OTTAWA - The Competition Bureau announced today that SEC Carbon, Ltd. of Japan has pleaded guilty to participating in a conspiracy in the graphite electrodes market. The company has been fined $250,000 by the Federal Court of Canada.

Graphite electrodes are an essential component in the steel production process. Between 1992 and 1997 the world's major graphite electrode manufacturers, including SEC, agreed to fix prices and volumes sold in various markets, and to divide world markets. SEC supported this international conspiracy in Canada by not selling graphite electrodes to Canada during this period.

"This international price-fixing and market allocation conspiracy resulted in artificially high prices for graphite electrodes in our country to the detriment of the Canadian consumer and the Canadian economy," said Denyse MacKenzie, Senior Deputy Commissioner of Competition. "SEC's conviction for the crime of conspiracy demonstrates the resolve of the Competition Bureau to pursue foreign companies that participate in illegal agreements that harm the Canadian marketplace."

SEC is the eighth party to be convicted in Canada for participating in the graphite electrodes cartel as a result of an investigation by the Competition Bureau. Nippon Carbon Co., Ltd., UCAR Inc., SGL Carbon Aktiengesellschaft, Tokai Carbon Co., Ltd., Mitsubishi Corporation and two former UCAR International Inc. executives, Robert P. Krass and Robert J. Hart, were previously fined a total of nearly $25 million for their roles in this international conspiracy. SEC's conviction wraps up the Bureau's investigation.

The Competition Bureau is an independent law enforcement agency. We contribute to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

CUPERTINO, California— Apple announced that Daniel Cooperman, senior vice president, general counsel and secretary at Oracle Corporation, will join Apple as the company’s senior vice president, general counsel and secretary, reporting to Apple CEO Steve Jobs. Cooperman will begin at Apple on November 1. “Dan will be an excellent addition to our team and will fit right into Apple’s fast paced culture,” said Steve Jobs, Apple’s CEO. “Dan is a seasoned professional with extensive experience in securities compliance, intellectual property, litigation and corporate governance."

Apple also announced that Donald J. Rosenberg, who has served as Apple’s senior vice president, general counsel and secretary, is leaving the company.

“We thank Don for his contributions to Apple during the past ten months, and wish him well in his future endeavors,” said Steve Jobs, Apple’s CEO.

At Oracle, Cooperman has been responsible for Oracle's legal department, including worldwide legal policies, corporate governance, securities compliance, mergers and acquisitions, commercial licensing, intellectual property, employment law, litigation, patent law and legal support for Oracle's various business units. Cooperman currently serves as chairman of the Board of Directors of the Software & Information Industry Association, the largest trade association in the software industry. He is a member of the American Bar Association's Committee of Corporate General Counsel and is on the Advisory Council for the Law, Science and Technology Program at Stanford Law School.

Prior to joining Oracle, he was a partner with the San Francisco-based law firm of McCutchen, Doyle, Brown & Enersen (now known as Bingham McCutchen), and served as chair of the firm’s 65-lawyer Business & Transactions Group and managing partner of the San Jose office.

Cooperman graduated summa cum laude with highest distinction in economics from Dartmouth College in 1972, then attended Stanford University's Graduate School of Business and School of Law, receiving both his M.B.A. and J.D. from Stanford in 1976.

Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the mobile phone market this year with its revolutionary iPhone.

For its Future Law Office project, Robert Half Legal commissions surveys of lawyers, interviews leading experts and conducts research to assess how law offices might operate in the future. The results are available at www.futurelawoffice.com.

"Because of the current scale and remarkable pace of globalization, law offices are operating in a world that has been transformed into a single vast marketplace of ideas, capital, talent, opportunities and challenges," said Charles Volkert, executive director of Robert Half Legal. "This requires both nimbleness and a breadth of professional and cultural experience."

Global Talent Shortage

Within the next five years, many of the baby boomer generation will be eligible to retire and the pool of skilled legal candidates will continue to contract. The resulting global talent shortage is an issue that all law offices are contending with, Volkert noted. "To staff adequately, law offices must expand beyond their traditional recruitment efforts to attract and retain candidates," he said. "This may include online recruiting initiatives, building closer relationships with law schools and alumni networks, and greater investment in professional development."

Law Offices 'Going Global'

Volkert said law firms with clients doing business across borders must cultivate an international perspective regarding every aspect of their practice -- from recruiting staff and handling multijurisdictional issues to strategically expanding their operations. "Law offices have responded to the globalization of their clients' businesses in numerous ways," he said. "Some law firms are opening locations abroad or teaming with foreign firms on specific cases or matters as necessary. This type of cross-border collaboration can give even sole practitioners a global reach."

Transnational legal activity has created operational challenges for law offices. Chief among these is the difficulty of managing geographically dispersed, multilingual teams whose members work in different time zones and jurisdictions. Sixty-two per cent of lawyers surveyed by Robert Half Legal said e-mail is the most effective method of maintaining communication with colleagues in remote locations, followed by telephone or conference calls (16 per cent), and in-person meetings (7 per cent). To connect these teams and facilitate knowledge management, law offices are utilizing technology -- such as systems of converged voice, video and data applications -- to enhance communication and share information.

New Strategies for Managing Outside Counsel Internationally

Overseeing the activities of outside law firms on a global scale is now one of the most complex aspects of corporate counsel's duties. When asked if work with outside counsel has increased or decreased, 45 per cent of in-house lawyers surveyed by Robert Half Legal said they have increased work with law firms in the last 12 months.

"The most successful law firms are taking a comprehensive approach to working with outside counsel," said Volkert. "Many legal departments, for example, are leveraging their company's worldwide volume of legal work to negotiate fees, which allows them to choose legal providers that can best service their needs on an international level, while keeping legal spending under control."

Guelph - Veterans who are 65 and older who have served in the Canadian Forces, Merchant Navy, or with one of Canada’s allies are now eligible for free parking at City parking facilities.

Council’s approval of free parking for veterans coincides with Legion Week in Ontario, a week of recognition to honour the province’s war veterans.

“This is one small way we can thank our veterans for their service to our country,” said Mayor Karen Farbridge.

Staff’s recommendation to approve free parking for veterans comes after having surveyed several municipalities, many of which also offered free parking for veterans.

The Royal Canadian Legion has long been an important part of the community in Ontario. In Guelph, the 11th Field Regiment is an operational field artillery unit housed at the Guelph Armoury. Through the sponsorship of various community programs, Guelph veterans have promoted community involvement through individual and group effort.

“Waterloo is a wonderful community and it is made rich by all of its residents. We want to ensure that we are sending the message that inappropriate behaviour - by any one at any time - isn’t acceptable,” said Waterloo Mayor Brenda Halloran who accompanied Waterloo Regional Police Services officers on a ride along this past weekend. “It was clear that the percentage of people who are causing disturbances is relatively small, but it can be very disruptive for residents who are subjected to it, and especially for those who are subjected to it on a regular basis. What we’re asking is quite simple – respect your neighbours.”

Throughout the month of September, City of Waterloo By-law and Waterloo Regional Police Service officers have been patrolling throughout the City with a concentrated focus on areas that have historically received a higher number of complaints.

“We are taking this approach because we hope that the likelihood of being charged will help reduce the number of incidents. We want people to think twice before they act inappropriately,” said Mary George, Acting Manager, By-law Enforcement.

City By-law enforcement officers have been working in cooperation with the Waterloo Regional Police Service to help address public order. Said Division 3 Superintendent Dave Mazurek, “This approach includes an emphasis on prevention through education, ongoing dialogue with residents, and strict enforcement in concert with our community partners. Residents can expect that our officers will continue to actively investigate complaints and concerns about any behaviour or activities that negatively impact the high quality of life we enjoy in the city of Waterloo.”

When officers respond to noise, nuisance or other complaints, they are taking a strict enforcement approach to all calls. If residents are found to be in violation of City by-laws, they will receive a ticket for the offence. Residents who are violating the noise by-law, for example, will receive a $300.00 ticket.

Residents who would like to make a noise, nuisance or parking complaint are asked to contact Waterloo Regional Police at 519-653-7700 and ask for the Communications Centre.

MONTREAL - A U.S. federal judge has ruled. And those who have had any doubt can be reassured that FieldTurf patents are as solid as the company behind them.

FieldTurf Tarkett and its US$2.8 billion parent company behind the FieldTurf brand, were pleased by the U.S. Federal Court's validation of FieldTurf's position regarding the interpretation of its layered patent claims.

FieldTurf is the world's largest and most trusted brand of artificial turf, installed in over 2,000 stadiums, universities, city parks and schools around the world. A key factor of FieldTurf's incredible success is its layered infill system. The result of many years of research and testing, it replicates the bio-mechanical properties of good natural grass.

The FieldTurf System starts with washed silica sand along with cryogenically frozen and shattered recycled rubber granules. These specially sized materials are layered into a carpet of artificial grass fibers, creating a lush and durable turf system that requires no water, no pesticides, no herbicides and very little maintenance.

"With over 35 unique patents, we are constantly forced to litigate against competitors who claim they have the same turf as FieldTurf," said Troy Squires, FieldTurf Tarkett Vice President of Sales. "Obviously, to have the same turf as us would require that someone infringe one or more of our patents. With the federal court's ruling we will now more aggressively pursue those who attempt to copy our intellectual property."

In this case, a competitor challenged the wording of FieldTurf's layered system patent claims, suggesting that an infill could be installed uniformly (not in unique layers as is done by FieldTurf installers) and not infringe one of the FieldTurf patents, even if it "innocently" ended up in a layered form.

The judge disagreed. Details on the ruling can be found at http://www.fieldturf.com/patentruling/

"Our competitors should be congratulated for their efforts in trying to circumvent our patents," said David Moszkowski, FieldTurf Tarkett CEO. "However, their time may be better spent developing more unique products to compete with FieldTurf. Our R&D team spent many years doing just that."

FieldTurf Tarkett is the largest entity in the sports surfacing industry and provides unparalleled leasing capabilities, engineering and manufacturing resources. In addition to its world-renowned FieldTurf and Prestige brands of artificial turf, FieldTurf Tarkett provides an equally impressive range of products that includes synthetic and hardwood basketball, volleyball and gymnasium flooring, squash and racquetball courts, floor protection and covering systems, and weight room flooring. Also in the range of FieldTurf Tarkett products are indoor and outdoor running tracks including the high performance "Le Monde" track system, playground surfacing, and a complete range of tennis and golf surfaces. For more information, please visit www.fieldturftarkett.com

Huge Costs, Burdens Imposed by European Scheme

Washington, D.C. —U.S. Senators Joe Lieberman and John Warner are poised to introduce legislation to impose on Americans a costly, harmful European-style cap-and-trade scheme aimed at reducing carbon emissions.

“Senators Lieberman and Warner should stop listening to companies that hope to profit from higher energy prices under a cap-and-trade scheme,” said Myron Ebell, Director of Global Warming and Energy Policy for the Competitive Enterprise Institute.

“Instead, the senators should learn from the European Union’s disastrous experience with its emissions trading system – that a cap-and-trade scheme can be very expensive and still not lower emissions,” said Ebell.

“In Europe, energy prices have skyrocketed as billions annually in windfall profits are transferred from consumers to politically connected corporations,” added Christopher Horner , CEI Senior Fellow. “It’s imposed a spectacular cost to their economy from lost competitiveness, jobs lost and exported, and investment sent elsewhere.”

The European cap-and-trade permit auction system, in effect since 2005, has resulted in an “administrative nightmare” and imposed huge, unintended costs on businesses and the loss of some jobs, reports Open Europe, a UK think tank. Hospitals and universities, for example have spent millions buying up permits. Ironically, Open Europe points out, large oil companies have made substantial profits from the scheme.

In an analysis of the European model, the U.S. Congressional Budget Office found that “most of the cost of the cap would ultimately be borne by consumers,” not energy companies.

Cap And Trade: A System Made For Fraudsters
by Iain Murray

May 1, 2007

Ever since Enron decided that carbon trading would "do more to promote Enron's business than almost any other regulatory initiative," informed observers have been wary of the idea.

Yet the idea of creating a new commodity by capping emissions of greenhouse gases and issuing tradable permits to produce the emissions has gained ground as hysteria over effects of global warming has grown.

Now, two separate investigations have demonstrated why carbon caps and trading are bad ideas, and why they were so attractive to Enron.

In the first, the Congressional Budget Office analyzed the effects of cap and trade on American households. In the European version of the scheme that has been in operation since 2005, the permits are given away to firms. Some businesses are very much in favor of this, because it gives them an opportunity to reap windfall profits, as has happened in Europe.

As the CBO found, "Because most of the cost of the cap would ultimately be borne by consumers, giving away nearly all of the allowances to affected energy producers would mean that the value of the allowances they received would far exceed the cost that they bear." So while energy companies benefit, the consumer suffers higher costs.

If the allowances are sold, individual companies benefit less, as they have to pay for the allowances in the first place. But even if there is some compensation in the form of a reduction in payroll or corporate taxes, most of the population still suffers reduction in household income.

Fraud Revealed

The poorest fifth of the population suffers worst, losing about 3% of its take-home household income. The richest fifth, on the other hand, increase its take-home pay. Only if there is some carbon welfare bureaucracy to administer rebate payments do lower-income families benefit, but that almost triples the cost to the economy as a whole.

All of this, moreover, is the effect of a very modest cut in emissions in the year 2010, certainly not enough to have any impact on warming temperatures. Some sectors of the economy would likely be hit extremely hard — like the 80,000 people who depend on coal mining for their living.

If that weren't enough to suggest that cap and trade would be a bad idea even if it worked as advertised, the Financial Times has now revealed that where it is being tried it is inefficient, fraudulent or both.

The newspaper's investigations have revealed "widespread failings in the new markets for greenhouse gases, suggesting some organizations are paying for emissions reductions that do not take place. Others are making big profits from carbon trading for very small expenditure and in some cases for clean-ups they would have made anyway."

A particularly galling example relates to chemical giant DuPont, which invites people to pay $4 per ton to reduce emissions from a Kentucky plant, yet the equipment that reduces the gases is actually relatively cheap.

More Emissions?

My organization's investigations earlier in the year revealed DuPont's preferred strategy would realize a return in investment of around 900% for its emissions reductions so far. Yet this isn't new money — it's the consumer and taxpayer that are filling DuPont's pockets for very little in return.

This is one of the reasons why economists such as Ross McKitrick of the University of Guelph in Canada refer to cap and trade schemes as creating a "carbon cartel." Friends of the Earth agrees, calling DuPont's actions "greenwash."

Even worse, though, is the potential for fraud. The Financial Times found there is a risk that people might buy carbon credits for carbon reduction that does not exist.

Another significant risk relates to companies selling the same credits several times over. Large companies such as BP have found it difficult to find enough projects that passed its quality control standards. Individuals and smaller companies are much more vulnerable to the fraudsters and charlatans.

There's even a chance that trading will increase emissions. The Sunday Times of London recently revealed that an Indian factory had made more than $600 million from selling emissions credits after investing just $3 million in new equipment that eliminates emissions. With that profit windfall, it will be building a new factory that will emit a refrigerator gas called HFC-143a, which is over 1,300 times more potent than carbon dioxide as a warming agent. As perverse incentives go, that one's a doozy.

Carbon trading is excellent for the fraudster, good for the robber baron, ineffective for the environment, bad for the economy as a whole and disastrous for the poor. No wonder Enron liked it.

The Court of Quebec at the Palais de Justice in Montreal rendered the sentence, following an investigation by the Competition Bureau under the deceptive telemarketing provisions of the Competition Act. The scam operated from boiler rooms in Toronto, Montreal, and St. John's, Newfoundland and Labrador.

As part of the scam, not-for-profit organizations, businesses and government agencies in Canada, the United States and the United Kingdom were contacted by telemarketers who claimed to be their regular supplier of office supplies or business directories and were calling to renew previous orders from the victims. The scam was based on creating the false and misleading impression that a previous business relationship existed between the telemarketing operation and its victims. Businesses would then receive overpriced office supplies or virtually useless business directories that they would not have ordered were it not for the false and misleading representations.

"Everyone is a potential target of deceptive telemarketing," said Raymond Pierce, Deputy Commissioner, Competition Bureau. "Individuals engaged in deceptive telemarketing are warned that the Bureau will continue to combat this criminal activity through rigorous investigation and prosecution of those involved."

The following individuals and corporations have already plead guilty and were sentenced: Justin Pold, 39, Montreal; Randolph Misiurak, 41, Montreal; Stephane Ouellet, 42, Montreal; Charles McCulloch, 39, Toronto; Francois Lefort, 38, Montreal; 153595 Canada Inc.; 162013 Canada Inc.; 162014 Canada Inc.; 174440 Canada Inc.; M.M. International Business Directories Ltd.; and 3350550 Canada Inc.

The Competition Bureau is an independent law enforcement agency that promotes and maintains fair competition so that all Canadians can benefit from competitive prices, product choice and quality service. It oversees the application of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act.