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Community Health makes all-cash bid for Tenet
Topics in Legal News | 2011/04/19 08:44

Hospital operator Community Health Systems Inc. on Monday revised its $3 billion offer for rival Tenet Healthcare Corp. to an all-cash bid.

Community Health is now offering $6 per share in cash. In December, it had gone public with a bid of $5 per share in cash and $1 per share in stock. At the time, the offer was a premium of about 40 percent to the Dallas company's shares.

But Tenet's board rejected that offer, and adopted a "poison pill" measure to fend off the bid.

Tenet's shares have recently been trading above $6.

But the company said Monday it will review the revised offer and make a recommendation. It said shareholders should take no action for now.

Tenet shares fell 26 cents, or 3.9 percent, to $6.40 in afternoon trading while Community Health shares dropped $1.74, or 5.5 percent, to $30.16 after falling as much as 14.3 percent earlier in the session.

Community Health Systems runs 130 hospitals in 29 states, and focuses on fast-growing and non-urban markets. Tenet runs 50 hospitals spread across 11 states, and most of its facilities are in urban and suburban communities.



Court hears arguments in Microsoft patent case
Legal Business | 2011/04/19 08:43
The Supreme Court on Monday heard arguments from Microsoft Corp. asking it to overturn a $290 million patent infringement judgment against the world's largest software maker, a ruling that could have a profound effect on how corporations protect and profit from their future inventions.

An eight-justice court on Monday heard arguments from the Redmond, Washington-based Microsoft, which wants the multimillion dollar judgment against it erased because it claims a judge used the wrong standard.

Business groups are closely watching this case. The U.S. government made more than $64 billion off of international licensing and royalties from patents in 2009, with an expected growth rate of 15 percent a year. A ruling for Microsoft could make companies less likely to invest in new inventions, but a ruling for i4i, the company which brought the lawsuit against Microsoft, could make it harder for large corporations to fight off such challenges.

The cost of fighting off a patent lawsuit could be as much as $4 million per defendant, companies say.



Court hears arguments in new global warming case
Legal Business | 2011/04/19 05:42
The Obama administration and leading power companies are going before the Supreme Court in an effort to block a global warming lawsuit aimed at forcing cuts in greenhouse gas emissions.

The justices are hearing arguments Tuesday in the court's second climate change case in four years. A half-dozen states, New York City and three land trusts sued four private utilities and the Tennessee Valley Authority over emissions of carbon dioxide from plants in 20 states. The lawsuit says carbon dioxide, which is produced when coal, gasoline and other fossil fuels burn, is one of the chief causes of global warming.

The administration and the companies say federal courts should not set environmental policy. The administration says the Environmental Protection Agency is developing regulations that would accomplish what the states are seeking.



Media ask court to unseal gay marriage trial tapes
Court News | 2011/04/19 03:42
Media organizations are joining lawyers for two-same-sex couples in urging a federal appeals court to release videotapes of a lower court trial on California's gay marriage ban.

The 13 organizations, which include The Associated Press, argued in a motion filed Monday with the 9th U.S. Court of Appeals that the videos are court records that the First Amendment requires to be open to the public.

Sponsors of voter-approved Proposition 8 asked the 9th Circuit last week to keep the tapes sealed and to order the trial's presiding judge to return his personal copies.

The move came after now-retired Judge Vaughn Walker, who declared Proposition 8 unconstitutional, used a brief segment of the video in several public talks.


International judge rules against lawyers' wigs
Topics in Legal News | 2011/04/18 08:44
International judge rules against lawyers' wigs

THE HAGUE, Netherlands (AP) — Hair today, gone tomorrow.

A judge has asked lawyers to shed their wigs next time they appear before her at the International Criminal Court.

A handful of attorneys appeared Monday in traditional black gowns and white horsehair wigs for a preliminary hearing in a case dealing with violence after Kenya's disputed 2007 presidential election.

Justice Ekaterina Trendafilova paused briefly at the end of the hearing to pass a hair-raising judgment.

"This is not the dress code of this institution," she said.

"In this quite warm weather maybe it will be more convenient to be without wigs," she added with a smile.

It is unusual for lawyers to appear at the International Criminal Court in wigs, but not unheard of. At least three lawyers wore wigs during the initial appearance of three Kenyan suspects on April 8, without Justice Trendafilova issuing any dress code guidelines.

Steven Kay, one of the lawyers wearing a wig Monday, said the court's registry gave him the option of wearing Dutch lawyer's garb or the English version of wig and gown.



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