Ken Chan

Yesterday, the U.S. Citizenship and Immigration Services proposed a “new fee structure” to fund a modernized immigration service. Of course, in governmentspeak, a new fee structure can only mean higher fees. 🙂

Actually, USCIS did propose waiving the current $270 fee for T Nonimmigrant Status applicants, who are victims of severe forms of trafficking in persons. However, other than that, the proposed fees for all other applications are higher than the current fees.

With the new fee structure, USCIS contends that it will be able to improve its facilities, upgrade its data systems, expand online services and reduce application processing times.

The Daily Business Review reported on a federal class action settlement by Sharper Image over its air purifiers. Unfortunately, for Sharper Image, Judge Cecilia Altonaga denied the settlement without prejudice. Fortunately, for us, Sharper Image had filed the Settlement Agreement already with the U.S. Securities and Exchange Commission. Here are some of the more interesting provisions:

§ 10.2 Settling Defendant agrees to pay an amount not to exceed $1,875,000.00, plus the additional expenses outlined in paragraph 9 above, subject to application for an award of attorneys’ fees and expenses and Court approval, as full payment for all attorneys’ fees, costs, and expenses incurred in connection with this Class Action.

For $1,875,000, the settling defendants’ lawyers got them…

As many recent homeowners have discovered, the only mortgage that offers a predictable payment plan is the 30-year fixed. Sure, the interest rate may be higher than for an adjustable rate mortgage, but fixing the rate shields the borrower from interest rate risks and rising mortgage payments—risks that have only now become apparent.

Homeowners who had taken out 3- or 5-year adjustable rate mortgages a few years ago are now facing higher monthly mortgage payments as banks prepare to reset the interest rates on their loans. Since interest rates have rebounded from their historical lows, you may find yourself unable to make your mortgage payments. Potential options include refinancing the loan, renting a room or the house, selling the house, or consulting with a legal professional to see what other avenues remain open.

Here are some articles to consider:

What do you think of when someone mentions the USA PATRIOT Act? Fahrenheit 9/11? Long lines at the airport? Domestic spying by the NSA? Well, I have a new item to add to that list. As the winter cold season takes its toll, honest citizens trying to buy some nasal decongestant will discover that Sudafed® has been replaced by Sudafake—courtesy of the USA PATRIOT Act.

I found the original Sudafed at a local Walgreens. Had to take a product card to the pharmacist behind the counter and exchange it for the actual contraband. Oh, and they asked for my driver’s license. I could see all my personal information being zapped into some database for the government to data mine. Thanks! And, if I somehow end up on the No-Fly List…

Walgreens doesn’t offer all cold products in their original formulation. For example, Robitussin only comes with Phenylephrine HCI and not Pseudoepedrine HCl (the active ingredient in the original Sudafed). So, buy accordingly. Personally, I think Sudafake is really a placebo pill, because it had no effect. Hence, my search for the tried and true.

Voice of America reports that a U.S. nuclear-powered submarine has collided with a Japanese oil tanker in the Arabian Sea. If the submarine was not covertly following the oil tanker, I would be seriously disappointed. Maybe the submarine and the oil tanker were playing a high stakes game of cat-and-mouse. Please let me believe that was the case.

After all, submarines belonging to the U.S. Navy must have the most advanced navigational gear onboard. To truly strike a lumbering oil tanker despite all the costly electronics and trained personnel? Well, the thing speaks for itself.

Lately, Google has been involved in a lot of lawsuits: book publishers, DOJ subpoena, Microsoft, France….

However, last month, in a novel twist, a plaintiff, Mark Anderson, convinced the Beverly Hills Small Claims Court to direct Google to remove a number of documents that mention him from the Google index, including newspaper articles and public documents such as a U.S. Bankruptcy Court order.

Specifically, the Court ordered Google to remove “all references to [1 individual and 3 companies] from the Google search engines and search results.” This is not the removal of the documents from the Internet, just from the Google search results. Attached to the order was an exhibit listing the Web pages to be removed from the Google index. Chilling Effects has posted the court order and exhibit on its Web site.

If you find yourself frequently looking up US Supreme Court cases, we’ve come up with a time-saving plugin for Firefox users.

Once you’ve installed our US Supreme Court Search plugin, look for the J-star icon in the oval search field in the upper right-hand corner of your Firefox browswer. Enter any term, hit enter, and the browswer will retrieve US Supreme Court cases that reference your search query. This plugin is also available from mozdev.org.

The San Jose Mercury News reported that the Feds have subpoenaed Google in a bid to obtain their search records. In an act reminiscent of certain countries in “Old Europe,” Yahoo, Microsoft and AOL all surrendered, leaving Google to fight it alone.

Here are copies of the motions. I’ve OCR’d them so that they are searchable and copy-and-pasteable.

• Notice of Motion, and Motion to Compel Compliance with Subpoena Duces Tecum

Well, the first Monday of October has finally arrived and changes are already afoot. The US Supreme Court returned from its summer recess and welcomed a new Chief Justice to the helm. With the nation’s air waves abuzz this morning over President Bush’s nomination of Harriet Miers, it seems that the Washington’s attention has been focused on the Supreme Court as of late. Our focus has been on the US Supreme Court as well, but for entirely different reasons.

Today, Justia, Oyez and US Court Forms are proud to release the first beta version of our new US Supreme Court Center. Many features are still under development, but the center does include all US Supreme Court decisions since volume one (1).

You can visit the new center at http://www.Justia.us

Since Hurricane Katrina struck the Gulf Coast, I have been absolutely shocked by the magnitude of destruction left in her wake. In California, we’ve experienced our share of natural disasters, including the Loma Prieta earthquake of 1989. While the damage from that earthquake was extensive, it did not force the evacuation of a major American city or disperse countless families into neighboring states away from their homes, possessions and careers. The manpower, resources and infrastructure needed to handle such a mass migration is unfathomable.

Hurricane Katrina also demonstrated the limitations of our current technologies. Once the power shuts down, the cellular phones go down as well. And, without a communication system in place, the process of contacting family members or coordinating relief efforts proves to be exponentially more challenging.

Fortunately, many Web sites have emerged in the past few days to help survivors reconnect with their family members. Let me share with you some Web sites that I’ve visited to keep up with Hurricane Katrina news.