Friday, December 16, 2011

Russian fishing ship lists badly near Antarctica

In this undated photo provided by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), Russian fishing vessel Sparta is tied up at an unknown location. The Sparta, with 32 crew members, is in trouble and taking on water near Antarctica, Friday, Dec. 16, 2011, with heavy sea ice hampering rescue efforts. Officials said it could be four or five days before anybody reaches the ship to try to rescue the crew. (AP Photo/Commission for the Conservation of Antarctic Marine Living Resources) EDITORIAL USE ONLY

In this undated photo provided by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), Russian fishing vessel Sparta is tied up at an unknown location. The Sparta, with 32 crew members, is in trouble and taking on water near Antarctica, Friday, Dec. 16, 2011, with heavy sea ice hampering rescue efforts. Officials said it could be four or five days before anybody reaches the ship to try to rescue the crew. (AP Photo/Commission for the Conservation of Antarctic Marine Living Resources) EDITORIAL USE ONLY

WELLINGTON, New Zealand (AP) ? A Russian fishing vessel with 32 crew members was taking on water near Antarctica on Friday. Heavy sea ice was hampering rescue efforts, and officials said it could be four or five days before anybody reaches the ship to try to rescue the crew.

The Sparta was listing at 13 degrees next to the Antarctic ice shelf in the Ross Sea, according to Maritime New Zealand. The agency said that the crew was safe and was throwing cargo overboard to lighten the ship, and that some of the crew had boarded lifeboats as a precaution.

The ship has a 1-foot (30 centimeter) hole in the hull about 5 feet (1.5 meters) below the water line, the agency said. The crew so far had managed to pump out much of the incoming water and had attached a tarpaulin over the outside of the hole to slow the water flooding in, the agency said.

The crew have asked for more pumps to be sent to them and will try and make repairs to the hull, the agency said, adding it was trying to figure out a way to deliver the pumps.

"It's a very remote, unforgiving environment," said Andrew Wright, executive secretary of the Australian-based Commission for the Conservation of Antarctic Marine Living Resources, which has licensed the Sparta to catch toothfish in the Southern Ocean.

Wright said he didn't know what caused the hole, although he added that an iceberg "would be a good candidate."

The Sparta, which is 157 feet (48 meters) long, sent a distress call early Friday. Maritime New Zealand said heavy ice in the Southern Ocean would make it difficult for other ships to reach the vessel.

The Sparta's sister ship Chiyo Maru No. 3 was 290 nautical miles away and heading toward the stricken vessel but had no capacity to cut through sea ice, the agency said. A New Zealand vessel, the San Aspiring, had some ice-cutting ability and was also en route, but was four or five days away. A third vessel was just 19 nautical miles away, but it was hemmed in by heavy ice and unable to move toward the Sparta.

Ramon Davis, who is coordinating rescue efforts for Maritime New Zealand, said a C-130 Hercules plane that arrived from Antarctica flew over the scene to assess ice conditions in the area to speed up the rescue efforts. But Davis said the aircraft would not be able to pick up the crew.

Davis said there were no helicopters in the area and that another vessel remained the most viable option for trying to rescue the crew.

"It is possible the crew will have a fairly long wait for rescue," he said.

He said that if the crew manage to lighten the ship enough by getting rid of cargo and pumping out water, it's possible the hole in the hull would rise above the water line.

The crew has some emergency immersion suits that could keep them alive for a time in freezing water, Maritime New Zealand said.

The weather in the area was calm, with temperatures a relatively mild 37 degrees Fahrenheit (3 degrees Celsius).

Commission records list the captain of the Sparta, which was built in 1988, as Oleg Pavlovich Starolat, who is Russian.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2011-12-15-AS-New-Zealand-Stricken-Ship/id-e06c7a64da9e4878840d587bb3ebb43b

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2012 Golden Globe nominees: Spotlight shines on 'The Artist'

The throwback black-and-white, almost silent movie garnered the most film nominations for the Golden Globe awards, announced Thursday in Beverly Hills.

Beverly Hills, California

Silent movie "The Artist" painted a pretty picture at the Golden Globe nominations on Thursday, leading all movies with six nods overall including best film comedy or musical in the race to Hollywood's Oscars.

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Following "The Artist" among top nominees for the key film awards were "The Descendants," starring George Clooney as a man struggling to keep his family together, and civil rights movie "The Help" with five nods each, including both in the key category of best film drama.

Joining "Descendants" and "The Help" among the films vying for top drama director Martin Scorsese's 3D "Hugo" and Steven Spielberg's "War Horse," baseball movie "Moneyball" and Clooney's political film "The Ides of March."

"I see great versatility, there is a variety of subjects being brought up in a variety of formats," said Aida Takla-O'Reilly, president of the Hollywood Foreign Press Association, which gives out the Golden Globe Awards.

The Golden Globes, which are voted upon by roughly 90 members of the HFPA, are among the most widely watched honors programs leading up to the Oscars in February.

But unlike the Oscars, Golden Globe movie nominations are grouped into two categories -- dramas and musicals or comedies -- where "The Artist" faces competition from director Woody Allen's "Midnight in Paris," cancer comedy "50/50," box office hit "Bridesmaids" and "My Week with Marilyn,' starring Michelle Williams in the role of screen siren Marilyn Monroe.

SILENCE IS GOLDEN

"The Artist," an almost entirely silent movie shot in black-and-white and made in the same way as movies were before the "talkies," has captured the hearts of Hollywood award voters and critics this year with its tale of a silent-era star and his romance with a budding actress.

Along with best film musical or comedy, it earned nods for its star, French actor Jean Dujardin, supporting actress Berenice Bejo, director and writer Michel Hazanavicus and musical score, and the media exposure it will earn from being the top Golden Globes nominee should lure fans to box offices.

"The Descendants" and "The Help," similarly have wowed critics, and both films boosted their chances at Oscars by a strong showing at Thursday's Golden Globe nominees.

Along with best film drama, "Descendants" scored nominations for Clooney as best actor and Alexander Payne for directing and writing, among its honors. "The Help" earned several of its other nominations in acting categories including Viola Davis for best actress in a drama and Octavia Spencer and Jessica Chastain for supporting actress.

Joining Davis in the race for best dramatic actress are perennial favorite Meryl Streep portraying Margaret Thatcher in "The Iron Lady," Glenn Close playing a woman masquerading as a male butler in "Albert Nobbs," newcomer Rooney Mara for "The Girl with the Dragon Tattoo and Tilda Swinton in dark film, "We Need to Talk About Kevin."

In the race for best dramatic actor, Clooney will square off against Leonardo DiCaprio as FBI boss J. Edgar Hoover in "J. Edgar," Michael Fassbender portraying a sex addict in "Shame," Brad Pitt in "Moneyball" and Ryan Gosling for "The Ides of March."

In another key category, best director, Payne and Hazanavicius take on masters Scorsese ("Hugo") and Allen ("Midnight in Paris,") along with Clooney for political film "The Ides of March."

Foreign language film nominees were Angelina Jolie's Bosnian war movie "In the Land of Blood and Honey," Chinese movie "The Flowers of War," Belgian film "The Kid with a Bike," Iran's "A Separation," and Spanish movie "The Skin I Live In."

The Golden Globe Awards will be given out in a gala ceremony on Jan. 15, hosted by British comedian Ricky Gervais and telecast live on the NBC network.

Last year, Gervais ruffled many of the actors in the audience and members of the HFPA with some sarcastic jokes about the reputation of the awards show, but was invited back to emcee the event again this year.

HFPA president Takla-O'Reilly made light of last year's performance at the nominations Thursday, calling Gervais a "naughty, naughty schoolboy."

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/efc3RQVp5kY/2012-Golden-Globe-nominees-Spotlight-shines-on-The-Artist

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Saturday, December 3, 2011

Asus ET2410IUTS-B018C

The Asus ET2410IUTS-B018C ($949.99 list) is a 23.6-inch all in one desktop PC from Asus, with better specs than the Asus ET2410-06 ($899.99 list) to justify its slightly higher price tag. The ET2410IUTS-B018C is a midrange touchscreen all in one desktop PC with a true quad core processor, integrated graphics, and future looking technology like USB 3.0 and HDMI included. It's designed for the demanding user and connected family behind that user.

The ET2410IUTS-B018C comes with a quad core Intel Core i5-2310 processor, integrated Intel HD 2000 graphics, 6GB of system memory, a 1TB hard drive, 802.11 b/g/n WiFi, wireless keyboard and mouse, and a large 23.6-inch touch sensitive screen. With these specs, your local power user will get a very fast, capable system for under $1,000.

The ET2410IUTS-B018C comes with built-in speakers and DTS surround sound, well suited for enjoying online videos and DVDs. You can also view video from the HDMI in ports on the 23.6-inch screen. The screen is multi-touch, supporting gestures like swipe, pinch and zoom, and rotate. Asus also includes a pair of USB 3.0 ports and an eSATA port for connecting fast external hard drives. Three USB 2.0 ports are also included for slower peripherals like printers, older hard drives, as well as devices like tablets and smartphones. The system's HDMI-in, HDMI-out, and VGA-in ports give you plenty of options: connecting a set top box, connecting an external monitor, and connecting a laptop to the system.

The Asus ET2410IUTS-B018C looks to be a well connected all in one PC for the power user that would otherwise consider an Apple iMac 21.5-inch (Thunderbolt) ($1,199 list, 4.5 stars) or a HP TouchSmart 610-1150y ($1,199.99 at Best Buy, 4.5 stars).?

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Product not yet reviewed by PCMag editors.

Source: http://feedproxy.google.com/~r/ziffdavis/pcmag/~3/0GEPRWUKpOU/0,2817,2396391,00.asp

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Barnes & Noble 3Q net loss narrows

(AP) ? Barnes & Noble Inc. said Thursday that its third-quarter loss narrowed as lower costs offset a decline in sales of traditional physical books.

Results missed analysts' expectations, sending its shares 12 percent lower in morning trading.

But the bookseller, which is investing heavily in its Nook e-readers and e-book library, sounded a positive note about the holidays so far.

Revenue in stores open at least one year, a key measure of a retailer's fiscal health, rose 10.9 percent during the three-day weekend after Thanksgiving, which is typically a bustling shopping weekend. That's good news since retailers make up to 40 percent of annual revenue during the November and December holiday period.

"Based on early sales and traffic results in stores we are encouraged by our prospects for this upcoming holiday," said CEO William Lynch.

The company launched the $249 Nook Tablet, more of a full-fledged tablet device than previous Nooks, on Nov. 7. It also sells the $199 Nook Color and $99 Nook Simple Touch reader. Barnes & Noble has been tight lipped about the exact number of devices it has sold but said sales across all Nook businesses, including digital content, hardware devices and accessories, rose 85 percent.

"We expect to sell millions of devices during our third quarter, adding to the millions of current NOOK customers," Lynch said. Barnes & Noble is competing against Amazon.com, which launched a $199 Kindle Fire tablet device and Apple Inc.'s iPad2, which starts at $499, for market share in the tablet space and the holidays are expected to be a key battlefield.

Net loss for the quarter ended Oct. 29 was $6.6 million, or 17 cents per share. That compares with a loss of $12.6 million, or 22 cents per share, a year ago.

Analysts expected earnings of 3 cents per share. Lower proxy contest and litigation related costs helped narrow the loss.

Revenue edged down less than 1 percent to $1.89 billion. Analysts expected $1.98 billion. BN.com sales rose 17 percent.

Its shares tumbled $2.10, or 12 percent, to $15.34 in morning trading.

Barnes & Noble is investing in electronic books and readers as traditional booksellers are facing tough competition from online retailers and discount stores, which forced rival Borders to liquidate earlier this year.

For the remainder of the year the company said it expects to invest heavily in activities that will help it gain more Nook users including promotions and advertising.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2011-12-01-US-Earns-Barnes-and-Noble/id-2c7d0a971e444abab7e59461d2d7de55

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Friday, December 2, 2011

Apple's Siri on iPhone 4s and Legal Privilege ? Slaw

November 29, 2011

Simon Fodden

Apple?s Siri on iPhone 4s and Legal Privilege


by Simon Fodden ? November 29, 2011

I thought that Slaw readers might be interested in this observation by BLG partner, Norman Letalik, as a result of his recent exchange with Apple Canada?s regional counsel. (The following quotation is from an email thread in a group to which I belong and is reproduced with Norm Letalik?s permission.)

Note that I have now had a telephone conversation with Ms. Famulak, who is regional counsel for Apple Canada. She confirms that the information that is dictated on the Apple iPhone 4s using the Siri dictation feature is sent to servers that reside in the US and that Apple, its related companies and agents have access to the contents of what is dictated. She did not wish to opine on whether Apple?s ability to access dictated client communications would breach legal privilege in Ontario or elsewhere. So, the best practice would be not to use the dictation feature on an iPhone 4s for any dictated information to which you intend legal privilege to attach. Note as well that Apple?s dictation servers are located in the US, so the dictated information may also be scanned for national security purposes by the US Government pursuant to powers given to it under the Patriot Act.

In his request to Ms Famulak, Mr. Letalik noted that lawyers ?likely did not read your 364 pp user agreement document carefully enough to understand the implications of the above terms and conditions.?

The problem with privilege in this context is explained by Professor Adam Dodek, a new contributor on Slaw, in his February 2011 discussion paper for the Canadian Bar Association, ?Solicitor-Client Privilege in Canada: Challenges for the 21st Century?:

As the House of Lords has stated, the sine qua non of privilege is confidentiality: ?Unless the communication or document for which privilege is sought is a confidential one, there can be no question of legal advice privilege arising. The confidential character of the communication or document is not by itself enough to enable privilege to be claimed but is an essential requirement.? The CBA has issued ?Guidelines for Practicing Ethically with New Information Technologies,? which declares that ?Lawyers should exercise the same care to protect the confidentiality and privilege of electronic communications as is normally expected of them using any traditional form of communication.?
PDF, at p.48 (footnotes omitted)

Certain knowledge that a communication is open to others to read may ipso facto prevent the attachment of privilege.

I thought that Slaw readers might be interested in this observation by BLG partner, Norman Letalik, as a result of his recent exchange with Apple Canada?s regional counsel. (The following quotation is from an email thread in a group to which I belong and is reproduced with Norm Letalik?s permission.)

Note that I have now had a telephone conversation with Ms. Famulak, who is regional counsel for Apple Canada. She confirms that the information that is dictated on the Apple iPhone 4s using the Siri dictation feature is sent to servers that reside in the US and that Apple, its related companies and agents have access to the contents of what is dictated. She did not wish to opine on whether Apple?s ability to access dictated client communications would breach legal privilege in Ontario or elsewhere. So, the best practice would be not to use the dictation feature on an iPhone 4s for any dictated information to which you intend legal privilege to attach. Note as well that Apple?s dictation servers are located in the US, so the dictated information may also be scanned for national security purposes by the US Government pursuant to powers given to it under the Patriot Act.

In his request to Ms Famulak, Mr. Letalik noted that lawyers ?likely did not read your 364 pp user agreement document carefully enough to understand the implications of the above terms and conditions.?

The problem with privilege in this context is explained by Professor Adam Dodek, a new contributor on Slaw, in his February 2011 discussion paper for the Canadian Bar Association, ?Solicitor-Client Privilege in Canada: Challenges for the 21st Century?:

As the House of Lords has stated, the sine qua non of privilege is confidentiality: ?Unless the communication or document for which privilege is sought is a confidential one, there can be no question of legal advice privilege arising. The confidential character of the communication or document is not by itself enough to enable privilege to be claimed but is an essential requirement.? The CBA has issued ?Guidelines for Practicing Ethically with New Information Technologies,? which declares that ?Lawyers should exercise the same care to protect the confidentiality and privilege of electronic communications as is normally expected of them using any traditional form of communication.?
PDF, at p.48 (footnotes omitted)

Certain knowledge that a communication is open to others to read may ipso facto prevent the attachment of privilege.

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These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Securities Regulation - Trading in securities - Offences - Fraud

    Walker, a lawyer, was a director, corporate secretary and legal counsel to Panterra Resource Corp. The British Columbia Securities Commission found that Walker had contravened the Securities Act by perpetrating a fraud on Panterra by ...

  • Family Law - Husband and wife - Multiple issues

    ?The Ontario Superior Court determined the family litigation issues between the parties, including the division of property, custody of the parties? two children, access, spousal and child support and the father?s claim for damages based on ...

  • Administrative Law - Judicial review - General - Governmental action

    Pursuant to the Pacific Salmon Treaty with the U.S., Canada agreed to reduce its catch of chinook salmon off the west coast of Vancouver Island (Area G) by 30 percent for each of ten years, ...

  • Insurance - Regulation - General - Directors and officers of insurance companies

    Great-West Life Assurance Co. was acquired by London Life Insurance Co. It was anticipated that the merger would reduce expenses and benefit the companies? participating insurance policy accounts (PAR accounts). Two class actions ...

  • Equity - Fiduciary or confidential relationships - The investment counsellor-client?relationship - What constitutes

    The plaintiffs claimed that their decision to retire early was largely motivated by the impression imparted by their financial planners, two life insurance agents, that the plaintiffs? investment plan would generate a ...

  • Criminal Law - Evidence and witnesses - Admissibility and relevancy - Similar acts - When admissible?

    The accused was convicted of sexual touching and sexual assault. The accused appealed. He argued that the trial judge erred by admitting similar fact evidence from an incident that ...

  • Evidence - Witnesses - Privilege - General - Public interest privilege

    Kyle Cater and two others were charged with numerous firearms/weapons charges. Kyle Cater intended to bring an application to stay the proceedings for abuse of process. His counsel filed a pre-hearing brief which contained ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions?regarding credibility of witnesses

    The accused was charged with four counts of sexual assault and one count of unlawful touching of a person under 16 for a sexual purpose (counts 1 ...

  • Civil Rights - Property - Search and seizure - Unreasonable search and seizure defined?

    Members of the Fredericton Police Force executed a search warrant at the accused?s residence that resulted in the laying of numerous charges. Relying upon his Charter right to be free from ...


This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Source: http://www.slaw.ca/2011/11/29/apples-siri-on-iphone-4s-and-legal-privilege/

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Monday, November 28, 2011

Pa. man acknowledges harassing Palin lawyers (AP)

ANCHORAGE, Alaska ? The father of a Pennsylvania man who has already acknowledged making harassing phone calls to Sarah Palin's lawyers said in a plea agreement that he made similar calls, court documents state.

Craig Christy, 48, and his son, Shawn Christy, 20, are expected to appear in federal court in Anchorage on Monday to change their pleas from not guilty, prosecutor Retta-Rae Randall said Friday.

Sentencing has not been set.

By signing the plea agreement, Craig Christy, of McAdoo, Penn., avoided what could have been a two-year prison sentence and a $250,000 fine.

The documents state that he agreed to be placed on five years of probation and have no contact with certain people whose names were not disclosed.

The Christys were arrested in August. Prosecutors say they were upset about restraining orders issued by an Alaska magistrate on behalf of Palin, the former Alaska governor and 2008 Republican presidential nominee, along with her family and friends.

A restraining order was issued against Shawn Christy because he was accused of stalking Palin.

The father's restraining order was issued following accusations that he left antagonizing telephone messages with Palin's parents.

The Christys later acknowledged making harassing phone calls from Pennsylvania to Palin's lawyer.

In one obscenity-laden communication, Craig Christy threatened to kill lawyer John Tiemessen, the criminal complaint says. It says Tiemessen's offices in Anchorage and Fairbanks received hundreds of calls, sometimes in one day, with some of the calls involving threats against Tiemessen and Palin.

"Defendant knew that his actions would clog the telephone lines of the law firm and waste their time," the plea agreement states.

A call to Christy's lawyer, James Wendt, was not immediately returned Friday.

Earlier this week, Shawn Christy, who had strongly contested the protective order issued against him for allegedly stalking Palin, agreed to plead guilty to making harassing phone calls to Palin's lawyers under a similar plea agreement.

In one message he threatened to come to Alaska and rape one of the attorneys, court documents say.

Shawn Christy's plea agreement also calls for five years of probation, no jail time and conditions similar to those imposed on his father.

Under the plea deals, the Christys also cannot possess or use a computer or cellphone with access to online services without prior approval of his probation officer. If law enforcement or probation officers suspect the Christys have violated the conditions, they have agreed to allow searches of themselves, home and property at any time, the plea agreement says.

Both also will be required to complete a mental health treatment program.

Source: http://us.rd.yahoo.com/dailynews/rss/crime/*http%3A//news.yahoo.com/s/ap/20111126/ap_on_re_us/us_palin_threatened

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