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Court rejects Ghosn’s request to attend Nissan board meeting
Attorney Interview | 2019/03/08 12:42
A Japanese court has rejected a request by former Nissan chairman Carlos Ghosn, released on bail last week, to attend the Japanese automaker’s board meeting on Tuesday.

Nissan dismissed Ghosn as chairman after his Nov. 19 arrest, but he remains on the board. The Tokyo District Court said it rejected Ghosn’s request on Monday but did not elaborate on the reasons.

It had been unclear whether Ghosn could attend the board meeting. The court’s approval was needed based on restrictions imposed for his release on bail. The restrictions say he cannot tamper with evidence, and attending the board meeting could be seen as putting pressure on Nissan employees.

Prosecutors had been expected to argue against his attendance. They were not available for immediate comment.

Ghosn has been charged with falsifying financial reports in underreporting his compensation and breach of trust in making payments to a Saudi businessman and having Nissan shoulder investment losses.

He insists he is innocent, saying the compensation was never decided or paid, the payments were for legitimate services and Nissan never suffered the losses.

Since his release on March 6 from Tokyo Detention Center on 1 billion yen ($9 million) bail, he has been spotted taking walks in Tokyo with his family, but he has not made any comments.

His attempt to exercise what his lawyer, Junichiro Hironaka, called his “duty” by attending the board meeting signals one way he may be fighting back.

Hironaka has said Ghosn will speak to reporters soon. A date for a news conference has not been announced.


Dakota Access developer sues Greenpeace in state court
Attorney Interview | 2019/02/21 09:39
The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court.

Texas-based Energy Transfer Partners on Thursday sued Greenpeace and several activists it also had targeted in the federal lawsuit that U.S. District Judge Billy Roy Wilson dismissed on Feb. 14. Wilson said he found no evidence of a coordinated criminal enterprise that had worked to undermine ETP and its pipeline project.

ETP had made claims under the federal Racketeer Influenced and Corrupt Organizations Act and also under North Dakota laws. Wilson did not address the merits of the state claims.

ETP seeks "millions of dollars of damages" in the state lawsuit, which makes similar claims to its federal lawsuit — that Greenpeace and activists conspired to use illegal and violent means such as arson and harassment to disrupt pipeline construction and damage the company, all the while using the highly publicized and prolonged protest to enrich themselves through donations.

"Defendants thus advanced their extremist agenda ... through means far outside the bounds of democratic political action, protest, and peaceful, legally protected expression of dissent," company attorney Lawrence Bender wrote in the complaint.

Greenpeace on Friday had not yet been served with the lawsuit and declined to comment on its specifics. However, Greenpeace attorney Deepa Padmanabha said ETP "is clearly still trying to bully Greenpeace through the legal system."

"We are confident that this latest attempt to silence peaceful advocacy will receive the same fate as the last meritless attack," he said.

Groups and American Indian tribes who feared environmental harm from the pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016. ETP maintains the pipeline is safe. It began moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois in June 2017.


Congress to Probe Report that Trump Directed Lawyer to Lie
Attorney Interview | 2019/01/21 23:08
The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.

House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”

The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.

The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.



Lawyer: Incapacitated woman who gave birth not in coma
Attorney Interview | 2019/01/20 03:08
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.

The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.

Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.

A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.

News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.

“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.




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