Category Archives: Business Law

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China’s Google is being told to stop ranking results based on the fees it charges

China’s internet regulator has ordered the country’s biggest search engine to change how it handles medical advertisements and stop ranking results largely by the fees it charges, as the government wrapped up an investigation prompted by the death of a student with cancer.

Baidu said it would make the necessary changes and establish a billion-yuan fund to compensate consumers who suffered from misleading adverts hosted on its site.

The paramilitary force’s ­hospital in Beijing, where the ­student received treatment, was found to have violated regulations on outsourcing some ­specialist departments, and to have made false claims in medical ­advertisements.

The inquiry came after a public outcry over the death of Wei Zexi, 21, who sought cancer treatment at the No 2 Beijing Armed Police Hospital, which topped his Baidu search. Wei and his family paid 200,000 yuan (HK$240,000) for the treatment but it did not save him. Doctors say the immunotherapy treatment he received is still in the experimental stage.

Health authorities, officials from the Cyberspace Administration of China (CAC) and the State Administration for Industry and Commerce launched the joint investigation into the search engine and the hospital last week.

The CAC found Baidu’s business model – which allows advertisers who pay a fee to be featured more prominently in search ­results – had affected Wei’s choice of treatment.

Baidu must go through all medical advertisements shown in its search results and remove those by medical institutions that had not been qualified by regulators, the CAC said.

The company must change its search result model, as the listings returned were determined by fees the companies paid, the authorities said.

It also required Baidu to provide distinctive labeling for sponsored search results, which should account for no more than 30 per cent of results displayed on a page.

Additionally, the company would need to establish a mechanism through which people who suffered losses from misleading adverts found on the site could claim compensation, it said.

The company said it would alter its search engine operations and advertisement rankings as suggested, and set up the compensation fund.

The national health commission and the military’s health bureaus ordered the hospital to terminate its partnership with the private Shanghai Claison Bio-tech, which provided the experimental cancer treatment.

The hospital should clean up similar outsourcing deals with other private contractors. The hospital and its private contractors must immediately stop advertising.

Read Full Article – http://www.businessinsider.com/chinas-google-is-being-ordered-to-change-its-results-ranking-2016-5

Study: There’s no scientific basis for laws regulating marijuana and driving

WASHINGTON (AP) — Six states that allow marijuana use legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation’s largest automobile club that calls for scrapping those laws.

The study commissioned by AAA’s safety foundation said it’s not possible to set a blood-test threshold for THC, the chemical in marijuana that makes people high, that can reliably determine impairment.

Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit, and not guilty if it’s lower.

As a result, drivers who are unsafe may be going free while others may be wrongly convicted, the foundation said.

The foundation recommends replacing the laws with ones that rely on specially trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC rather than a specific threshold. The officers are supposed to screen for dozens of indicators of drug use, from pupil dilation and tongue color to behavior.

The foundation’s recommendation to scrap the laws in Colorado, Montana, Nevada, Ohio, Pennsylvania and Washington comes as legislatures in several more states consider adopting similar laws.

At least three states, and possibly as many as eleven, will vote this fall on ballot measures to legalize marijuana for either recreational or medicinal use, or both. Several legislatures are also considering legalization bills.

“There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner we do alcohol,” said Marshall Doney, AAA’s president and CEO. “In the case of marijuana, this approach is flawed and not supported by scientific research.”

Determining whether someone is impaired by marijuana, as opposed to having simply used the drug at some time, is far more complex than the simple and reliable tests that have been developed for alcohol impairment.

There’s no science that shows drivers become impaired at a specific level of THC in the blood. A lot depends upon the individual. Drivers with relatively high levels of THC in their systems might not be impaired, especially if they are regular users, while others with relatively low levels may be unsafe behind the wheel.

Full Article – http://www.businessinsider.com/study-theres-no-scientific-basis-for-laws-regulating-marijuana-and-driving-2016-5

Personal Injury Lawyers Target Snapchat as Reason for Potential Car Crash Suits

POSTED 5:56 PM, APRIL 30, 2016, BY , UPDATED AT 05:54PM, APRIL 30, 2016

NEW YORK (CNNMoney) — Personal injury lawyers across the country have been asking people if they’ve been in a car accident that may have involved Snapchat.

Attorneys have set up websites to explain local laws on distracted driving, sent out press releases about Snapchat’s potential involvement in certain accidents, and written blog posts about the dangers of the app.

At issue are the app’s “speed filter” feature that tracks how fast someone is traveling while they take a selfie. Because Snapchat photos and videos disappear after viewing, they demand more concentration, one lawyer argues.

“If they are behind the wheel of a car and they want to view a Snapchat picture, 100% of their attention has been removed from the road,” California litigation attorney David Azizi writes on his blog.

Some lawyers make a more direct plea for potential clients.

“If you have been injured by a distracted driver, someone who was texting or playing with Snapchat or other social media apps call us today for a free consultation,” writes Steers and Associates, a California firm.

“Is Snapchat causing car accident deaths?” Wolff and Wolff Trial Lawyers in St. Louis ask on a dedicated page.

Earlier this week, Georgia resident Wentworth Maynard sued Snapchat and a young driver for a car crash that left him with serious brain injuries.

The suit alleges that the driver, a young woman, was using Snapchat while she was speeding at over 100 mph because she was using the speed filter feature.

While she was distracted, her car crashed into a Mitsubishi that Maynard was driving, according to the complaint. He suffered serious brain trauma as a result.

Jay Peavy, a general litigator from Atlanta, is co-consul with one of the Wentworth’s attorneys on another case.

He told CNNMoney on Friday that Clayton County, where the accident took place last year, is a blue collar area where most drivers only have the minimum insurance coverage of $25,000.

Peavy suspects that the woman being sued had the minimum liability insurance, which is probably not enough to cover the medical expenses that Wentworth is seeking.

“Any good plantiff’s lawyers [are] looking to see if they can get good deep pockets,” he said.

Snapchat is not commenting on the suit, but has issued this statement: “No Snap is more important than someone’s safety. We actively discourage our community from using the speed filter while driving, including by displaying a ‘Do NOT Snap and Drive’ warning message in the app itself.”

Snapchat isn’t the only app that’s been targeted by personal injury lawyers for new cases lately.

Steers & Associates, for example, also describe ways to deal with accidents involving Uber and Lyft.

Sourced From     – http://fox40.com/2016/04/30/personal-injury-lawyers-target-snapchat-as-reason-for-potential-car-crash-suits/

Trump University case will go to trial

  @CNNMoney April 26, 2016: 5:49 PM ET



The slug-fest between Donald Trump and New York Attorney General Eric Schneiderman over Trump University continues.

On Tuesday, a New York court ruled that Schneiderman’s $40 million civil suit alleging fraud against Trump University would still have to go to trial, even though Schneiderman had asked the court for a ruling based on the evidence already presented.

No date has been set for a trial. But according to a statement from Schneiderman, the judge “indicated her intention to move as expeditiously as possible.”

A spokesman for Schneiderman’s office said the trial could take place as early as this fall. If so, that timing could prove tricky for Trump should he be chosen as the GOP’s presidential nominee.

The Trump camp was happy with the court’s decision Tuesday.

“We are extremely pleased that the Supreme Court has yet again rejected the Attorney General’s attempt to avoid a trial.” said Alan Garten, an attorney for Trump.

Related: Trump University controversy … in 2 minutes

The denial of Schneiderman’s request for summary judgment came after a New York court rejected the arguments of Donald Trump’s lawyers that Schneiderman’s fraud case should be tossed out.

Trump University, launched in 2005, was a real estate seminar business that promised to teach students the mogul’s investing techniques to get rich on real estate. The business, which has effectively been defunct for several years, is currently facing three lawsuits filed by and on behalf of former students who claim it was a fraud.

Schneiderman’s suit, filed in 2013, accuses Trump University of deceptive business practices, alleging that its advertisements made false claims, including that Trump handpicked the instructors and that consumers who took the seminars would receive access to private sources of financing — i.e., “hard money lenders.”

“It was a classic bait-and-switch scheme,” Schneiderman told CNN.

–CNN’s Drew Griffin contributed to this report.

 CNNMoney (New York)First published April 26, 2016: 5:20 PM ET from http://money.cnn.com/2016/04/26/news/trump-university/

Merely doing business in Delaware not enough for lawsuit

, The News Journal 11:44 a.m. EDT April 21, 2016

High court overturns decision regarding whether Delaware has legal oversight over businesses registered in state

STORY HIGHLIGHTS

  • The Delaware Supreme Court has issued a ruling over a decades-old decision regarding jurisdiction.
  • It overturns a ruling that says corporations registered in Delaware are subject to state jurisdiction.
  • The ruling was 4-1 and involves an Atlanta auto-parts supplier.

An out-of-state company can no longer be sued in Delaware merely because it does business within the state, the Delaware Supreme Court has ruled.

Under a 1988 state Supreme Court ruling, a plaintiff could sue a company in Delaware for a personal injury or other tort claim that occurred in another state. That meant a large retail chain operating a store in Delaware or a company with an office in the state could be vulnerable to a Delaware lawsuit simply because it did business here.

However, in this week’s rare 4-1 split decision, the Supreme Court reversed that holding in Genuine Parts Co. v. Cepec. The opinion was authored by Delaware Supreme Court Chief Justice Leo E. Strine.

“This is a positive for companies not incorporated in Delaware, but do business in Delaware,” said Donald W. Durandetta, a professor of business at Wilmington University. “It is increased protection for doing business in Delaware.”

Plaintiffs Ralph and Sandra Cepec are Georgia residents who sued automobile equipment supplier Genuine Parts Co., the parent company of NAPA AutoParts. Genuine is a Georgia corporation headquartered in Atlanta and operates more than 60,000 retail stores throughout the nation, including about 15 in Delaware.

Ralph Cepec worked for Genuine Parts in a Jacksonville, Florida, warehouse between 1988 and 1991. He filed a personal injury lawsuit in Delaware saying he was exposed to asbestos during his employment, causing mesothelioma and other illnesses.

Last year, the Cepecs sued Genuine Parts in Delaware, despite that than 1 percent of its stores and employees are based in Delaware and less than 1 percent of its revenue comes from the state, according to the court’s opinion. Genuine Parts is registered to do business in Delaware, giving the state’s court system general jurisdiction over the company under Delaware law.

The case started in the Delaware Superior Court, which upheld the state’s jurisdiction over Genuine Parts, citing the state Supreme Court’s 1988 decision in Sternberg v. O’Neil. Genuine Parts appealed to the Supreme Court, which reversed the lower court. In the decision, the high court ruled plaintiffs can only file a lawsuit against a company in Delaware if the claim resulted from the defendant’s connection to the state. A plaintiff no longer pursue a claim in Delaware just because a company does business here.

Plaintiffs can still file lawsuits in Delaware against national corporations if the injury occurred in the state or there is some other connection.

Read Full Article – http://www.delawareonline.com/story/news/2016/04/20/merely-doing-business-delaware-not-enough-lawsuit/83293736/