Saturday, July 14, 2012

Colorado says dentist put thousands at HIV risk from reused syringes

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Source: http://news.yahoo.com/colorado-says-dentist-put-thousands-hiv-risk-reused-024758980.html

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Virgin Galactic Announces New Satellite Launch Vehicle

An anonymous reader writes "Virgin Galactic has announced a new craft called LauncherOne, which it will use to put satellites into orbit. 'It appears to leverage some of the hardware already developed for SpaceShipTwo, Virgin's suborbital tourist vehicle. Like SpaceShipTwo, the new rocket rides up underneath Virgin's big carrier aircraft, WhiteKnightTwo, to about 50,000 feet. After release, the rocket drops for approximately four seconds before the first stage ignites. After the first stage burns out, a second stage takes the satellite to orbit.' Launching from a moving airplane eliminates many cost and scheduling concerns inherent to ground-based launches, and it's much easier to reach a broad range of trajectories for putting objects into orbit. According to the press release, LauncherOne will get objects up to 225kg into orbit for less than $10 million."

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/RtqBa51ND-U/virgin-galactic-announces-new-satellite-launch-vehicle

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Need for federal oversight of horse racing debated ? WIS | All About ...

Day at the Races: July 14New York Daily NewsDr. Larry Bramlage, the American Association of Equine Practitioners on-call veterinarian for Triple Crown races and the chief orthopedic surgeon at Rood and Riddle Equine Hospital in Lexington, Ky., released...

Source: http://newaah.allabouthorses.com/need-for-federal-oversight-of-horse-racing-debated-wis/

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Trademark a Business | Register a Trademark | Trademark Litigation

?Everyday there are several trademark litigation cases being filed in the US and in almost every other country. When there are more than seven billion people on earth and a little less than a billion trademarks, trademark litigation is possibly the most common lawsuit that plagues the business world. Trademark cases are not always indicative of a certain fault that is intentional on the part of the alleged defendant but it is just that the law stipulates that a business trademark is a proprietary stuff that cannot be used by any other party without the necessary clearances from the owner of the business trademark.

Trademark registration is the only way to be absolutely safe and immune from trademark lawsuits. Now, trademark registration can be done in a very simple way. While registering a business and acquiring the necessary license, every company gets a registered name that is not in use by any other enterprise in the country. That secures the business name and if that name is your business trademark then you ought to register them with the United States Patent and Trademark Office. Once you have done the trademark registration then the usage of your business name and all associated trademarks would always be immune to trademark infringement.

In many cases, the business name is not always the business trademark and there may be some signs, symbols, logos, designs, taglines, phrases and even website domains. In such cases, one has to go about trademark registration for all these contents. Since the trademark law ascertains ownership of a trademark on the person or business that uses a phrase, name or content for the first time, it is always better to go for trademark registration as soon as one can.

Trademark law can be a tricky area and a business should always seek instant legal counseling on such issues. Honda was surprised in 2010 by ?Save The Earth? foundation because in one of the commercial advertisements used by the auto maker, a guy was sporting a T Shirt that said ?Save The Earth?. The foundation hit back with a trademark litigation attorney citing that this was a trademark infringement and indicated that the foundation was endorsing Honda and their products. While small and medium businesses may not have to worry about the outreach that Honda has, hence possibly drawing greater attention, yet trademark lawsuits can crop up from the most unlikely sources.

Source: http://www.fizzlaw.com/article/trademarking-a-business-name

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Sunday, July 1, 2012

Syrians brand world talks on crisis a failure

The opposition and state media on Sunday both branded an international plan for a transition in strife-torn Syria a failure, as the death toll for a weekend of violence topped 140.

World powers meeting in Geneva on Saturday agreed that the transition plan could include current regime members, but the West did not see any role for President Bashar al-Assad in a new unity government.

Russia and China insisted that Syrians themselves must decide how the transition takes place, rather than allow others to dictate their fate.

Moscow and Beijing, which have twice blocked UN Security Council resolutions on Syria, signed up to the final agreement that did not make any explicit call for Assad to cede power.

Official Syrian media and the opposition Local Coordination Committees (LCC) group demonstrated rare agreement in slamming the outcome.

The meeting "failed," trumpeted Al-Baath, newspaper of the ruling party of the same name.

Syria "The agreement of the task force on Syria in Geneva on Saturday resembles an enlarged meeting of the UN Security Council where the positions of participants remained the same," it said.

The LCC, which organises protests on the ground in Syria, said the outcome showed once again a failure to adopt a common position.

It called the transition accord "just one version, different in form only, of the demands of Russian leaders allied to the Assad regime and who cover it militarily and politically in the face of international pressure."

Burhan Ghalioun, a senior member and former head of the opposition Syrian National Council, told pan-Arab television Al-Arabiya that "this is the worst international statement yet to emerge from talks on Syria."

According to the SNC's official Facebook page, he described the plan as a "farce."

Ghalioun called a "mockery" the notion that Syrians should negotiate with "their executioner, who has not stopped killing, torturing... and raping women for 16 months."

SNC spokeswoman Basma Qadmani, however, told AFP in Ankara there were some "positive elements" in the deal, although "important elements remain too ambiguous... and the plan is too vague to foresee real and immediate action."

"The first one is that the final declaration says that the participants agree to say that the Assad family cannot rule the country any more, and therefore the Assad family cannot lead the transition period."

"The second positive element is the agreement that the transition should comply with the legitimate aspirations of Syrian people.

"For us this means that Assad should go because Syrian people have already said that they want Assad to go."

Iran, a strong ally of Assad, said the Geneva meeting was "unsuccessful" because Damascus and Tehran were not invited.

The United States and European nations reportedly opposed the presence of Iran, although UN-Arab League envoy Kofi Annan and UN chief Ban Ki-moon had wanted Tehran to attend.

Opposition groups are to hold a two-day meeting in Cairo from Monday and are also expected to hold talks on Tuesday with Arab ministers in a bid to agree on a shared platform, Egyptian media and the Arab League said.

The Geneva deal came despite initial pessimism over the talks amid deep divisions between the West and China and Russia on how to end the violence that the Observatory says has killed more than 15,800 since March 2011.

Syria's neighbour Turkey, which attended the Geneva talks, scrambled fighter jets after Syrian helicopters flew close to its border, the army said on Sunday, hiking tensions following last month's downing of a Turkish plane.

Six F-16 warplanes took off from airbases in south Turkey on Saturday after Syrian helicopters flew closer to the border than is normal, the army said, specifying there had been three incidents but no violation of Turkish airspace.

In weekend violence, more than 140 people were killed across Syria, including 120 on Saturday, the Syrian Observatory for Human Rights said. On Sunday, at least 21 people were killed, including five in the central province of Hama, according to the Britain-based watchdog.

Annan said on Saturday it was up to the Syrians to decide who they wanted in a unity government. But he added: "I would doubt that Syrians... would select people with blood on their hands to lead them."

The United States and France both said it was clear there was no future role for Assad.

British Foreign Secretary William Hague admitted the deal was a "compromise agreement" as Russia played up the fact that it had convinced other world powers that it would be "unacceptable" to exclude any party from the transition.

Moscow is loath to cast aside its ally Assad, even as relations between them have cooled.

Russian Foreign Minister Sergei Lavrov said: "How exactly the work on a transition to a new stage is conducted will be decided by the Syrians themselves.

"There are no demands to exclude from this process any one group. This aspect had been present in many of our partners' proposals. We have convinced them that this is unacceptable."

Source: http://news.yahoo.com/syrians-brand-world-talks-crisis-failure-093208520.html

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Islamist Morsi is sworn in as Egypt's president

In this image made from Egyptian State Television, Egyptian President Mohammed Morsi makes remarks after he was sworn in at the Supreme Consitutional Court in Cairo, Egypt, Saturday, June 30, 2012. Islamist Mohammed Morsi has been sworn in before Egypt's highest court as the country's first freely elected president, succeeding Hosni Mubarak who was ousted 16 months ago. (AP Photo/Egyptian State TV)

In this image made from Egyptian State Television, Egyptian President Mohammed Morsi makes remarks after he was sworn in at the Supreme Consitutional Court in Cairo, Egypt, Saturday, June 30, 2012. Islamist Mohammed Morsi has been sworn in before Egypt's highest court as the country's first freely elected president, succeeding Hosni Mubarak who was ousted 16 months ago. (AP Photo/Egyptian State TV)

In this image made from Egyptian State Television, judges from Egypt's Supreme constitutional court applaud Mohammed Morsi, center, after he was sworn in as President in Cairo, Egypt, Saturday, June 30, 2012. Islamist Mohammed Morsi has been sworn in before Egypt's highest court as the country's first freely elected president, succeeding Hosni Mubarak who was ousted 16 months ago.(AP Photo/Egyptian State TV)

Egypt's President-elect Mohammed Morsi talks to his supporters at Tahrir Square, the focal point of Egyptian uprising, in Cairo, Egypt, Friday, June 29, 2012. In front of tens of thousands of cheering supporters, Egypt's first Islamist and civilian president-elect vowed Saturday that nobody can take away his authority and symbolically read an oath of office on the eve of his official inauguration. (AP Photo/Amr Nabil)

Egyptians wave to Egypt's President-elect, Mohammed Morsi, upon his arrival to give a speech at Tahrir Square in Cairo, Egypt, Friday, June 29, 2012. In front of tens of thousands of cheering supporters, Egypt's first Islamist and civilian president-elect vowed that nobody can take away his authority and symbolically read an oath of office on the eve of his official inauguration. (AP Photo/Khalil Hamra)

Egypt's President-elect Mohammed Morsi waves to supporters before giving a speech at Tahrir Square in Cairo, Egypt, Friday, June 29, 2012. In front of tens of thousands of cheering supporters, Egypt's first Islamist and civilian president-elect vowed that nobody can take away his authority and symbolically read an oath of office on the eve of his official inauguration. (AP Photo/Khalil Hamra)

(AP) ? Islamist Mohammed Morsi promised a "new Egypt" and unwavering support to the powerful military as he took the oath of office Saturday to become the country's first freely elected president, succeeding Hosni Mubarak who was ousted 16 months ago.

In a solemn inauguration ceremony before the Supreme Constitutional Court, Morsi also became the Arab world's first freely elected Islamist president and Egypt's fifth head of state since the overthrow of the monarchy some 60 years ago.

"We aspire to a better tomorrow, a new Egypt and a second republic," Morsi said before the black-robed judges in the court's Nile-side headquarters built to resemble an ancient Egyptian temple.

"Today, the Egyptian people laid the foundation of a new life ? absolute freedom, a genuine democracy and stability," said Morsi, a 60-year-old U.S.-trained engineer from the Muslim Brotherhood, a fundamentalist group that has spent most of the 84 years since its inception as an outlawed organization harshly targeted by successive governments.

He later delivered his inauguration address at a gigantic Cairo University lecture hall packed with several thousands, including many members of the Islamist-dominated parliament dissolved by the military earlier in June.

Morsi repeated his oath of office and lavishly praised the military, which has rushed a series of decrees this month that stripped Morsi of significant powers, gave it legislative power and took control of the process of drafting a permanent constitution. It has also retained its influence on key domestic and foreign policy issues.

"The armed forces are the shield and sword of the nation," he said. "I pledge before God that I will safeguard that institution, soldiers and commanders, raise its prestige and support it with all the powers available to me so it can be stronger."

But Morsi also appeared later in the address to urge the military to hand over all powers to his elected administration.

"The (ruling) Supreme Council of the Armed Forces has honored its promise not to be a substitute for the popular will and the elected institutions will now return to carry out their duties as the glorious Egyptian army returns to being devoted to its mission of defending the nation's borders and security," he said.

Military ruler Field Marshal Hussein Tantawi was in attendance along with other generals from the ruling council. His arrival at the hall was greeted by chants of "the army and the people are one hand." He and Gen. Sami Anan, the powerful chief of staff, wore a blank face throughout Morsi's address, occasionally offering support to Morsi with a polite clap of their hands.

Later at a military ceremony held at a base east of Cairo, Tantawi and Anan saluted Morsi as he arrived and awarded him the "shield of the Armed Forces" ? the Egyptian military's highest honor. Morsi also received a 21-gun salute before he and Tantawi addressed the ceremony.

Morsi used his Cairo University address to send an implicit message of reassurance to Israel, while also pledging support for the "legitimate rights" of the Palestinians.

He said his administration would continue to honor its international treaties ? a thinly veiled reference to the 1979 Egyptian-Israeli peace treaty.

Relations between the two neighbors have become particularly tense since last year's overthrow of Mubarak, who had forged close ties with the Jewish state during his 29-year rule. The rise to power of Egyptian Islamists has been a source of alarm among many Israelis.

Hundreds of soldiers and policemen guarded the Supreme Constitutional Court building as Morsi arrived shortly after 11 a.m. local time (0900 GMT) in a small motorcade to take the oath of office. Only several hundred supporters gathered outside the court to cheer the new president and, in a departure from the presidential pomp of the Mubarak era, traffic was only briefly halted to allow Morsi's motorcade through on the usually busy road linking the city center with its southern suburbs.

In another sign of the change of style, Morsi began his address at Cairo University with an apology to students whose final exams had to be postponed to allow the ceremony to be held at the main campus. He was given an official welcome at the university with a military band playing the national anthem as he stood at attention.

Saturday's swearing-in also marked a personal triumph for Morsi, who was not the Brotherhood's first choice as president and was only thrown into the race when the group's original candidate, chief strategist and financier Khairat el-Shater, was disqualified over a Mubarak-era criminal conviction.

Derided as the Brotherhood's uncharismatic "spare tire," his personal prestige has surged since his victory, and received another boost Friday after he delivered a speech in Tahrir Square in which he tried to present him as a candidate of not just Islamists but of all those who want to complete the work of the 2011 uprising against the authoritarian Mubarak.

"Egypt today is a civil, national, constitutional and modern state," Morsi, wearing a blue business suit and a red tie, told the judges in the wood-paneled chamber where he took the oath of office. "It is a strong nation because of its people and the beliefs of its sons and its institutions."

Morsi took a symbolic oath Friday in Tahrir Square, the birthplace of the uprising that ended Mubarak's authoritarian rule last year, and vowed to reclaim presidential powers stripped from his office by the military council that took over from the ousted leader.

Morsi's speech Friday in Tahrir Square was filled with dramatic populist gestures. The 60-year-old president-elect staked a claim to the legacy of the uprising and voiced his determination to win back the powers stripped from his office by the generals.

Addressing a crowd that repeatedly shouted, "We love you Morsi!" he began his speech by joining them in chanting, "Revolutionaries and free, we will continue the journey." Later he opened his jacket wide to show that he was not wearing a bullet-proof vest.

"Everybody is hearing me now. The government ... the military and the police. ... No power above this power," he told the crowd. "I reaffirm to you I will not give up any of the president's authorities. I can't afford to do this. I don't have that right."

But by agreeing to take the official oath before the court, rather than before parliament as is customary, he bowed to the military's will in an indication that the contest for power will continue.

The generals dissolved the Islamist-packed legislature after the same Supreme Constitutional Court that swore him in Saturday ruled that a third of its members were elected illegally.

The military has also declared itself the legislative power. It gave itself control over the drafting of a new constitution, sidelining Morsi's Muslim Brotherhood, which had sought to influence the process by packing the drafting panel with Islamists.

The generals also created a National Security Council to formulate key domestic and foreign policies. Military officers outnumber civilians sitting on the council by about two-to-one, and decisions are made by a simple majority.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-06-30-Egypt/id-28d3d416956844bca2bfccdd22a9cab0

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Analysis: Stockton, California new paradigm for struggling cities

NEW YORK (Reuters) - Stockton, California, the largest city in the United States to ever file for bankruptcy, could create a new template for struggling cities and potentially lift the stigma that scars municipalities if they seek court protection from creditors.

If Stockton, which filed for Chapter 9 municipal bankruptcy on June 28, can reach consensus with its creditors and craft a plan to exit bankruptcy quickly others may follow suit, legal experts said.

"Successful cases breed more filings," said Andrew Glenn, a bankruptcy partner in New York at Kasowitz Benson Torres & Friedman. "Municipalities watch these cases closely around the country, and once the template is set up, if other towns have these problems, they're going to follow the template."

Other cities and counties have gone bankrupt because of a bad investment or ill-conceived public works project, like the sewer system that sank Jefferson County, Alabama, into $3.14 billion of debt.

But Stockton may be a new breed of failing city, swamped by routine costs, pension payments, a payroll for city employees, a years-long economic slide and depressed housing tax receipts - the same issues that currently face many other cities still struggling to recover from the cavernous U.S. recession.

"Stockton is a precursor of something very different" from Jefferson County, Glenn said. "That's what makes it sort of a game-changing type of a case."

It will be the first case to test California's mandated mediation process. State lawmakers changed the rules after the city of Vallejo went bankrupt in 2008 and then slogged through a three-year bankruptcy battle that racked up at least $10 million in attorneys' fees.

Now, unless they declare a fiscal emergency, California municipalities must participate in mediation before they are allowed to file for bankruptcy.

Each state has different requirements for cities and towns that want to file for Chapter 9 bankruptcy.

Some use budget commissions, receivers and other measures to try to help resuscitate cities before allowing them to go bankrupt as a last resort. Nearly half of U.S. states don't allow municipal bankruptcies at all.

James Spiotto, a partner at Chapman and Cutler in Chicago, said California is the only state that requires mediation prior to a Chapter 9 filing. A similar proposal failed to pass the Illinois legislature this session, he said.

He also noted in a recent national survey of Chapter 9 state provisions that California labor unions supported the mediation law as "a reaction to the difficulties they experienced in the city of Vallejo Chapter 9 bankruptcy proceeding."

'A HUGE LEG UP'

Though the mediation process didn't stave off the bankruptcy for Stockton, lawyers said it forced the city and creditors to talk to each other ahead of time and put the city in a better position going into court - and could result in a quicker exit from the case.

"Stockton is incredibly well-prepared for a bankruptcy filing and very forthcoming in terms of disclosing to creditors and the public," said Karol Denniston, a bankruptcy partner at Schiff Hardin in San Francisco.

A third of Stockton's creditors reached agreements with the city during mediation, giving the city "a huge leg up, because at least they're not filing bankruptcy like Vallejo did, fighting with everybody," she said.

That result will also allow the city to show a bankruptcy judge it has tried in good faith to negotiate with creditors and is truly insolvent - requirements a California city must normally meet for a bankruptcy filing to be ruled valid.

One big step Stockton is not expected to take is to attempt to dodge its pension obligations to city employees.

If it did, the city would have to confront the powerful California Public Employees' Retirement System (Calpers), which handles pension plans for many California cities and counties.

Calpers and unions around the country have made it clear they see a pension as an iron-clad right, one that's legally protected even in a bankruptcy.

Whether pensions are contract rights, which can be changed, or property rights, which are protected under the U.S. Constitution, has never been tested in court.

That's largely because of the time, money and emotional effort it would take for a municipality to fight deep-pocketed and politically connected pension systems to full resolution at an appellate level, experts said.

"Calpers is going to push back hammer and tong," said Kenneth Klee, a professor at the University of California at Los Angeles Law School.

Public employees pensions weren't challenged by Vallejo, which used the same attorneys Stockton has hired.

BANKRUPTCY A LAST RESORT

Even so, bankruptcy is no easy road for municipalities. Business leaders in Jefferson County, which last year filed the biggest-ever U.S. municipal bankruptcy, at $4.23 billion have said the bankruptcy has deterred industrial investment.

Stockton, as a case everyone's watching, could also be a deterrent to some other cities.

"The threat of bankruptcy is quite a lever, particularly if people believe it's a realistic threat," said Mark Kalla, a partner at Barnes & Thornburg in Minneapolis. "It may make other cities' negotiations more successful, more fruitful."

The possibility that Providence, Rhode Island could run out of money and eventually have to file for bankruptcy prompted labor unions, retirees and city officials to come to the table and reach a tentative deal in May on pension and healthcare benefit reforms.

Firefighters, police officers and city workers could have faced more layoffs, and retirees could have seen steep cuts in benefits, if the city went under.

Retirees have approved the agreement, and if union members sign off the deal is expected to save the city up to $18.5 million a year and help avert insolvency.

Cities may also be drawn to negotiate because they need good credit ratings to borrow money at affordable rates - ratings that are harmed by defaults on loans and bankruptcy filings.

Both Standard & Poor's Rating Services and Moody's Investors Service cut Stockton's credit ratings in the days leading up to its bankruptcy filing.

"This is a case the whole country is watching," Denniston said. "It is a case where we're all looking to see if we can create a better way to do this."

(Reporting by Hilary Russ; Additional reporting by Jim Christie in San Francisco;, Editing by Tiziana Barghini; and Todd Eastham)

Source: http://news.yahoo.com/analysis-stockton-california-paradigm-struggling-cities-120352747.html

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