Case of the Day: Harvardsky Prumyslovy Holding v. Kozeny

The case of the day is Harvardsky Prumyslovy Holding A.S. v. Kozeny (N.Y. App. Div. 2014). In the 1990s, when Czech state-owned enterprises were being privatized, citizens were given vouchers to purchase shares in some of the firms. The vouchers could also be assigned to investment privatization funds, which would invest them on the citizen-assignor’s behalf. Viktor Kozeny was criminally prosecuted in the Municipal Court of Prague for engaging in a scheme in which he solicited investment in funds, including Harvardsky Prumyslovy Holding, and then “looted the [funds], diverting the funds of many Czech investors to a series of shell companies in Cyprus.” Kozeny, at the time of the prosecution, was in the Bahamas, and the government there refused to extradite him. He was therefore prosecuted in absentia, found guilty of fraud, and sentenced to imprisonment for ten years and restitution in the amount of approximately $410 million to the fund and its shareholders. The amount was, according to the judgment, “compensation for damage to the victim” under Section 228(1) of the Czech Code of Criminal Procedure.
(more…)

Continue ReadingCase of the Day: Harvardsky Prumyslovy Holding v. Kozeny

Case of the Day: BBK Tobacco & Foods v. Juicy eJuice

The case of the day is BBK Tobacco & Foods LLP v. Juicy eJuice (D. Ariz. 2014). The plaintiff, which sold the liquid used to create vapor in electronic cigarettes, owned registered trademarks including JUICY JAYS and JUICY DROPS. It sued 1673030 Alberta, Inc., which, it alleged, sold electronic “smoking devices” and the liquids under the mark JUICY ESTICK, for trademark infringement.
(more…)

Continue ReadingCase of the Day: BBK Tobacco & Foods v. Juicy eJuice

Congratulations, Montreal!

I had a bet with fellow law blogger Karim Renno of Irving Mitchell Kalichman, better known to the internet as the author of the excellent À Bon Droit. The bet was: if the Boston Bruins won their best-of-seven playoff series with the Montreal Canadiens, then Karim would write a guest post for Letters Blogatory and would send along a photo of himself eating a bowl of chowder. If, on the other hand, the Canadiens bested the Bruins, then I would write a guest post for him and send a picture of myself eating a nice helping of poutine.
(more…)

Continue ReadingCongratulations, Montreal!

Belfast Project: Pass the Popcorn

The Independent is reporting that Richard O’Rawe, one of the former IRA paramilitaries who was interviewed as part of the Belfast Project and whose interview was produced to the PSNI under the subpoenas, is suing Boston College in the High Court in Belfast. An alert reader brought to story to my attention and wondered what I thought about it.
(more…)

Continue ReadingBelfast Project: Pass the Popcorn

Case of the Day: Bruton v. Texas

The case of the day is Bruton v. Texas (Tex. Ct. Crim. App. 2014). The defendant, Peter Cain Bruton, was found guilty of aggravated sexual assault of a child and sentenced to imprisonment for life. At his sentencing, the prosecution had sought to introduce documents purporting to be public records from England showing that Bruton had been previously convicted of crimes in the Crown Court in Norwich, an INTERPOL record purporting to show that he had previously convicted of crimes in the UK, and a letter from a Data Protection Disclosure Unit Officer of the Norfolk Constabulary to the Denton County (Texas) District Attorney’s Office purporting to show that he had previously been convicted twelve times for indecent assaults on a young girl or girls.
(more…)

Continue ReadingCase of the Day: Bruton v. Texas

Belfast Project: Boston College Returns The Remaining Tapes

Boston College has said that it will return the Belfast Project interview tapes to any interviewee who requests them, and that it will not keep copies of the tapes or transcripts that it returns. This is highly sensible. No doubt BC regrets its involvement in the whole affair and will be happy finally to wash its hands of it.
(more…)

Continue ReadingBelfast Project: Boston College Returns The Remaining Tapes