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Legal news from Tuesday, May 29, 2007 |
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European, Asian states agree to deadline on greenhouse gases pact but US balks
Melissa Bancroft on May 29, 2007 8:39 PM ET

[JURIST] Asian and European countries agreed Tuesday to set new international emissions standards by 2009, after a two-day conference in Hamburg, Germany that included representatives from over 40 nations. Supporters of the new deadline said it was necessary in light of the impending 2012 expiration of the Kyoto Protocol [text; JURIST news archive], which currently governs international greenhouse gases. Attendees also discussed the need for global promotion of alternative energy sources, agreeing to a tentative outline for the different responsibilities of richer and poorer nations in emissions reduction [JURIST news archive]. The European Union has begun exerting pressure on major polluters in Asia, but many Asian countries have indicated they will only reduce emissions in exchange for European green technology. The EU has so far been reluctant to accept the trade, but the first round of negotiations is scheduled to begin in December in Bali, Indonesia. AP has more.
The US has rejected the conference's deadline to reduce emissions globally as too broad. According to chairman of the White House Council on Environmental Quality James Connaughton [official profile], the Bush administration favors a policy which sets goals in the context of national circumstances, rather than a global mandate. The US also rejected the 1997 Kyoto Protocol because it excluded developing countries from the restrictions and many feared it would disproportionately harm the US economy. AP has more.


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South Korea court upholds convictions of Samsung execs for illegal stock trading
Gabriel Haboubi on May 29, 2007 1:04 PM ET

[JURIST] A South Korean appellate court Tuesday upheld the conviction of two Samsung [corporate website] executives connected with illegal stock trading [JURIST report]. Tae-Hak Huh and Ro-Bin Park were convicted of breach of duty in 2005 for selling a controlling stake of Samsung holding company Samsung Everland [corporate website] to the son of Samsung Chairman and CEO Kun-Hee Lee [corporate profile; Wikipedia profile] for approximately half of its fair market value. Huh, Everland's former president, was given a suspended jail sentence of three years, while Park, the current president and CEO, was given a suspended jail sentence of two years. The Seoul High Court [official backgrounder] affirmed Huh's three-year sentence, and added an additional year onto Park's two-year sentence in Tuesday's ruling. The court made no judgment on whether Lee was involved with the bond sale.
Samsung has been the center of numerous legal battles in the past few years, many of which stem from criminal antitrust actions involving fixing the price of Dynamic Random Access Memory (DRAM) [Wikipedia backgrounder], affecting the cost of personal computers worldwide. Last month, a sixth Samsung executive pleaded guilty [US DOJ press release; JURIST report] to US charges of conspiring to artificially inflate DRAM costs. Samsung's $150 billion sales accounts for 17 percent of South Korea's total economic output. AFP has more.


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Supreme Court limits gender pay discrimination lawsuits
Jeannie Shawl on May 29, 2007 10:13 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] ruled Tuesday that an employee cannot bring a lawsuit for pay discrimination under Title VII of the Civil Rights Act of 1964 [text] for allegedly discriminatory actions that occurred outside the statutory limitations period even when a paycheck is received during the statutory limitations period. In Ledbetter v. Goodyear Tire & Rubber Co. [Duke Law case backgrounder; JURIST report], Lilly Ledbetter, who worked at Goodyear for 19 years, alleged that she received less pay than male counterparts because of sex discrimination. The district court awarded Ledbetter $360,000 in damages but the US Court of Appeals for the Eleventh Circuit reversed [opinion, PDF], holding that the district court should have granted Goodyear's motion for judgment as a matter of law because the statute required Ledbetter to file her complaint with the Equal Employment Opportunity Commission (EEOC) [official website] within six months of the alleged illegal employment practice.
The Supreme Court affirmed the federal appeals court, rejecting Ledbetter's argument that each paycheck issued violated Title VII, triggering a new six-month EEOC filing period. The Court held that "a pay-setting decision is a discrete act that occurs at a particular point in time" and that the statutory period for filing an EEOC claim begins when that discrete act occurs. Read the Court's 5-4 opinion [text] per Justice Alito, along with a dissent [text] from Justice Ginsburg. AP has more.


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UK formally requests extradition of Litvinenko poisoning suspect
Brett Murphy on May 29, 2007 9:35 AM ET

[JURIST] British authorities submitted a formal extradition request to Russia on Monday, seeking Andrei Lugovoy in the poisoning-murder of former KGB agent Alexander Litvinenko [BBC profile; BBC timeline]. Last week, UK Attorney General Lord Goldsmith rejected a Russian offer to try Lugovoy in Russia, calling for his extradition [JURIST report] to the United Kingdom. The Russian government has thus far refused to turn Lugovoy over to the UK, saying that the Russian constitution forbids it [MFA statement].
Britain's Crown Prosecution Service (CRS) [official website] found sufficient evidence to charge [press release; JURIST report] Lugovoy with murder last week. Litvinenko and Lugovoy, both former employees of the Russian state security agency, the Federal Security Service of the Russian Federation (FSB) [official website, in Russian], met on November 1, 2006, hours before Litvinenko fell ill of radioactive poisoning from polonium-210 [CDC backgrounder]. Litvinenko died on November 26. AP has more.


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Former Chinese drug commissioner sentenced to death for taking bribes
Brett Murphy on May 29, 2007 9:16 AM ET

[JURIST] A Chinese court sentenced Zheng Xiaoyu, former commissioner of China's State Food and Drug Administration [official website, in Chinese], to death on Tuesday for taking bribes in exchange for his approval of substandard drugs. Zheng received over $832,000 in bribes, allowing eight companies to bypass the drug approval process, including one which released an antibiotic accused of killing at least 10 people. In 2002, China [JURIST news archive] implemented sweeping drug laws that required the approval of all drugs by Zheng's agency, creating a huge backlog, which enabled Zheng's abuse of power. The sentence must be reviewed by an appellate court and eventually the Supreme People's Court before it is final.
In April, China continued its campaign against corruption [JURIST news archive] among public officials by unveiling a set of new rules [JURIST report] aimed at ensuring the integrity of public servants. In March, Chinese Chief Justice Xiao Yang told the National People's Congress, China's parliament, that nine high-ranking Chinese officials were convicted by courts in 2006 [JURIST report] as a result of China's ongoing anti-corruption campaign. AP has more. Xinhua has local coverage.


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