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Legal news from Saturday, October 2, 2010




US financial oversight committee convenes for first meeting
Sarah Paulsworth on October 2, 2010 5:15 PM ET

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[JURIST] The US Financial Stability Oversight Council (FSOC) [offical website] convened [press release] for the first time on Friday and approved a number of documents related to its duties under the Dodd-Frank Wall Street Reform and Consumer Protection Act [text, PDF]. The FSOC, which operates within the US Department of Treasury [official website] under the direction of US Secretary of the Treasury Timothy Geithner [official profile], is tasked with identifying threats to the financial stability of the US, promoting market discipline, and responding to emerging risks to the stability of the US financial system. At its inaugural meeting, the Council adopted bylaws and transparency policy [texts, PDF], and issued a request for information and study recommendations regarding the Council's study of the so-called Volcker Rule [FT backgrounder]. In August, Geithner told the media that the FSOC and other regulatory bodies will work over the coming months to forge [JURIST report] an "international agreement" among the world's financial institutions and regulators on a set of new capitalization rules to prevent a "race to the bottom" of risk standards among investors in the global market.

The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law [JURIST report] by President Barack Obama in July and created the new regulatory council to monitor financial institutions in order to prevent companies from becoming "too big to fail." In addition to creating the FSOC, this legislation also gives the Federal Reserve [official website] new oversight over the largest financial institutions, creates a bureau of consumer protection, introduces multitudes of new regulations on derivatives and other financial instruments and limits the amount of capital banks can invest in hedge funds. In June 2009, the administration proposed a broad series of regulatory reforms [press release; JURIST report] aimed at restoring confidence in the US financial system in the wake of economic crisis [JURIST news archive].




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Halliburton seeks extension to prepare defense for Deepwater Horizon oil spill claims
Sarah Paulsworth on October 2, 2010 3:28 PM ET

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[JURIST] Halliburton Energy Services [official website] and several other companies being sued in connection with April's Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico filed a request on Friday seeking more time to prepare their defense, the AP reports. The motion, filed [AP report] in the US District Court for the Eastern District of Louisiana [official website], seeks to postpone the trial until 2012 citing a need resolve limitation and liability allocation issues. US District Judge Carl Barbier [Federal Judicial Center profile] has not yet issued a decision on the request. In August, the US Judicial Panel on Multidistrict Litigation [official website] selected [order, PDF] Barbier to hear [JURIST report] more than 300 lawsuits filed against British Petroleum (BP) [corporate website] and other defendants in connection with the Deepwater Horizon accident.

Halliburton and other companies involved in the oil are also being sued [JURIST report] in Montgomery, Alabama by Alabama Attorney General Troy King [official profile]. In August, BP and the US Department of Justice (DOJ) [official website] announced the completion of negotiations over the implementation of a $20 billion fund [JURIST reports] to aid victims of the oil spill. Numerous lawsuits are pending against BP in connection with the spill. In July, a class-action lawsuit [complaint, PDF; JURIST report] was filed against the company in a Louisiana state court alleging that its negligent actions led to the spill and that BP was further negligent in its oversight of the cleanup effort, resulting in volunteers falling ill due to inadequate protective equipment. In June, two lawsuits were filed against BP [JURIST report] alleging violations of the Racketeer Influenced Corrupt Organizations (RICO) [18 USC § 1961 et seq.] statute. The lawsuits allege that BP purposefully defrauded the American public in order to increase company profits. Also in June, Attorney General Eric Holder [official website] announced that the DOJ is reviewing whether any civil or criminal laws were violated [JURIST report] by BP resulting in the oil spill. Holder cited several statutes being examined by government lawyers, including the Clean Water Act and the Oil Pollution Act of 1990 [materials].




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Pakistan files complaint protesting NATO air strikes
Daniel Makosky on October 2, 2010 3:09 PM ET

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[JURIST] Pakistan's Ministry of Foreign Affairs [official website] on Monday lodged a protest [press release] with NATO [official website] and its International Security Assistance Force (ISAF) [official website] regarding air strikes that crossed into Pakistani territory. The complaint stems from an incident last week in which ISAF helicopters engaged militants following an attack on an Afghan security base in the Khost province. During the encounter, ISAF personnel drew fire from the Pakistani side of the border and pursued, killing upwards of 30 insurgents. ISAF cited [press release] the "right of self defense" as justification for crossing into Pakistani airspace. Pakistan characterized the incident as an infringement on its sovereignty, arguing that the ISAF mandate [materials] "terminates/finishes" at the Afghan border and does not provide for any incursions into Pakistan. The country also noted that it will begin to consider potential response avenues unless remedial actions are immediately taken to prevent future incidents.

The actions of NATO-led forces in Afghanistan have been questioned previously. In December, Afghan president Hamid Karzai [official website; JURIST news archive] appointed a delegation [JURIST report] to investigate ten civilian deaths thought to have occurred during a raid by international forces, possibly including NATO personnel, in Kunar province. The Afghan parliament demanded in May that restrictions be placed [JURIST report] on foreign-led airstrikes following an attack that resulted in the death of 140 civilians.




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Israel denies entry to Nobel laureate after involvement in Gaza aid shipment
Daniel Makosky on October 2, 2010 2:46 PM ET

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[JURIST] An Israeli district court on Friday rejected Irish Nobel Peace Prize winner Mairead Maguire's request to gain entry into the country. Maguire, traveling to Israel for a conference of Nobel laureates, was arrested [AFP report] on Tuesday upon her arrival in Tel Aviv and informed that she was barred from entering Israel for 10 years. The ban stems from Maguire's presence on the MV Rachel Corrie when it attempted to deliver aid supplies to the blockaded Gaza Strip [BBC backgrounder] in June. One week earlier, Israeli forces raided [JURIST news archive] several Turkish ships, leaving nine civilians dead. The Turkish ship on which the violence occurred was one of six organized [Guardian backgrounder] by the Free Gaza Movement [advocacy website] to carry protesters and humanitarian supplies to the isolated Palestinian enclave. Maguire is scheduled to be deported within 48 hours of the ruling, though she has yet to decide if she will appeal the ruling.

In August, the Turkish Foreign Ministry [official website] announced that it will conduct an investigation [JURIST report] into the May incident. The announcement came days after Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] testified before a civilian commission that Israel did not violate international law [JURIST report]. A senior Israeli official announced in July that his government would not cooperate [JURIST report] with an investigation into the incident conducted by the UN Human Rights Council (UNHRC) [official website], but will comply with a separate UN investigation created under the authority of UN Secretary General Ban Ki-moon [official website]. Earlier in July, an Israeli military probe found that the raid lacked sufficient intelligence and planning [JURIST report], but also concluded that no punishments were necessary. The International Committee of the Red Cross (ICRC) [official website] in June called for an end [JURIST report] to the blockade, labeling it a violation of international humanitarian law.




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