Deutsche Telekom, Magyar Unit To Pay $95 Million To Settle FCPA Case – Corruption Currents – WSJ

Deutsche Telekom AG and its Hungarian telecommunications unit agreed to pay more than $95 million in civil and criminal penalties to resolve U.S. probes over alleged bribes by former senior executives to government officials in Macedonia and Montenegro, authorities said Thursday.

The settlement resolves investigations stretching back about five years by the Justice Department and the Securities and Exchange Commission against Deutsche Telekom and its majority-owned Magyar Telekom unit. The Wall Street Journal

via Deutsche Telekom, Magyar Unit To Pay $95 Million To Settle FCPA Case – Corruption Currents – WSJ.

BP employees could face criminal spill charges – Houston Chronicle (Simone Sebastian)

Federal prosecutors are considering criminal charges against individual BP engineers for allegedly providing federal regulators with false information related to the safety of the well that was at the center of the nation’s largest offshore oil spill, according to a source involved with the case.

The source said it is not yet clear if the Department of Justice will target individual BP employees or focus on charges against the company. But the source said a decision could be made as soon as next month.

The charges could come nearly two years after the Macondo well blowout and Deepwater Horizon rig explosion killed 11 workers and spilled an estimated 4.9 million barrels of oil into the Gulf of Mexico.

The Wall Street Journal reported Thursday, according to people familiar with the matter, that federal prosecutors were preparing felony charges against several Houston-based engineers and at least one of their supervisors.

via BP employees could face criminal spill charges – Houston Chronicle.

FTC clears Epiq’s planned purchase of De Novo Legal – Kansas City Business Journal (Alyson Raletz)

The Federal Trade Commission    gave Kansas City, Kan.-based Epiq Systems Inc. the go-ahead to purchase a New York-based electronic legal services provider.

The FTC announced on Tuesday that it had provided Epiq (NASDAQ: EPIQ) early clearance of antitrust concerns to buy De Novo Legal LLC.

Epiq, a software company that supports the legal profession in electronic discovery and document review services, ranked 20th on the Kansas City Business Journal’s list of area public companies, based on revenue of $247.17 million in 2010.

Representatives of Epiq and De Novo could not be reached immediately for comment. A De Novo employee declined to answer questions about company details, including a current employee count, saying that there had been recent changes.

via FTC clears Epiq’s planned purchase of De Novo Legal – Kansas City Business Journal.

Report: Intel Ready to Make Thunderbolt Widely Available | PCMag.com (Damon Poeter)

Intel will make its Thunderbolt rapid data transfer technology available to its full contingent of PC partners in April, according to DigiTimes. Several top computer makers and components suppliers are already preparing desktops, notebooks, and motherboards with Thunderbolt, the Taiwanese tech journal reported Tuesday.

Thunderbolt, which Intel developed in collaboration with Apple, is currently only available in products like Apple’s 27-inch Thunderbolt Display, the MacBook Air, and the Little Big Disk from LaCie.

Thunderbolt chips are relatively expensive at more than $20 per module and serve much the same purpose as USB 3.0-standard data transmission technology, but prices are expected to drop in the second half of 2012, the tech journal reported. Apple’s adoption of the technology across its desktop and notebook product lines has also accelerated the timeline for Thunderbolt’s wide spread adoption, DigiTimes reported, citing unnamed sources from computer makers.

via Report: Intel Ready to Make Thunderbolt Widely Available | News & Opinion | PCMag.com.

For Start-Ups, Sorting the Data Cloud Is the Next Big Thing – NYTimes.com (Malia Wollan))

The idea of big data goes something like this: In a world of ever-increasing digital connectivity, ever larger mountains of data are produced by our cellphones, computers, digital cameras, RFID readers, smart meters and GPS devices. The huge quantity of data becomes unwieldy and difficult for companies and governments to manage and understand.

“My smartphone produces a huge amount of data, my car produces ridiculous amounts of really valuable data, my house is throwing off data, everything is making data,” said Erik Swan, 47, co-founder of Splunk, a San Francisco-based start-up whose software indexes vast quantities of machine-generated data into searchable links. Companies search those links, as one searches Google, to analyze customer behavior in real time.

Splunk is among a crop of enterprise software start-up companies that analyze big data and are establishing themselves in territory long controlled by giant business-technology vendors like Oracle and I.B.M.

via For Start-Ups, Sorting the Data Cloud Is the Next Big Thing – NYTimes.com.

The Case for In-House eDiscovery | Heathcare Info Security (Upasana Gupta)

In mid-2011, Canada’s Scotia Bank set up an internal eDiscovery team of three full-time professionals to tackle litigation issues for the institution in 50 countries.

The goal: to preserve, collect, review, manage and produce any electronic evidence relevant to a court case. For Greg Thompson, vice president of enterprise security services at Scotia Bank, Canada’s third-largest institution, eDiscovery has become a top concern because of the rising litigation caseload. Failure to comply with an eDiscovery request could result in fines or other penalties.

 

The main reasons for establishing an internal eDiscovery team, versus outsourcing it: huge cost savings, increased control of data and a better understanding of the litigation process.

“Satisfying a court order is heavy lifting,” Thompson says. “The cost and risks of outsourcing this service with regards to the number of litigations we are dealing with has skyrocketed. If you send your data to an external party for investigations, you can expect to pay somewhere around $2,000 per day compared to internal expertise, where we spend around $800 per day.”

Scotia Bank’s choice is increasingly common among private and public sector organizations worldwide. The expansion of litigations, electronically stored information and the risk of sending data to third parties are pushing these organizations to develop their own eDiscovery capabilities.

“eDiscovery is becoming a big deal,” says David Matthews, deputy chief information security officer for the City of Seattle in the U.S., and author of a forthcoming book called “Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval.” “Every bit of infrastructure and activity generates electronic data, so organizations and individuals are expected to understand by law where their electronic evidence is and how it’s accessed and produced in court.”

via The Case for In-House eDiscovery.

How to Keep Your Company Off of the Government’s Naughty List | Corporate Counsel (Ryan McConnell & Katelyn Richardson)

The holiday season is here. The 2010 U.K. Bribery Act is on the books. And enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) is on the rise. Gift baskets began arriving in the corporate mailroom weeks ago. But holiday gifts can raise conflict of interest issues and may be viewed as bribery depending upon the intent of the giver and value of the gift. Recent bribery cases against companies involving gifts include Alcatel-Lucent, RAE Systems, and Innospec. In-house counsel should ensure their corporate gift policy protects the company from government scrutiny.

Gifts can be particularly problematic for antibribery compliance programs. Thirty-eight countries have adopted the Organisation for Economic Co-operation and Development’s Antibribery Convention and enacted laws against foreign bribery. Both the FCPA and the U.K. Bribery Act prohibit gifts intended to influence decisions to award business or gain an improper benefit from foreign political or government officials, including employees of state-controlled entities. The U.K. Bribery Act and the U.S. Travel Act both outlaw commercial bribery involving gifts intended to influence business decisions.

via How to Keep Your Company Off of the Government’s Naughty List.

Court Grants Cross Motions for Spoliation Sanctions, Imposes Adverse Inference Against Both Parties : Electronic Discovery Law

Patel v. Havana Bar, Restaurant & Catering, No. 10-1383, 2011 WL 6029983 (E.D. Pa. Dec. 5, 2011)

In this opinion addressing the parties’ cross motions for sanctions, the court ordered an adverse inference for defendants’ failure to preserve relevant video surveillance footage and an adverse inference for plaintiff’s failure to preserve relevant witness statements.  For plaintiff’s other discovery violations, including delayed and piecemeal production of witness statements and failure to timely produce a full copy of the relevant police report, as well as for the spoliation of witness statements, the court ordered re-deposition of several witnesses at plaintiff’s expense.  The court also awarded defendants’ attorneys fees and costs “for the time and effort they expended in attempting to obtain discovery that they were entitled to receive.”

Plaintiff was injured when he “fell” from a second story balcony/loft at defendants’ bar and restaurant. Whether plaintiff fell or jumped was apparently in dispute.  There was also a question as to whether plaintiff was intoxicated at the time of his “fall.”

Defendants recorded video surveillance near the time of plaintiff’s fall which was viewed by the restaurant owner on the night of the accident.  He claimed the video did not reveal how the fall occurred. At deposition, the owner explained that he had attempted to copy the video but was unable, despite a call to the system’s provider.  He further stated that although the system could print still images, he did not print any.  Thus, the video was automatically recorded over and no footage was preserved.  The court found that spoliation had occurred.  Accordingly, following its identification of the relevant considerations and after noting that “even ‘negligent destruction of relevant evidence can be sufficient to give rise to the spoliation inference,” the court ordered an adverse inference instruction.

via Court Grants Cross Motions for Spoliation Sanctions, Imposes Adverse Inference Against Both Parties : Electronic Discovery Law.

Crowdsourcing legal data: are we all e-discovery agents now? | New Legal Review (Matt Packer)

Legal professionals will always play a vital role in building up trial evidence. However, writes Matt Packer, a creature called ‘the crowd’ is starting to do this automatically – all through everyday online usage

‘Mob rule’ and ‘herd mentality’ are just two of the many phrases used by journalists to criticise ignorant or sheep-like behaviour in large masses of people. The internet, though, helps to bring crowd wisdom to life. ‘Crowdsourcing’ is a term coined in 2006 by technology expert Jeff Howe, who became interested in how companies were engaging customers in key corporate functions, such as marketing. That year, Doritos gave an example by launching its Crash the Superbowl campaign, inviting snack fans to create their own Doritos commercials and upload them to a website for user rating. The winner was broadcast in a commercial break during Superbowl XLI.

Since then, crowdsourcing has had a positive impact on the world of intellectual property (IP) through the Peer to Patent initiatives in the US and UK. These enable technical experts of all types to sign up and provide their insights on select patent applications. But this year, web-based crowds have also played major roles in the gathering of raw evidence – firstly, for litigation in a US trademark suit; and secondly, for the prosecution of key participants in the UK riots.

via Crowdsourcing legal data: are we all e-discovery agents now?.

Chinese Hackers Hit U.S. Chamber – WSJ.com

A group of hackers in China breached the computer defenses of America’s top business-lobbying group and gained access to everything stored on its systems, including information about its three million members, according to several people familiar with the matter.

WSJ Washington bureau chief Jerry Seib has details of a cyber attack against the U.S. Chamber of Commerce by Chinese hackers in which more than 300 Internet addresses were breached. AP Photo.

The break-in at the U.S. Chamber of Commerce is one of the boldest known infiltrations in what has become a regular confrontation between U.S. companies and Chinese hackers. The complex operation, which involved at least 300 Internet addresses, was discovered and quietly shut down in May 2010.

View Interactive

It isn’t clear how much of the compromised data was viewed by the hackers. Chamber officials say internal investigators found evidence that hackers had focused on four Chamber employees who worked on Asia policy, and that six weeks of their email had been stolen.

It is possible the hackers had access to the network for more than a year before the breach was uncovered, according to two people familiar with the Chamber’s internal investigation.

via Chinese Hackers Hit U.S. Chamber – WSJ.com.