Saturday, August 24, 2013

Employment Law Guide

This Guide describes the major statutes and regulations administered by
the U.S. Department of Labor (DOL) that affect businesses and workers.
Read more at http://www.dol.gov/compliance/guide/

Saturday, May 12, 2012

Immigration Marriage Fraud

The Marriage Fraud Amendments of 1986 (“IMFA”) were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the t estimony of Service representatives concerned with “marriage for hire” schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted.

Source: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html

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VOICE OF AMERICAN IMMIGRATION FRAUD VICTIMS is not a group that is anti-women or anti-immigrants. In fact, some of our members ARE immigrants and women that have taken on leadership roles within our group. Our purpose is not to get VAWA overturned. We are simply trying to bring national attention to how VAWA laws are used within the immigration system to deny an American spouse a fair opportunity to present a defense to the USCIS when an allegation of abuse is made by a foreign spouse, whether it be a man or a woman. We are actively lobbying members of the House and Senate to make changes to VAWA and the immigration system that will prevent foreign spouses from being rewarded with a green card when a false claim of abuse is made.

Read more at  http://www.immigrationfraudvictims.com/

* * *

Another concern leveled by Republicans is that the VAWA re-authorization contains no protections for citizens against marriage fraud. In most circumstances, an immigrant must rely on his or her citizen spouse to file for a visa. If abuse is alleged, under VAWA, the immigrant is able to apply for his own visa with a VAWA Self-Petition — opening up the possibility of fraudulent marriages and allegations of abuse once the would-be petitioner is in the country.

The Senate Judiciary Committee received 22 letters from spouses who claimed to be victims of that kind of fraud.

Read more: http://dailycaller.com/2012/03/17/the-problems-with-the-violence-against-women-act/#ixzz1udTnPDsO

Other resources:
  1. Hello, I Love You, Won’t You Tell Me Your Name: Inside the Green Card Marriage Phenomenon
  2. ImmigrationMarriageFraud.com: Immigration Marriage Fraud Law
  3. The Immigration Marriage Fraud Amendments: Sham Marriages Or Sham Legislation?

Sunday, May 6, 2012

Class action against Apple for location tracking moves forward

According to The Verge
Northern California District Judge Lucy Koh has ruled that Apple will face a lawsuit over last year's location tracking scandal. The case will now move forward to pretrial fact-finding, although Bloomberg reports that some of the claims in the case have been dismissed. Koh has now lifted the stay of discovery and ordered Apple to start turning over documents to the plaintiff's lawyers by May 17. The judge threatened Apple with sanctions if she learns of any obstruction or "game play" during the exchange of information

Sunday, August 28, 2011

Outsourced and fired, IT workers fight back

An interesting case to follow:
http://www.computerworld.com/s/article/9219197/Outsourced_and_fired_IT_workers_fight_back

Saturday, October 23, 2010

Former senior transport official gets life sentence

HCM CITY — Huynh Ngoc Sy, a former senior transportation official already serving time for "abuse of power", was sentenced to life in prison yesterday for accepting bribes from a Japanese contractor.
The HCM City People's Court also demanded that the defendant submits to State coffers the US$262,000 (equivalent to VND5.9 billion at yesterday's foreign exchange rate) that he is accused of receiving from Japanese firm Pacific Consultants International (PCI).
The court ordered a lien placed on two of his houses in the city in order to retrieve the money.
The panel of judges rejected both the arguments of Sy's lawyers on legal value of testimony in the case as well as their proposal for returning the case documents to concerned agencies for further investigations.
The panel felt there was strong evidence to show that Sy had done favours to PCI in order to receive bribes from the firm's officials.
PCI gave Sy 10 per cent of the design consultancy contract worth $900,000, and 11 per cent of the supervision consultancy contract, worth $1.7 million, the court said.
According to the documents tranferred by Japanese authorities to the Vietnamese Government, on May 28, 2003, the chief of the PCI Rep Office in Viet Nam, Sakano Tsuneo, and another Japanese man named Takasu Tunio came to Sy's office at 3 Nguyen Thi Dieu Street in District 3 and gave Sy $262,000 (equivalent to more than VND4 billion at that time).
The court said Sy's action had stained the image of Viet Nam in the global community and damaged the country's anti-corruption efforts.
His act had also caused serious consequences, affecting the Vietnamese Govern-ment's strategies on official development assistance (ODA) mobilisation, it said.
The court said receiving $262,000 was just one of six acts of bribery committed by Sy while he served as the director of the HCM City-based East-west Highway Project.
The court also proposed that the Ministry of Public Security's Investigation Agency and the People's Supreme Procurary conduct further investigation into Sy's other acts.
Sy, 57, had stood trial in March this year when he was sentenced to six years for "abusing power" while performing Government service.
Sy was defended by lawyers Phan Trung Hoai, Tran Van Tao and Pham Cong Ut at the trial which began last Friday. — VNS

Source: http://vietnamnews.vnagency.com.vn/Politics-Laws/Law-Justice/204826/Former-senior-transport-official-gets-life-sentence.html

Wednesday, August 4, 2010

Federal Judge Strikes Down Proposition 8

Today, a federal judge strikes down the California Proposition 8 in his 136 pages ruling because it's unconstitutional.

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Wow! A judge can invalidate the law enacted by million California voters. Let see how the higher courts ruling.

CNN: Ruling on Proposition 8 (PDF)

Sunday, May 16, 2010

Penetration Testing

Blaming the Good Samaritan
http://www.securityfocus.com/columnists/481
Presently, unauthorized access, even with good intent, is seen as an unlawful action. In the minds of law enforcement, unauthorized access is unauthorized access.


Waive Goodbye to Liability
http://www.thefreelibrary.com/Waive+Goodbye+to+Liability.-a069982804
Penetration testing of a computer network requires careful planning and limits on the scope of work.
...
But both the company and the consultants can open themselves to legal liability if something goes wrong. For example, if a client's data is compromised or a third-party system is broken into as a part of the test, that third party or client might bring action against the company or the consultant or both. Additionally, an unscrupulous member of a penetration test team might steal and resell corporate secrets.


thefreedictionary.com: Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986 intended to reduce "hacking" of computer systems. It was amended in 1994, 1996 and in 2001 by the USA PATRIOT Act.


18 U.S.C. § 1030. Fraud and related activity in connection with computers
http://www.law.cornell.edu/uscode/18/1030.html