Introducing The New “FCPA on Steroids” – Law Blog – WSJ

The Bribery Act covers any company that conducts business in Britain, regardless of where the company is based, and goes beyond the FCPA by targeting illicit payments to foreign officials and also bribes between private businessmen, WSJ reports. It applies even if the individual who makes the payment doesn’t realize the transaction was a bribe, legal experts say.

The Bribery Act also prohibits so-called “grease payments” — small bribes common in some countries to get mail service, phone hook-ups or other services that otherwise would be delayed, according to WSJ, which notes that those types of payments are legal under the FCPA as long as they are recorded.

Some companies are concerned that merely treating business contacts to an expensive dinner or sporting event could run afoul of the new U.K. law.

“Lots of clients are very worried, confused, uncertain,” Tim Coleman, a partner at Freshfields Bruckhaus Deringer, told WSJ.

But questions remain about how vigorously the new law will be enforced.

Richard Alderman, the head of Britain’s Serious Fraud Office, told the Sunday Telegraph newspaper that “sensible and proportionate expenditure on hospitality will remain perfectly lawful” under the Bribery Act.

via Introducing The New “FCPA on Steroids” – Law Blog – WSJ.

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Companies Sweat British Bribery Law – WSJ.com

Multinational companies have spent millions of dollars beefing up their compliance programs amid a U.S. crackdown on foreign bribery. Now, they are facing a new British law they fear will force them to rethink their compliance strategies and upend their business practices.

The new law, called the Bribery Act, takes effect in April. It resembles the U.S. Foreign Corrupt Practices Act, which bars companies that trade on U.S. exchanges from bribing foreign government officials to gain a business advantage.

The British law, however, is more sweeping than its American counterpart, and corporate legal advisers are uncertain how extensive the fallout might be.

“There are a lot of people saying this is the FCPA on steroids,” says Mark Mendelsohn, a Washington lawyer who oversaw FCPA  prosecutions at the U.S. Justice Department from 2005 until earlier this year. Mr. Mendelsohn is now a partner at corporate-defense firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Legal experts say it isn’t clear how vigorously the law will be enforced or what resources Britain will commit to investigating or prosecuting suspected violations. But that point has done little to reduce the trepidation among corporate counsels.

via Companies Sweat British Bribery Law – WSJ.com.

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Microsoft co-founder relaunches tech patent suit | Reuters

Microsoft Corp (MSFT.O) co-founder Paul Allen relaunched a wide-ranging patent lawsuit against Apple Inc (AAPL.O), Google Inc (GOOG.O), Facebook and others with specific allegations that the companies are illegally using technology owned by his firm.

Interval Licensing LLC, a small research company set up by Allen in 1992, originally filed a broad patent suit in federal court in Seattle in August, but Judge Marsha Pechman dismissed it on the grounds that it did not specify any actual products or devices. The revised suit was filed by Interval on Tuesday.

Allen, who co-founded Microsoft with Bill Gates in 1975, claims Interval was central to research and development of technology in the Internet arena in the 1990s, amassing more than 300 patents and providing research assistance to Google.

via Microsoft co-founder relaunches tech patent suit | Reuters.

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Bloomberg Law Dockets – Ten Most Read Dockets of 2010 – Bloomberg

Bloomberg Law Dockets – Ten Most Read Dockets of 2010:

1. Lehman Brothers Holdings Inc., Docket No. 1:08-bk-13555

(Bankr. S.D.N.Y. Sept. 15, 2008) Lehman Brothers Holdings Inc.

filed the largest bankruptcy in history on September 15, 2008

with consolidated assets of $639 billion and debt of $613

billion. The case is ongoing in the Southern District of New

York and remains the most read bankruptcy docket over two years

after its initial filing.

2. Securities and Exchange Commission v. Goldman, Sachs & Co.

et al, Docket No. 1:10-cv-03229 (S.D.N.Y. April 16, 2010) In

July 2010, the SEC reached an agreement with Goldman, Sachs &

Co. to settle securities fraud charges for $550 million. The

SEC’s action, filed three months earlier, charged Goldman with

failing to disclose that hedge fund Paulson & Co. Inc. had

played a significant role in choosing the subprime residential

mortgage-backed securities (RMBS) underlying the synthetic

collateral debt obligation known as ABACUS 2007-AC1. Paulson

allegedly shorted the RMBS portfolio that it helped to select.

3. Air Products & Chemicals Inc vs Airgas Inc et al, Docket

No. 5249 (Del. Ch. Feb. 04, 2010) This case, as well as #8 on

this list, involves Air Products & Chemicals, Inc.’s ongoing

hostile takeover battle with target company Airgas, Inc. The

two Pennsylvania-based industrial companies have been battling

for over a year, with a ruling on Airgas’ “poison pill” takeover

defense expected in January 2011.

4. Citadel Broadcasting Corporation, Docket No 1:09-bk-17442

(Bankr. S.D.N.Y. Dec. 20, 2009) Citadel Broadcasting, the third-

largest U.S. radio station operator, filed for bankruptcy in

late 2009 and exited bankruptcy, despite the objection of

several shareholders, by receiving court approval of its plan of

reorganization in May 2010.

5. Ceglia v. Zuckerberg et al, Docket No. 1:10-cv-00569

(W.D.N.Y. July 09, 2010) In this dispute over ownership and

control of the social networking website Facebook.com, plaintiff

Paul Ceglia alleged that defendant Mark Zuckerberg, the founder

of Facebook, Inc., entered a written contract in 2003 granting

Ceglia an ownership interest in Facebook in exchange for $1,000.

The suit was originally filed in New York state court, where a

judge issued a temporary restraining order preventing Zuckerberg

or Facebook from transferring, selling, or assigning any of

Facebook’s assets. Zuckerberg and Facebook removed the suit to

federal court in July 2010, where the restraining order was

allowed to expire.

6. General Growth Properties, Inc., Docket No. 1:09-bk-11977

(Bankr. S.D.N.Y. Apr. 16, 2009) In November 2010, shopping mall

owner General Growth Properties, Inc. completed the largest real

estate bankruptcy in U.S. history. General Growth began its

reorganization in April 2009 with assets of $29.6 billion and

$27.3 billion in total liabilities.

7. Citizens for Consume, et al v. Abbott Laboratories,, et al,

Docket No. 1:01-cv-12257 (D. Mass. Dec. 19, 2001) This case is

the federal branch of a long-running, multidistrict antitrust

class action against various major pharmaceutical manufacturers

and distributors over alleged inflation of the “Average

Wholesale Price” – the price charged by wholesalers to

pharmacies, hospitals and doctors for prescription drugs. A

number of major plaintiffs and defendants settled and sought

dismissal from the case in 2010.

8. Airgas Inc et al vs Air Products & Chemicals Inc, Docket

No. 5817 (Del. Ch. Sept. 15, 2010) See #3 on this list, above.

9. Washington Mutual, Inc., Docket No. 1:08-bk-12229 (Bankr.

D. Del. Sept. 26, 2008) Washington Mutual, Inc., the holding

company that owned the largest savings-and-loan in the U.S., was

taken over by the Federal Deposit Insurance Corp. on September

25, 2008, and filed for Chapter 11 bankruptcy protection in

Delaware the next day. Judge Walrath, who is presiding over the

case, said she will not be able to decide by Dec. 31, 2010

whether she will approve the global settlement and confirm the

Chapter 11 plan that was presented at a four day confirmation

hearing that ended on December 7, 2010. If Judge Walrath

approves the plan, over $7 billion will be distributed to

creditors.

10. Chen-Oster et al v. Goldman, Sachs & Co. et al, Docket No.

1:10-cv-06950 (S.D.N.Y. Sept. 15, 2010) Three former high-level

female employees of Goldman Sachs filed a class action against

the prominent investment bank alleging gender discrimination and

retaliation. The women claim that Goldman Sachs compensates its

female employees less than male employees with the same or less

experience and provides better business opportunities to male

employees, charges that Goldman Sachs denies.

via Bloomberg Law Dockets – Ten Most Read Dockets of 2010 – Bloomberg.

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How Electronic Document Management System Works for the Legal Industry

Legal professionals accumulate massive volumes of evidence, affidavits, court documents and much more while preparing to handle just one single case. In the last several years, many law firms have opted for electronic document management as a strategic move in order to eliminate lost or misplaced documents and to effectively communicate with all parties involved in case execution. Other benefits that law firms have gained by choosing an EDM system:

  • Electronic document management systems allow attorneys and their staff to digitize, manage and gain access to critical data at a moments notice.
  • Law firms can manage simple documents such as emails or incoming faxes too much heavier files including videos and images easier than ever before which accelerates the case preparation processes.
  • Documents can be accessed by multiple users at the same time.
  • Most EDM systems will integrates with commonly used programs such as Microsoft Office.
  • Flexible and customizable folder configuration.
  • Audit trail and tracking.
  • Enhanced search tools.

via How Electronic Document Management System Works for the Legal Industry.

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Apple, Mobile Services Top McAfee’s 2011 Threat Predictions | News & Opinion | PCMag.com

Tech enthusiasts have a number of new products to look forward to next year, but what about security concerns? McAfee on Tuesday released its list of threat predictions for 2011 and it highlighted things like URL shorteners, location-based services, Apple products, and Internet TV.

“We’ve seen significant advancements in device and social network adoption, placing a bulls-eye on the platforms and services users are embracing the most,” Vincent Weafer, senior vice president of McAfee Labs, said in a statement. “These platforms and services have become very popular in a short amount of time, and we’re already seeing a significant increase in vulnerabilities, attacks and data loss.”

Also on McAfee’s radar is Apple, which will have to fend off increasingly sophisticated Apple-targeted malware in 2011. Though the Apple Mac OS platform has been relatively secure, the popularity of iPhones and iPads in business environments, combined with a lack of knowledge about how to secure these devices, could make Apple botnets and Trojans a common occurrence, McAfee said.

On social networks, meanwhile, one rule of thumb is to be careful what you click. Social media sites like Twitter and Facebook could fall prey to URL shortening scams, McAfee said. While these abbreviated links make it easier to fit Twitter’s 140-character limit, they are also an easy way for criminals to mask and direct users to malicious Web sites. More than 3,000 tiny URLs are created each minute, so McAfee said it expects to see a growing number of URLs used for spam, scamming, and other malicious purposes.

via Apple, Mobile Services Top McAfee’s 2011 Threat Predictions | News & Opinion | PCMag.com.

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Apple, Mobile Services Top McAfee’s 2011 Threat Predictions | News & Opinion | PCMag.com

Tech enthusiasts have a number of new products to look forward to next year, but what about security concerns? McAfee on Tuesday released its list of threat predictions for 2011 and it highlighted things like URL shorteners, location-based services, Apple products, and Internet TV.

“We’ve seen significant advancements in device and social network adoption, placing a bulls-eye on the platforms and services users are embracing the most,” Vincent Weafer, senior vice president of McAfee Labs, said in a statement. “These platforms and services have become very popular in a short amount of time, and we’re already seeing a significant increase in vulnerabilities, attacks and data loss.”

Also on McAfee’s radar is Apple, which will have to fend off increasingly sophisticated Apple-targeted malware in 2011. Though the Apple Mac OS platform has been relatively secure, the popularity of iPhones and iPads in business environments, combined with a lack of knowledge about how to secure these devices, could make Apple botnets and Trojans a common occurrence, McAfee said.

On social networks, meanwhile, one rule of thumb is to be careful what you click. Social media sites like Twitter and Facebook could fall prey to URL shortening scams, McAfee said. While these abbreviated links make it easier to fit Twitter’s 140-character limit, they are also an easy way for criminals to mask and direct users to malicious Web sites. More than 3,000 tiny URLs are created each minute, so McAfee said it expects to see a growing number of URLs used for spam, scamming, and other malicious purposes.

via Apple, Mobile Services Top McAfee’s 2011 Threat Predictions | News & Opinion | PCMag.com.

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Dubai International Arbitration Centre holds 4th successful open dialogue in Paris | Dubai Chamber | AMEinfo.com

The Dubai Chamber of Commerce & Industry’s initiative of the Dubai International Arbitration Centre organized its 4th Arbitration Dialogue in Paris recently. This second overseas arbitration dialogue and the fourth in a series held outside Dubai followed the success pattern of the earlier dialogues held in London last March.

Organised at Hotel Prince De Galles on the sidelines of the 27th American Arbitration Association (AAA), ICC International Court of Arbitration, and the International Centre for Settlement of Investment Disputes (ICSID) Joint Colloquium on International Arbitration, the open dialogue entitled “Meet DIAC and its Executive Committee” was attended by 76 renowned arbitrators and experts who were impressed with the world-class services offered by DIAC.

The panel of speakers included Dr Nael Bunni, Chairman, Dr Hadif Al Owais, DIAC Acting Director and Vice-Chairman of DIAC Executive Committee and the Executive Committee members including Michael E. Schneider, Dr Tarek Fouad A. Riad and Dr Fathi Kemicha who gave presentations on the various aspects of DIAC’s operations including its rules, methods of appointment of arbitrators, their fees and cost issues related to arbitration cases.

via Dubai International Arbitration Centre holds 4th successful open dialogue in Paris | Dubai Chamber | AMEinfo.com.

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Apple sued over data tracking | TG Daily

An iPhone user has launched a lawsuit against Apple, accusing it of allowing applications to gather personal information without users’ consent.

The complaint, filed in San Jose, California by user Jonathan Lalo, alleges that iPhones and iPads contain a Unique Device Identifier (UDID) which allows advertisers to track what applications users download, how frequently they’re used and for how long.

Indeed, the suit claims, some apps are also selling personal information such as the user’s location, age, gender, income, ethnicity, sexual orientation and political views.

Because the UDID is specific to the phone, it can’t be changed or blocked by the user. This, says the suit, is a violation of privacy laws and also amounts to computer fraud, as Apple claims it reviews all applications on its App Store and doesn’t allow them to transmit user data without customer permission.

via Apple sued over data tracking | TG Daily.

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