost.com/2012/06/26/nora-ephron-dead-dies-age-71_n_1627757.html" target="_hplink">Nora Ephron passed away</a> on June 26 after a <a href="http://www.huffingtonpost.com/2012/06/26/nora-ephron-leukemia-cancer-illness-death_n_1629152.html" target="_hplink">secret multi-year battle with acute myeloid leukemia</a>. With genre defining films like "Sleepless In Seattle", "You've Got Mail", and "When Harry Met Sally", Ephron, 71, <a href="http://www.huffingtonpost.com/2012/06/26/nora-ephron-influence-movies_n_1628700.html?utm_hp_ref=entertainment" target="_hplink">left an indelible mark on the film industry.</a>
Yvette Wilson
Comedienne most famous for her hilarious roles on TV shows "Moesha" and "The Parkers", Wilson <a href="http://www.huffingtonpost.com/2012/06/15/yvette-wilson-star-of-moe_n_1600037.html" target="_hplink">lost her battle with cervical cancer</a> on June 14. She was 48.
Ann Rutherford
This Nov. 5, 1971 file photo shows actress Ann Rutherford in New York. Rutherford, who played Scarlett O'Hara's sister Carreen in the 1939 movie classic "Gone With the Wind," <a href="http://www.huffingtonpost.com/2012/06/12/ann-rutherford-dead-gone-_n_1589753.html">died at her home in Beverly Hills, Calif. on Monday, June 11, 2012</a>. She was 94. (AP Photo/HF)
Robin Gibb
<a href="http://www.huffingtonpost.com/2012/05/23/barry-gibb-tribute-video-robin-gibb-bee-gees_n_1539954.html" target="_hplink">Co-founder of The Bee Gees</a>, Gibb was 62 when he <a href="http://www.huffingtonpost.com/2012/05/20/robin-gibb-dead-bee-gees_n_1531648.html" target="_hplink">lost</a> his battle with colon cancer on May 20.
Bob Welch
From AP: Bob Welch, a former member of Fleetwood Mac who went on to write songs and record several hits during a solo career,<a href="http://www.huffingtonpost.com/2012/06/07/bob-welch-dead-fleetwood-mac-gunshot_n_1579166.html"> died June 7, 2012</a>, of a self-inflicted gunshot wound, police said. He was 65.
Donna Summer
<a href="http://www.huffingtonpost.com/2012/05/18/donna-summer-queen-of-disco_n_1526799.html" target="_hplink">The Queen of Disco</a> lost her <a href="http://www.huffingtonpost.com/2012/05/17/donna-summer-dead-queen-of-disco-dies_n_1524410.html" target="_hplink"> battle with cancer</a> on May 17. Summer, 63, earned that title with dance hits like "Last Dance", "MacArthur Park", and "Hot Stuff".
Chuck Brown
In this Feb. 13, 2011 file photo, Chuck Brown arrives at the 53rd annual Grammy Awards in Los Angeles. Brown, who styled a unique brand of funk music as a singer, guitarist and songwriter known as the "godfather of go-go," <a href="http://www.huffingtonpost.com/2012/05/16/chuck-brown-dead-godfather_n_1522375.html">died Wednesday, May 16, 2012</a> after suffering from pneumonia. He was 75.
Mitchell Guist
Mitchell Guist, who appeared in segments of the "Swamp People" with his brother, Glenn, <a href="http://www.huffingtonpost.com/2012/05/14/mitchell-guist-dead-swamp-people_n_1515423.html">died after collapsing Monday, May 14, 2012</a> while working on a houseboat he was building on Belle River.
Adam Yauch
Best known as one of the founding members of the<a href="http://www.huffingtonpost.com/2012/05/23/mca-ad-rock-adam-horovitz-beastie-boys-interview_n_1539705.html" target="_hplink"> trailblazing hip-hop group the Beastie Boys</a>, Yauch, also known by his stage name MCA, was also a <a href="http://www.huffingtonpost.com/2012/05/04/adam-yauch-films_n_1478993.html" target="_hplink">film director</a> and <a href="http://www.huffingtonpost.com/2012/05/04/adam-yauch-dead-tibet_n_1478359.html" target="_hplink">human rights activist</a>. At age 47, Yauch unfortunately lost his almost three year battle with cancer on May 4.
George Lindsey
George Lindsey, seen here in character as Goober Pyle on "The Andy Griffith Show" in 1982,<a href="http://www.huffingtonpost.com/2012/05/06/george-lindsey-dead-andy-griffith-show-goober-pyle-dies-83_n_1490083.html"> died early Sunday, May 6, 2012.</a> He was 83.
Levon Helm
In this May 15, 2010 photo, Levon Helm performs on the mandolin during a Ramble performance at Helm's barn in Woodstock, N.Y. Helm, who was in the final stages of his battle with cancer,<a href="http://www.huffingtonpost.com/2012/04/19/levon-helm-dead-the-band-cancer-battle_n_1434772.html"> died Thursday, April 19, 2012 in New York.</a> He was 71. He was a key member of The Band and lent his distinctive Southern voice to classics like "The Weight" and "The Night They Drove Old Dixie Down."
Dick Clark
Radio personality, <a href="http://www.huffingtonpost.com/2012/04/18/dick-clark-quotes_n_1435713.html" target="_hplink">TV host</a>, and <a href="http://www.huffingtonpost.com/nelson-davis/dick-clarks-business-less_b_1466150.html" target="_hplink">beloved producer</a>, Dick Clark died of a <a href="http://www.huffingtonpost.com/2012/04/18/dick-clark-heart-attack-death_n_1435551.html" target="_hplink">massive heart</a> attack on April 18. The host of classic programs such as <a href="http://www.huffingtonpost.com/huff-wires/20120418/us-dick-clark-highlights/" target="_hplink">American Bandstand</a> and <a href="http://www.huffingtonpost.com/2012/04/19/dick-clarks-new-years-eve_n_1437040.html" target="_hplink">Dick Clark's Rocking New Years Eve was 82.</a>
Davy Jones
Lead singer of hit 60's band <a href="http://www.huffingtonpost.com/2012/02/29/davy-jones-dead-monkees-moments-video_n_1310837.html" target="_hplink">The Monkees</a>, Jones' <a href="http://www.huffingtonpost.com/2012/03/01/monkees-davy-jones-obituary_n_1312799.html" target="_hplink">heartthrob status</a> was cemented with hits like "Day Dream Believer" and "I Wanna Be Free". He died at age 66 on February 29 after <a href="http://www.huffingtonpost.com/2012/04/05/davy-jones-autopsy-report_n_1406273.html" target="_hplink">suffering a heart attack</a>.
Whitney Houston
With perhaps one of the <a href="http://www.huffingtonpost.com/2012/05/21/whitney-houston-celebrate-jordin-sparks-sparkle_n_1532870.html" target="_hplink">greatest voices</a> of her generation, Houston was a multi-Grammy winning singer and actress left an indelible mark on both the pop and R&B genres. <a href="http://www.huffingtonpost.com/2012/02/15/whitney-houston-xanax_n_1279947.html" target="_hplink">Houston's well documented struggles with drug addiction</a> are thought to have contributed to her unexpected and <a href="http://www.huffingtonpost.com/2012/02/11/whitney-houston-dead-sing_n_1270889.html" target="_hplink">untimely demise</a> at age 48 on <a href="http://www.huffingtonpost.com/2012/04/05/whitney-houston-death-report-last-day_n_1405206.html" target="_hplink">February 11</a>.
Don Cornelius
<a href="http://www.huffingtonpost.com/2012/02/01/don-cornelius-dead-soul-train_n_1246642.html" target="_hplink">Cornelius</a>, creator and host of the long-running, groundbreaking<a href="http://www.huffingtonpost.com/2012/02/01/don-cornelius-dead-celeb-tweets_n_1247021.html" target="_hplink"> TV dance show "Soul Train,"</a> <a href="http://www.huffingtonpost.com/2012/04/24/don-cornelius-autopsy-depression_n_1450184.html" target="_hplink">unfortunately committed suicide </a>Wednesday morning, Feb. 1. He was 75.
Ian Abercrombie
In this Sept. 17, 2005 file photo, actor Ian Abercrombie is shown during the British Academy of Film and Television Arts/Los Angeles and the Academy of Television Arts & Sciences third annual Emmy Nominees Tea Party in Los Angeles. Abercrombie, a veteran British stage and screen actor whose TV roles included Elaine?s boss Mr. Pitt on "Seinfeld" and Professor Crumbs on ?Wizards of Waverly Place,?<a href="http://www.huffingtonpost.com/2012/01/28/ian-abercrombie-tv-moments_n_1239120.html"> died Thursday, Jan. 22, 2012</a> at a Los Angeles hospital from complications of kidney failure. He was 77.
Etta James
The "At Last" crooner <a href="http://http://www.huffingtonpost.com/2012/01/20/etta-james-dead-legendary_n_1219083.html" target="_hplink">passed away</a> on January 20 due to complications from leukemia. James, also known as <a href="http://www.huffingtonpost.com/2012/01/22/etta-james-singers-passio_n_1222010.html" target="_hplink">The Matriarch of R&B</a>, was 73.
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rostumcupa3: Gift Giving Ideas for Families on a Budget | Directory ...
There are many gift giving ideas that can be completed on a dime once you determine that there are items to give a loved one that you can make yourself! The wealth of craft supplies that are available to us now is enormous, and should be utilized to create innovative gifts for our friends and family members that they can appreciate and enjoy for many years to come.
Many discount craft supply stores are a great inspiration for the various gifts that we can create with our own hands and design with love for our closest family and friends. Most of these stores are well-stocked with craft supplies to meet many different demands and budgets. Furthermore, the staff members at these places tend to be very knowledgeable in the craft area and will provide much needed help and ideas when we may get stuck.
Then the problem lies in what kinds of gifts you would like to give. By using your own craft supplies and getting the help of the discount craft supply stores, a gift giving decision will be easy! You can make something unique and original for everyone, depending upon one?s individual likes and dislikes, and you can accomplish all of this without breaking the bank.
Of course there are countless craft ideas and projects that can be completed at home. One of the most popular ones that is the rage all over the country is the craft of making homemade jewelry. Almost every female friend or family member will love a necklace, bracelet, or pair of earrings, jewelry that is designed by you with attention and care. When you are making the jewelry pieces yourself, it is a great idea to use the many discount craft supplies that you will have available. One of the best things about making jewelry yourself is that it can be created to fit within any budget. Also, it is a special touch to receive a gift that really reflects the taste of the individual, and she can wear her piece proudly and brag that it was made especially for her by a local artisan!
Another great gift idea that requires very few craft supplies is to make a basket of goodies for someone. This dynamic at home business has been a proven success for numerous entrepreneurs, and it is sure to please the friend or family member who receives this gift from you. You can make the most of the many discount craft supplies to decorate and design your basket, and then fill it with all sorts of goodies that will treat your recipient and make her feel loved. Fill the one-of-a-kind basket with homemade baked goods such as cookies and breads, even jams and jellies. Some are even getting innovative and making their own soaps and candles for these baskets!? Not only are you creating the basket but you are cooking and creating, giving your very best recipes and finished products to those whom you love the most. Anyone will be pleased to receive a gift such as this!
Other gift ideas which you can make inexpensively and include the use of different craft supplies are original paintings, floral arrangements, and even monogrammed objects such as purses or clothing items. All of these require the use of numerous discount craft supplies but none that will leave you high and dry when it comes to the amount of money that you spend. Everyone loves original artwork from those who are truly gifted in this area, and the monogramming trend is sure to be a hit with your family and friends if you can work your sewing machine and help it create this magic.? No matter which craft area you choose to develop, know that your friends and family will appreciate your work and effort and are sure to display your work deliberately and with pride.
We all love to be the most creative gift giver, so this year, why not take something that you already do well and turn this into an original gift that will make another person happy? Take advantage of the many discount craft supplies that are available to you and make the most of your talents. Take the time to design a gift idea that truly shows a loved one that you care, and she is sure to wear and display it proudly for many years to come!
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Thursday, November 29, 2012
Lifting BP ban will be more than simple agreement: source
WASHINGTON (Reuters) - U.S. officials were surprised that BP Plc suggested an agreement would soon be ready to lift a suspension imposed this week on the company's obtaining new federal contracts, a government source said on Thursday.
"It caught us off guard," the source said. "It's not the case that there is an administrative agreement that is ready to go out the door right now," the source said, adding that any administrative agreement will only be part of a several-step process that could take months.
The Environmental Protection Agency on Wednesday suspended BP from obtaining new U.S. contracts over its "lack of business integrity" following the 2010 Deepwater Horizon accident, that killed 11 men and caused the biggest ever U.S. offshore oil spill.
BP responded with a statement indicating that the EPA had informed the company it was preparing an administrative agreement that would "effectively resolve and lift this temporary suspension," and that the EPA said the draft agreement would be available soon.
The U.S. ban does not end the company's existing contracts. But, if it lingers, it could imperil BP's position as a top U.S. offshore oil and gas producer and as the U.S. military's leading fuel supplier.
NUMBER OF STEPS
While the ban is temporary, it could be months before BP is allowed to obtain new contracts, including oil leases off the Gulf of Mexico, because an administrative agreement is just one of a number of steps BP and the U.S. government must work through, the source said.
For instance, the November 15 plea bargain agreement between BP and the U.S. government, in which the British energy giant will pay $4.5 billion in penalties, still needs to be finalized by the court. A date for that action has not been set.
Once it is, BP has 60 days to send a remedial plan to the Department of Justice and the EPA laying out how it plans to meet all of the stipulations in the plea agreement.
The agencies will review the plan and are likely to send it back to BP with proposed changes. The plan could go back and forth among all three parties before a final plan agreed to by all sides is reached.
"BP's saying there is some kind of administrative agreement to lift the suspension in the short term is not technically accurate," the source said. "They have some work to do."
Washington, is not attempting to create a long, drawn out process to lift the ban, the source said. On the other hand, it is not clear when the draft agreement will be sent to BP, the source said.
The EPA did not say how long the process would take when it announced the ban on Wednesday, but an official said government wide suspensions generally do not exceed 18 months. The official also warned they can go longer if civil cases against BP are not settled.
BP did not make any bids in a Gulf of Mexico lease sale held Wednesday. The next Gulf of Mexico lease sale is scheduled for March. BP would also have to sit that sale out if the ban is not lifted.
A spokeswoman for BP said the company had no comment.
(Reporting by Timothy Gardner; Editing by Theodore d'Afflisio)
Source: http://news.yahoo.com/lifting-bp-ban-more-simple-agreement-source-202807003--finance.html
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Court: 1-year suspension for Ohio St. case lawyer
FILE - In this July 12, 2002 file photo, attorney Christopher T. Cicero listens during a trial in Franklin County Common Pleas Court in Columbus, Ohio. The Ohio Supreme Court has suspended for a year the law license of Cicero, an attorney whose emails to Jim Tressel triggered an ongoing scandal and NCAA investigation that cost the coach his job at Ohio State. (AP Photo/Mike Munden, Columbus Dispatch, File)
FILE - In this July 12, 2002 file photo, attorney Christopher T. Cicero listens during a trial in Franklin County Common Pleas Court in Columbus, Ohio. The Ohio Supreme Court has suspended for a year the law license of Cicero, an attorney whose emails to Jim Tressel triggered an ongoing scandal and NCAA investigation that cost the coach his job at Ohio State. (AP Photo/Mike Munden, Columbus Dispatch, File)
COLUMBUS, Ohio (AP) ? The Ohio Supreme Court on Wednesday suspended for one year the law license of an attorney whose emails to Jim Tressel triggered an ongoing scandal and NCAA investigation that cost the football coach his job at Ohio State University.
At issue was whether Columbus attorney Christopher Cicero violated professional rules of conduct that prohibit revealing information from meetings with a client or a prospective client.
The 5-2 court decision followed the recommendation of a disciplinary board that argued Cicero wrongly discussed interviews with tattoo parlor owner Edward Rife, a potential client. However, the court overruled the board's recommendation for a six-month suspension.
Cicero sent emails to Tressel in April 2010, warning him that players were selling memorabilia or trading them for tattoos. The email traffic sparked the scandal and ended Tressel's Ohio State tenure.
An NCAA investigation also led to a bowl ban this year, reductions in scholarships and the loss of Ohio State's $389,000 share of the Big Ten bowl pot a year ago. The entire 2010 season also was vacated.
Ohio State just completed a 12-0 season and is ranked No. 4 in the AP poll.
Justice Judith Lanzinger said the case went to the heart of the importance of confidentiality between a prospective client and an attorney.
"Prospective clients trust that their confidences will be protected when they engage in an initial consultation with an attorney," Lanzinger wrote. "Cicero's almost immediate dissemination of the detailed information that Rife provided on April 15 directly violated that trust."
Justices Evelyn Lundberg Stratton and Terrence O'Donnell dissented, saying they would have imposed a six-month suspension.
"Cicero's intentions were not for personal aggrandizement or personal gain, as found by the majority, but were to alert the coach about misconduct by his players that could affect the team," Stratton wrote.
"His request that such information be held confidential does not support the notion that he was trying to seek fame," she said.
Cicero's lawyer said he was disappointed with the decision, saying he and his client had considered even a six-month suspension "a little harsh."
"We ended up losing for a year a really, really great lawyer who practices in a difficult area ? felony criminal law," said attorney John Gonzales.
He didn't know Cicero's plans for the year, adding they hadn't expected the decision so soon.
Cicero met with Rife on April 2, 2010, according to court documents, and again 13 days later to discuss whether Cicero would represent him in a federal drug trafficking case, according to a complaint against him by the Disciplinary Counsel of the Ohio Supreme Court.
Cicero, an Ohio State football player in the early 1980s, denied meeting with Rife on April 2. He said the two did meet on April 15, 2010, with the goal of confirming that Rife's partner, a former client of Cicero, wasn't involved with drug dealing or memorabilia sales.
Rife's house had been raided April 1 by federal drug investigators and Cicero wanted to know if Joseph Epling, his client and Rife's business partner, was involved in the case.
"Eddie Rife was never going to be my client in this case at all," Cicero told a three-member disciplinary panel at the Ohio Supreme Court last year. "I saw him as an ally and resource for Mr. Epling. That's how I viewed Mr. Rife's purpose in my office."
Rife pleaded guilty to drug trafficking and money laundering last year and was sentenced to three years in prison.
It was emails Cicero sent to Tressel in April 2010, warning him that players were selling memorabilia or trading them for tattoos, that helped launch the scandal.
In those emails, Cicero seemed to make it clear that he may have taken on Rife as a client.
"If he retains me, and he may, I will try to get these items back," Cicero wrote in an April 16, 2010, email.
"I have to sit tight and wait to see if he retains me, but at least he came in last night to do a face to face with me," Cicero wrote later that day.
Cicero and his attorneys argued the emails sent to Tressel were only meant to warn the coach about his players' actions and shouldn't be read as a breach of confidentiality, since ?they argued ? Rife was not a client.
Ohio's legal conduct rules generally prohibit attorneys from divulging any information they received from someone who might be a prospective client.
News of the memorabilia sales emerged in December 2010. In March 2011, the university discovered that Tressel had known about the sales since the previous April and said nothing. That was a violation of both NCAA rules and Tressel's contract, which required the prompt reporting of any knowledge of such player infractions. Tressel resigned under pressure in May 2011.
___
Andrew Welsh-Huggins can be reached at http://twitter.com/awhcolumbus.
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