Archives 2019

Tuesday, January 27, 2009

Martin Garbus, Esq. filed a shareholder derivative suit Monday against Marvel Entertainment and its Chief Executive Officer Isaac Perlmutter, as well as Stan Lee, the creator of Marvel superhero characters, and Lee’s wife and former Marvel Studios head, Avi Arad. The suit is for more than US$750 million (£528M) — about half of the estimated proceeds from Marvel’s movies.

Plaintiff Stan Lee Media (SLM) has four shareholders who live in Florida, California and Canada, and include Jose Abadin and Nelson Thall. The company is suing for recovery of civil damages representing one-half of film and book earnings from such blockbuster films as Spider-Man, Iron Man, X-Men, Hulk, and Fantastic Four franchises.

Defendants are accused of copyright violations over both the Marvel superhero characters and intellectual properties created by Stan Lee. Spider-Man’s three cinematic outings, starring Tobey Maguire, earned more than $1bn (£702m). “Most of Marvel’s financial success, including from the films, comes out of assets created by Stan Lee that are the subject of this suit,” the complaint states.

Lee, 86, has denied the allegations and has previously filed his own $50 million counter lawsuit against SLM, claiming the company has destroyed his name and reputation and prevented his effort to develop such properties as “The Accuser” and “The Drifter” and others via his first-look deals with Disney and Virgin Comics. Lee also co-created Daredevil, Doctor Strange and Thor.

Former dot-com company STM further alleges that it has agreed to pay Lee a $250,000 annual salary plus $100 million in company stock in exchange for the rights to the superhero characters. “That money should have gone to the corporation,” said Garbus. Lee’s counsel, Mark Williams, replied: “We look forward to a positive resolution for Stan Lee and his family.” Marvel has said the court pleadings, which were filed in U.S. District Court in Manhattan, are filled with “ridiculous claims”.

SLM ran out of operating capital during the dot-com meltdown in December 2000, closing operations entirely by December 19 of that year. The company was placed into Chapter 11 Reorganization in Bankruptcy by Stan Lee in 2001. During the insolvency proceedings, Lee assigned the major character franchises he had created to his new public company, POW! Entertainment, without the bankruptcy court’s approval.

Two multi-billion dollar lawsuits for damages were filed against Lee, his new company, his new partner Arthur Lieberman and Marvel Entertainment for cybersquatting and failure to disclose the existence and value of the Rights Assignment Lee made to the company when he founded it.

The company remained under bankruptcy protection until the US Trustee for the Central District of California moved to dismiss the bankruptcy proceedings for failure of the company as debtor in possession to comply with basic requirements of filing monthly reports and paying quarterly fees to the Trustee. SLM was taken back by the shareholders after its dismissal from bankruptcy and hired a legal and accounting forensic consultant to review all transactions that occurred during bankruptcy.

By November 2006, all of the officers and directors of the company had resigned or abandoned their positions and the company’s lawyers for the debtors in possession attempted to obtain court authorization to destroy or dispose of the company’s books and records. This initiated a long-running legal battle between shareholders and the company’s founder, Lee.

The plaintiffs in this most recent suit contend that Lee, Perlmutter, Arthur Lieberman and Avi Arad conspired in bad faith to conceal and misappropriate financial interests in Lee’s creations assigned to Stan Lee Media in 1998. SLM’s meltdown involved its former President Peter F. Paul fleeing to Brazil, contributions made to Bill and Hillary Clinton, Paul’s extradition and more. In 2007, SLM filed a $5 billion lawsuit in which it claimed co-ownership of all of Stan Lee’s creations for Marvel.

Friday, May 6, 2005

The first ever feature-length film to be shot in Yemen will be screened, but will not compete for prizes, at this year’s international Cannes Film Festival. The 90-minute romantic drama by British-Yemeni film director, Bader Ben Hirsi, is titled A New Day in Old Sanaa’a.

“For the most people viewing this film, it will be the first time they ever see images of Yemen. The results will be a very positive message” which offers a “true and honest” portrait of life in Yemen, said a spokesman from the Yemeni Media Center in 2003, when the film was in the planning stage. The film will depict aspects that are “completely different from the negative image that most of the world has” of the Middle-Eastern Arab nation, said the spokesman.

Sana’a, where the capital of Yemen has been relocated since 1962, is known for its Muslim university and many mosques, as a center of Islamic culture. It was noted in medieval times as a beautiful and hospitable city, and was described by the 10th century Persian traveler Ahmad ibn Rustah as follows: “It is the city of Yemen — there not being found in the highland or the Tihama or the Hijaz a city greater, more populous or more prosperous, of more noble origin or more delicious food than it… with fine dwellings.”

The leading actor is Nabil Saber of Old Sana’a, and his co-star is the actress and make-up artist Julia Towns of London. The pair found real-life romance and exchanged wedding vows last year in London, after bowing to tradition and obtaining agreement from both their families.

The film, co-produced by the Yemen Media Center and Felix Films of London, is not yet 100% complete due to funding shortfall. There is planned to be a low-key showing to introduce the film at the Marché du Film (Film Market) portion of the Cannes Festival, but it is not eligible to compete for the Palme d’Or (Golden Palm) due to its unfinished status. The official premiere is to be held this summer, with widespread promotion and showing in universities and art centers around the world.

Ben Hirsi commented on his film, “A New Day in Old Sana’a could be categorized as a romantic drama, showing a very real conflict between modern values and old, [but] is respectful of the strong morals of Yemen’s Islamic society. It does not contain such cinematic norms as profanity, graphic violence or sexually explicit content… As is true in modern-day Sana’a, however, traditional practices and concepts are tackled and confronted — topics such as love, caste, Yemeni marriage customs and the wearing of the veil are addressed in detail, and the inner turmoil that results from changing social values in a modernizing society forms a central theme of the story.”

Friday, December 19, 2008

Camera company Polaroid has filed for Chapter 11 bankruptcy protection in the United States. The firm, famed for the introduction of instant photography, says alleged fraud by the founder of their parent group is to blame.

Owned since 2005 by Petters Group Worldwide, Polaroid says that the group’s founder Tom Petters is “under investigation for alleged acts of fraud that have compromised the financial condition of Polaroid.” Authorities believe Petter, currently in police custody, was running fraud worth £3 billion, something he denies.

Petters Group, itself, filed for bankruptcy in October. Both firms now face restructuring, which Polaroid is confident won’t affect daily operations — in fact, the company is “planning for new product launches in 2009,” and claims to have “entered bankruptcy with ample cash reserves sufficient to finance the company’s reorganization under Chapter 11.”

Polaroid has further said that employees will be paid without interruption, and that while members of Petters Group are under investigation for fraud, Polaroid’s management is not. The company, based in Minnesota, also has subsidiaries which will enter bankruptcy with it.

Saturday, December 3, 2016

Peng Chang-kuei, a Chinese-born chef credited with creating the internationally popular dish General Tso’s chicken, was yesterday announced to have died by his son.

Chuck Peng told The Associated Press his father died of pneumonia in Taipei, Taiwan on Wednesday. The chef fled China to Taiwan in 1949 and invented the dish shortly thereafter. In the 1970s Peng opened a New York restaurant, which he claimed was a regular haunt of Henry Kissinger. Peng credited Kissinger with the dish’s popularity.

Peng conceived the famed dish, which is unknown in China, as unfried. Garlic and soy sauce provided flavour, as did chillies. Today the chicken is served across the US as fried chicken in a sweet, sticky sauce. The chillies remain, with broccoli also appearing. Peng named it after Zuo Zongtang from his native Hunan Province; Zongtang assisted in suppressing the 19th-century Taiping Rebellion.

Peng said the meal was invented for a US admiral visiting Taiwan. Over three days, Peng was contracted to produce several banquets, with not one repeated dish. After exhausting traditional chicken dishes Peng said he created what became General Tso’s chicken as an experiment.

In later years he ran Peng’s, a chain of Taiwanese restaurants. General Tso’s chicken also remained popular across the US. His son claimed he remained working in the kitchen until a few months before his death, at 97. In a documentary two years ago, shown photos of General Tso’s chicken served in the US in modern times, he remarked “This is all crazy nonsense.”

Running away from his farming family in Changsha, Peng trained under Cao Jingchen. He fled communist rule that followed the 1930s Japanese invasion. He fathered seven children, six of whom remain alive, from three marriages. Chuck Peng described his father as “very good to other people, [but] very hard on his family.” Peng Jr. spoke of a “very demanding” man who “thought other people’s cooking was no good.”

Two years ago the Taipei City Government awarded Peng an Outstanding Citizen award. Peng, then 95 and unstable, collected the award in person and delivered a speech in Mandarin Chinese.

Sunday, March 29, 2009

A New Jersey congressman says restrictions on federal stimulus money are hurting gaming destinations like Atlantic City, and he is seeking to repeal a provision banning the use of funds for casinos or other gaming establishments.

“The demonization of gaming destinations such as Las Vegas and Atlantic City for business travel is wrong, wrong, wrong,” U.S. Rep Frank LoBiondo said Friday during a press conference in front of Boardwalk Hall in Atlantic City.

The $787 billion federal stimulus bill passed in February specifically prohibits casinos from applying for funds for infrastructure improvements and other similar projects. LoBiondo said Atlantic City is losing millions of dollars in business as a result of that provision.

Casinos’ revenues dropped 19.2 percent in February 2009 month compared to February 2008, according to the New Jersey Casino Control Commission. LoBiondo said $160 million worth of business and 120,000 visitors have chosen other cities for their tourism plans due to the stimulus bill, according to Atlantic City Convention Center figures.

The administration also recently determined other groups like nonprofit organizations and local governments may not spend their stimulus money at casino properties. State officials said the rules are damaging a major pillar of the New Jersey economy.

“Are those jobs somehow less important or less meaningful than those in the manufacturing, retail or financial industries?” said Ken Calemmo, chairman-elect of the Greater Atlantic City Chamber.

Anti-gambling officials said the stimulus law does not prohibit casinos from taking advantage of tax breaks, and Atlantic City officials should not complain about the stimulus bill because the city is too reliant on an unreliable revenue stream.

“There isn’t a state, including New Jersey or Nevada, that could gamble themselves rich, any more than an individual could gamble themselves rich,” said Tom Grey, field director for StopPredatoryGambling.org. “They should’ve diversified (the economy) instead of chasing their loss.”

But Joe Kelly, chamber president, said 35,000 people work at New Jersey casinos, and thousands more around the state work for outside vendors that depend on casinos for their business.

“It is not just an Atlantic County issue. It is not just a Cape May issue,” Kelly said. “There’s purchasing done by every county.”

LoBiondo is working to repeal the provision with U.S. Rep Shelly Berkley, co-chair of the Congressional Gaming Cascus, and has reached out to Senate Majority Leader Harry Reid, who has a history of representing the interests of the gaming industry.

Wednesday, December 7, 2005

The United States Secretary of State Condoleezza Rice has begun to address concerns raised by the EU, the Council of Europe, and several member countries about the CIA’s detention practices upon her arrival in Germany for a European tour that began Tuesday.

“As a matter of US policy, the United States’ obligations under the U.N. Convention Against Torture, which prohibits, of course, cruel and inhumane and degrading treatment, those obligations extend to US personnel wherever they are, whether they are in the United States or outside the United States,” said Rice, speaking from the Ukrainian capital of Kiev on Wednesday.

Media reports and Human Rights groups have alleged that the CIA transported renditioned prisoners through European countries, which could violate European laws and the sovereignty of countries involved. Secretary Rice claimed that the United States has respected the sovereignty of other countries, and that it has not transported detainees from one country to another for the purpose of interrogation using torture, and has not transported anyone to a country when we believe he will be tortured.

“We consider the captured members of Al-Qaeda and its affiliates to be unlawful combatants who may be held, in accordance with the law of war, to keep them from killing innocents. We must treat them in accordance with our laws, which reflect the values of the American people. We must question them to gather potentially significant, life-saving, intelligence. We must bring terrorists to justice wherever possible,” Rice told reporters before she left from Andrews Air Force base on Monday.

Rice said that European nations should realize that interrogations of terrorist suspects have produced information that has saved European lives. However, Secretary Rice provided no specific cases.

“Secretary Rice made extra-legal rendition sound like just another form of extradition. In fact, it’s a form of kidnapping and ‘disappearing’ someone entirely outside the law,” said Tom Malinowski, a Human Rights Watch official in Washington.

The CIA practice known as “extraordinary rendition” is used to interrogate terrorist suspects outside the U.S., where they are not subject to American legal protection.

“Kidnapping a foreign national for the purpose of detaining and interrogating him outside the law is contrary to American values,” said Anthony D. Romero, executive director of the American Civil Liberties Union (ACLU) on the Khalid El-Masri case. “Our government has acted as if it is above the law. We go to court today to reaffirm that the rule of law is central to our identity as a nation.”

The ACLU feels the government has to be held to account over “extraordinary rendition”.

Thursday, May 8, 2014

Citing violations of its policy regarding “Marine mammal items”, eBay terminated an online listing on Monday by the town of Cape St. George, Newfoundland and Labrador, Canada, for a 40 ft (12 m) sperm whale carcass reportedly beached upon its shores about a week prior.

With an initial asking price of 99 cents, bidding for the carcass reportedly rose to C$238.03 within 15 bids. Reports variously state the final price of the whale, prior to the removal of the listing from the auction site on Monday at about 2:30pm, was C$2,025 or C$2,075. Listed in eBay’s “really weird” category, the carcass was considered by eBay to be an example of “items made from marine mammals regardless of when the product was made”, which are prohibited as per site rules.

Following a council meeting on Sunday in the town of 950 residents, Cape St. George’s mayor, Peter Fenwick, put the whale up on the auction site in a bid to have it removed from the town’s premises, citing a lack of cooperation from provincial and federal government officials on the matter. “It’s your problem, you solve it”, Fenwick recounted to The Globe and Mail (TGaM) as the response he received from them. Apart from eBay, Kijiji was also suggested as another avenue by which to sell the carcass.

Fenwick told CTV News, several years prior another sperm whale measuring 15 ft was beached in the area, but disappeared without incident, an act Fenwick attributed to be the work of Fisheries and Oceans Canada. “This time”, he remarked, “the authorities have told us that it’s our whale, it’s our responsibility to get rid of it.”

On putting the carcass for sale, Fenwick remarked, “We knew we had to do something with it and this seemed to be the least expensive way of disposing of it.” In a news release, Fenwick highlighted a possible use for the carcass, particularly its bones. “The 40 foot sperm whale will make a spectacular exhibit once the fat and muscle is removed, and the town is asking museums and other organizations that could use a whale skeleton to contact the town for further details.”

On retaining the whale himself, Fenwick stated, “As a town we would dearly love to keep the whale and put it on exhibit in the town but the cost of such a venture would be hard to justify.” Fenwick told TGaM the whale was “in half decent shape”. “This one looks like it died very recently and hasn’t decomposed much”, which Fenwick suggested elsewhere was due to the whale’s present location, partially submerged in near-freezing water. However, Fenwick noted its close proximity to a residential area, saying homeowners who lived there were “very interested in seeing the whale gone.”

eBay was not the only organization who barred the sale from taking place. “We also got threatened by the federal department of the environment, and told to pull the ad off or they would prosecute us”, said Fenwick on the opposition he said he received from Environment Canada, which viewed the sale as contravening a federal act designed to protect endangered species. “I received a call from the federal department of the environment saying that you’re not allowed to sell any parts of sperm whales, even if they’re dead.” he added. “So I said, ‘Oh that’s very good, I’m glad to hear that, now can you send somebody over here to get rid of it for us?'” Fenwick’s request was met with a negative response from Environment Canada.

“They’ve got to sort it out somehow. The uncertainty means it just sort of sits there and rots.” Once decomposition sets in, Fenwick remarked the carcass would become a “real nuisance”. “I don’t know if you’ve ever seen a whale that’s been rotting on the beach for a couple of months — actually sometimes you can’t see it for the clouds of flies around it — but you can smell it for about a mile”, he added.

On finding alternate means to dispose of the carcass, Wayne Ledwell, a member of Newfoundland’s Whale Release and Strandings, suggested the whale be towed out to a remote area. “They need to do that right away, when they come in and they’re fresh,” said Ledwell. “No one wants to go touch them … everything becomes gooey and slippery and you can’t stand up on the whale and it gets on your boots and you can’t get the smell off and then you go home and the dog rolls in it and you get it in your kitchen and you curse the whales, and you curse the government and … it becomes a mess.” Fenwick said they’d considered the idea, enlisting a local fisherman who, however, judged his engine too small for the job.

Previously, blue whale carcasses washed ashore in the towns of Trout River and Rocky Harbour, located about 150 km further north, and were taken by Royal Ontario Museum for preservation of the skeletons. Fenwick suggested the sperm whale carcass in his town might also meet a similar fate, as the sperm whale’s status as the largest toothed whale might prove to be a drawing attraction for such a facility.

Regarding what he plans to do next with the carcass, Fenwick said “If we’re not allowed to sell it, we’re willing to drop our 99 cent price down to a zero.” He said he hoped some eBay bidder stays interested in the whale. “We’ll be glad to talk to them about giving them the whale. We’re hoping that’s not illegal.” He also said he hoped the publicity from the town’s predicament, which garnered national attention, and its unusual means of finding a solution, would draw in someone interested in taking the whale off his hands at their own expense.

Should the whale fall under new ownership, Fenwick advised it be moved away from the town to a beach devoid of people, and the blubber left as food for seagulls, insects, and other predators. He estimated “It’ll probably take a year or so to get down to the skeleton.” As monetary gain was reportedly not what the town cared about, Fenwick was willing to offer the carcass for free, though one report noted money raised from the listing could have gone towards the building of a skate park.

The listing on eBay, as put up by Fenwick, read:

Monday, March 6, 2006

In Helsinki, the Finnish trade union for bus and truck drivers has gone on strike on Sunday evening, mainly over the use of part-time labor. The strike is estimated to affect 100,000 people in the capital area, crowding the remaining transit system on Monday morning. The strike is halting almost half of all bus traffic in and around Helsinki, especially hurting travellers commuting from outlying cities Espoo and Vantaa, where over 60% of bus traffic will be stopped.

The strike also affects 4,000 of Finland’s 55,000 delivery trucks, as well as waste management in many areas. The strike is not affecting trains, trams or the underground, but heavy crowding is to be expected. Authorities are also warning of traffic jams during rush-hours as people use personal cars instead of public transportation.

Sunday, August 5, 2012

The following is the ninth in a monthly series chronicling the U.S. 2012 presidential election. It features original material compiled throughout the previous month after a brief mention of some of the month’s biggest stories.

In this month’s edition on the campaign trail: the rules of third party candidate polling are examined, a third party activist causes four other parties to lose their place on the Illinois presidential ballot, and the new vice presidential nominee of the Justice Party speaks with Wikinews.