Author: Brian Sanchez

European authorities are seeking new powers to allow police and intelligence agencies to directly obtain user data stored on the continent by US tech companies.

The move comes in the wake of an uptick in terrorist attacks, including several attacks in Britain and France, among others across the bloc. Tech companies have been asked to do more to help law enforcement, while police have long argued the process for gathering data overseas is slow and cumbersome.

The bloc’s justice commissioner, Vera Jourová, presented several plans to a meeting of justice ministers in Luxembourg on Thursday to speed up access for EU police forces to obtain evidence — including one proposal to allow police to obtain data “directly” from the cloud servers of US tech companies in urgent cases.

The news, first reported by Reuters, was confirmed by ZDNet.

“Commissioner Jourová presented at the Justice Council three legislative options to improve access to e-evidence,” said Christian Wiga, an EU spokesperson, in an email. “Based on the discussion between justice ministers, the Commission will now prepare a legislative proposal,” he added.

Discussions are thought to have included what kind of data could be made available, ranging from geolocation data to the contents of private messages.

Such powers would only be used in “emergency” situations, said Jourová, adding that safeguards would require police to ensure that each request is “necessary” and “proportionate.”

The proposals are understood to affect police access to data stored in datacenters in EU member states, such as Ireland, but specific details of the plans are not known.

A proposal is expected to be put forward by the end of the year.

It would mark a sharp reversal in long-standing policy by the Europeans, who have long praised the use of the so-called mutual legal assistance treaties — the formal process of asking a foreign government for citizen data to help with an active law enforcement investigation. A European country, for example, will have to make a formal request through another country’s justice ministry — which more often than not is the US, where many tech giants are located. However, not all nations have treaties with other states, and some treaties exclude potential evidence from tax-related matters, for example.

While US tech companies are obliged to respond to foreign police, their requests are often delayed by a slow and bureaucratic government process.

Tech giants sometimes break process by proactively responding in the midst of a crisis.

During the Charlie Hebdo terror attack in Paris in 2015, Microsoft turned over relevant data on the alleged attackers within an hour of an FBI request. Apple chief executive Tim Cook said this week that the iPhone maker had helped the UK government in the aftermath of the recent terror attacks.

But news of authorities gaining “direct” access to the servers of tech giants is reminiscent of the disclosure of the PRISM surveillance program by Edward Snowden in 2013.

Facebook, Google, and Microsoft were among those named as “partners” of the clandestine surveillance program, which allegedly gave the National Security Agency “direct access” to a total of nine tech firm’s servers — a claim that later largely unraveled.

Facebook declined to comment. When reached, Microsoft did not provide comment at the time of writing, and a Google spokesperson did not respond to a request for comment.

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NEW YORK, June 08, 2017 (GLOBE NEWSWIRE) — Pomerantz LLP announces that a class action lawsuit has been filed against TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NYSE:TXMD) and certain of its officers.   The class action, filed in United States District Court, Southern District of Florida, and docketed under 17-cv-80720, is on behalf of a class consisting of investors who purchased or otherwise acquired TherapeuticsMD securities, seeking to recover compensable damages caused by defendants’ violations of the Securities Exchange Act of 1934.

If you are a shareholder who purchased TherapeuticsMD securities between July 7, 2016 and May 7, 2017, both dates inclusive, you have until June 19, 2017 to ask the Court to appoint you as Lead Plaintiff for the class.  A copy of the Complaint can be obtained at www.pomerantzlaw.com.   To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, ext. 9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased. 

[Click here to join this class action]

TherapeuticsMD is a women’s health care company focused on creating and commercializing products targeted exclusively for women. The Company is focused on pursuing regulatory approvals and pre-commercialization activities necessary for the commercialization of its advanced hormone therapy pharmaceutical products.

One of TherapeuticsMD’s leading product candidates is TX-004HR. On July 7, 2016, the Company announced that it had filed its New Drug Application (“NDA”) for TX-004HR with the U.S. Food and Drug Administration. The NDA seeks approval of TX-004HR for the treatment of moderate-to-severe vaginal pain during sexual intercourse (dyspareunia), a symptom of vulvar and vaginal atrophy due to menopause.

The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company’s NDA submission for TX-004HR was deficient; (ii) the Company’s NDA submission for TX-004HR was not supported by the complete TX-004HR clinical program and/or the clinical program was deficient; (iii) as a result of the foregoing, TherapeuticsMD’s public statements were materially false and misleading at all relevant times.

On April 10, 2017, pre-market, the Company issued a press release (“April 2017 Press Release”) advising investors that “the Company received a letter from the FDA [regarding TX-004HR] stating that, as part of its ongoing review of the NDA, the FDA has identified deficiencies that preclude discussion of labeling and postmarketing requirements/commitments at this time.” 

On this news, TherapeuticsMD’s price share fell $1.50, or 19.48%, to close at $6.20 on April 10, 2017.

On May 8, 2017, TherapeuticsMD issued a press release announcing the FDA’s rejection of the NDA for TX-004HR.

On this news, TherapeuticsMD’s price share fell $0.49, or 10.49%, to close at $4.18 on May 8, 2017.

The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com

 

CONTACT:
Robert S. Willoughby
Pomerantz LLP
rswilloughby@pomlaw.com

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SINGAPORE — Homegrown transport and logistics firm Bok Seng Group signed an agreement with Myanmar’s Ayeyar Hinthar Group earlier this year to develop a one-stop logistics hub in the Pathein Industrial City — the region’s first large-scale industrial park.

Bok Seng is one of the growing number of Singapore businesses seeking to expand into the emerging market of Myanmar.

Yesterday, trade development agency International Enterprise (IE) Singapore inked an agreement with the Myanmar Investment Commission to strengthen economic relations between the two countries.

The signing was witnessed by Singapore Minister for Trade and Industry (Trade) Lim Hng Kiang and Myanmar’s Union Minister for Planning and Finance Kyaw Win, on the sidelines of the 6th Singapore-Myanmar Joint Ministerial Working Committee meeting.

As of end March 2017, Singapore was Myanmar’s top foreign investor, with investments amounting to US$4.3 billion (S$5.9 billion), said IE Singapore.

According to the Asian Development Bank, Myanmar’s gross domestic product grew at a rate of 6.4 per cent in 2016, and is forecast to reach 7.7 per cent this year.

With an eye to help more Singapore companies explore business opportunities in the emerging economy, Mr Tan Soon Kim, IE Singapore’s assistant CEO said that while “teething challenges are present”, the government of Myanmar has made a concerted effort “to create a conducive business environment for foreign investors”.

One positive sign is the newly-passed investment law, which “shows the government’s commitment to promote investments,” said Mr Tan.

As Myanmar’s key cities develop, IE Singapore has been working closely with Singapore companies across all sectors, in particular in the provision of urban solutions, transport and logistics, utilities and professional services.

For example, local food and beverage chain BreadTalk has negotiated its franchise model with Myanmar conglomerate Shwe Taung.

Its first stall in the country opened in Shwe Taung’s landmark Junction City mall, occupying a prime space on the ground floor.

In March, Surbana Jurong signed an agreement with Myanmar’s building industry representative, the Myanmar Construction Entrepreneurs Association, to develop low-cost and affordable housing.

Mr Lee Leong Seng, Surbana Jurong’s general manager, Myanmar, said: “We have 70 projects since we entered the market in 2013 and with Surbana Jurong’s expanded capabilities and strong partnerships forged, the team and I look forward to new opportunities in new and existing markets that will propel the Myanmar business to the next level.”

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RSL’s current representation Donnie Harris Law has applied for Roberts Nehmer McKee Lawyers to be removed as Suzanne Woods’ counsel, arguing the firm has a conflict of interest.

Ms Woods’ lawyers filed a statement of claim with the Townsville District Court in February stating she went to Lavarack’s Restaurant on December 2 to enter the $27,000 prize draw.

Ms Woods claims her name was drawn at 7pm but the club allegedly “failed to announce in the restaurant the name”, which was a “breach” of the draw conditions.

Lawyers for Townsville RSL have filed a defence, denying that any conditions were breached.

Townsville RSL general manager Karla Malouf has lodged an affidavit with the court, saying Roberts Nehmer McKee Lawyers was told in December that its retainer to act for the club had been terminated after 93 years.

“At the time of filing the statement of claim, Roberts Nehmer McKee Lawyers still held various safe custody documents, archived and current, filed on behalf of the defendant,” she wrote.

Emails between the law firm and Donnie Harris Law were included with the affidavit. On March 3, Donnie Harris wrote to the firm, requesting it cease acting for Ms Woods.

“We are instructed that it was your firm that drafted the terms and conditions of the game which are relevant in the proceedings currently commenced by the plaintiff,” he wrote.

Roberts Nehmer McKee Lawyers managing partner Philip Askin replied to the email on March 6, saying there was no conflict of interest. He wrote that his firm had initially written to Townsville RSL on December 16 and had received correspondence from Donnie Harris Law several times in December and February.

“Throughout the entire course of this correspondence and the pleadings to date, your client has not raised any allegation of conflict of interest,” he wrote.

“To raise this now calls into question the bona fides of your client in doing so.”

Donnie Harris filed an affidavit with the court on May 30, saying he had written to Roberts Nehmer McKee Lawyers partner Malcolm Fisher to request an affidavit that outlined the chain of custody of the 73 files relating to Townsville RSL.

He wrote that Mr Fisher replied the request was “unreasonable”.

The matter has been adjourned for hearing on a date to be set.

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The White House and U.S. intelligence chiefs Wednesday backed making permanent a law that allows for the collection of digital communications of foreigners overseas, escalating a fight in Congress over privacy and security.

The law, enshrined in Section 702 of the Foreign Intelligence Surveillance Act, is due to expire on December 31 unless Congress votes to reauthorize it, but is considered vital by U.S. intelligence agencies.

Privacy advocates have criticized the law though for allowing the incidental collection of data belonging to millions of Americans without a search warrant.

The push to make the law permanent may lead to a contentious debate over renewal of Section 702 in Congress, where lawmakers in both parties are deeply divided over whether to adopt transparency and oversight reforms.

“We cannot allow adversaries abroad to cloak themselves in the legal protections we extend to Americans,” White House Homeland Security Adviser Tom Bossert wrote in an editorial published in the New York Times newspaper on Wednesday.

U.S. Director of National Intelligence Dan Coats, speaking on behalf of other intelligence agency leaders, also told the Senate Intelligence Committee panel on Wednesday that the statute should be made permanent, saying it was necessary to keep the United States safe from national security threats.

NSA Director Rogers added that the law had been vital to preventing terrorism in allied countries as well.

Fourteen Republican senators, including every Republican member of the Senate intelligence panel, introduced a bill on Tuesday that would make part of Section 702 permanent.

The statute, which grants the National Security Agency a considerable freedom in the collection of foreigners’ digital communications, normally comes with a “sunset” clause, meaning that roughly every five years lawmakers need to reconsider its impact on privacy and civil liberties.

‘SPY ON AMERICANS’

Intelligence Director Coats said it was not feasible for the NSA to provide an estimate of the number of Americans whose communications are ensnared incidentally under Section 702.

Coats and other officials had previously told Congress they would attempt to share an estimate publicly before the statute expires. A frustrated Democratic Senator Ron Wyden, who has asked for such an estimate for several years, said Coats “went back on a pledge.”

Privacy advocates criticized the push to make Section 702 permanent, arguing that regular reviews of the law were necessary to conduct appropriate oversight and prevent potential abuses.

“After months of criticizing the government for allegedly spying on his presidential campaign, President Trump is now hypocritically endorsing a bill that would make permanent the NSA authority that is used to spy on Americans without a warrant,” said Neema Singh Guliani, legislative counsel with the American Civil Liberties Union.

Disclosures by former NSA contractor Edward Snowden in 2013 revealed the sweeping nature of 702 surveillance, prompting outrage internationally and embarrassing some U.S. technology firms shown to be involved in a program known as Prism.

Last week, Facebook (FB.O), Amazon (AMZN.O), Alphabet Inc’s Google (GOOGL.O) sent a letter to Congress urging lawmakers to adopt several reforms to the law, including codifying the recent termination of a type of NSA surveillance that collected Americans’ communications with someone living overseas that merely mentioned a foreign intelligence target.

Making the law permanent without changes would preclude codifying that change.

Reuters reported in March that the Trump administration supported renewal of Section 702 without any changes, citing an unnamed White House official, but it was not clear at the time whether it wanted the law made permanent.

(This version of the story corrects paragraph 14 to add dropped words “embarrassing some U.S. technology firms involved in”)

(Reporting by Dustin Volz; Editing by Alden Bentley and Paul Simao)

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Financial firms are still willing to pay a lot of rent for offices at trophy properties, according to the New York Post.

According to a new report by brokerage JLL, 25 properties top $100 per square foot, with three of the buildings asking $200 per square foot for higher floors and penthouse space. Among the top 25 properties are Tishman Speyer’s 520 Madison Ave., Blackstone’s Park Avenue Tower at 65 E. 55th St. and Solow’s 9 W. 57th St. Demand for these buildings from hedge funds and other firms is so high that the average asking rent is $144 per square foot, up 4% from $138 per square foot in September.

New buildings at Hudson Yards have also helped to boost rents. Law firm McKool Smith signed a lease for more than $100 per square foot at Brookfield’s upcoming 1 Manhattan West, while law firm Cooley signed up for space at Related’s 55 Hudson Yards for a similar price.

More real estate news

Firms relocate to high floors in 1 World Trade Center (New York Post)

In an era of MTA dysfunction, councilman suggests returning subways to city control (Politico New York)

Live above Donald Trump Jr. for $4 million (New York Post)

The biggest price cuts on luxury pads last week (The Real Deal)

Vince Camuto signs 43,000-square-foot office lease at 1407 Broadway (The Real Deal)

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What do: genetically modified organism labels, endangered species, water rights and drones have in common? They are all part of the changing face of agriculture that covered by agricultural laws.

Texas A&M AgriLife Extension, Denton County will be hosting a free Agricultural Law meeting starting promptly at 6:30 pm, June 15 at Ben E. Keith, 2801 I-35, Denton.

Tiffany Dowell Lashmet, assistant professor and extension specialist, specializing in agricultural law with Texas A&M AgriLife Extension, will be speaking on various hot topics in agriculture such as water rights, fencing law, Waters of the United States (WOTUS), federal regulations, drones. There will be time for your questions.

Contact Robin Hill at 940-349-2894 to preregister and put your name in for the meal.

Tiffany has co-authored such publications as the Five Strands: A Landowner’s Guide to Fence Law in Texas, Ranchers’ Agricultural Leasing Handbook: Grazing, Hunting & Livestock Leases and Big Data and Drones on the Farm.  

Tiffany also publishes Texas Agriculture Law Blog. Her blog (located at agrilife.org/texasaglaw) was named as one of the top 100 legal blogs in the nation three years in a row by the American Bar Association (ABA) Journal.

Her blog’s popularity is due to the outstanding job she does explaining complex legal issues and their effects on agriculture.

As I was visiting with Tiffany the other day, she said, “It’s important to do your homework and understand your legal rights and obligations. You might be able to avoid getting into a situation where you need a lawyer.” However, if you find yourself in need of a lawyer, here are some ideas to consider:

* Lawyers should not be seen as the last resort in an emergency. Lawyers can help people avoid trouble, not just get them out of it!  In addition to providing legal advice, lawyers can assist you finding additional resources for your operation, assist with locating public relations firms, and help ensure you have good accountants and consultants.

* In the past few years, agricultural operations have been diversifying in order to stay profitable. Farmers and ranchers are exploring alternative income strategies like corn mazes, hunting leases, etc.  Each of these have different legal issues that can affect your operation. Since no operation is exactly alike, there is no one-size-fits all approach for agricultural law issues – each lease, business plan, estate plan, etc., must be adapted to fit your operation.

* The day of the “verbal agreement” is over. It is critical that farm leases be in writing and detailed. Many of the people that own the land don’t farm or ranch.  If we’re not detailed and careful, we may find ourselves in court over a legal issue that should have been covered.

* We also have more and more organizations who wish to dictate how farmers and ranchers manage their operations. While the changes these groups want may “appear” to be sound, their changes may not be grounded in science and be best management practices. These organizations may take an opposing viewpoint and enact laws that affect farmers and ranchers. After all, farming and ranching families comprise just two percent of the population.

* Another thing to remember is that just like agricultural consultants, lawyers specialize in agricultural related topics. I wouldn’t expect an attorney that helps me with a dispute with the complex water law case to be able to assist with my estate plan. Make sure that you choose the lawyer you are going to add to your team wisely.

Educational programs of the Texas A&M AgriLife Extension Service are open to all people without regard to race, color, religion, sex, national origin, age, disability, genetic information or veteran status.

The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating. Persons with disabilities needing accommodations for effective participation in the meeting should contact Denton County AgriLife Extension office at least a week in advance of the meeting to request mobility, visual, hearing or other assistance.

David Annis is the Denton County Extension Agent – Agriculture & Natural Resources

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