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Anti-Corruption Firm Sets up Camp in South Sudan – Law Blog – WSJ

July 11, 2011 By Leave a Comment

The world’s newest nation will be welcoming its newest U.S. corporate resident next week as an anti-corruption and security firm opens its doors.

SolutionPoint International, which operates Guidepost Solutions, NSM Surveillance and Bode Technology, will set up shop next week in South Sudan. The timing couldn’t be better. See this New York Times story for the issues facing South Sudan.

SolutionPoint will offer anti-corruption services, security and surveillance for use by military and law enforcement, DNA forensics as well as compliance services.

“This is a crucial time for this emerging new nation, and we are committed to helping it prosper,” said Joseph Rosetti, Vice Chairman of SolutionPoint International.

Rosetti was a vice chairman and co-founder of Kroll and for many years worked for Director of Worldwide Security for IBM, responsible for security programs in physical security, investigations, personnel security, trade secret protection, information asset security and financial asset security.

via Anti-Corruption Firm Sets up Camp in South Sudan – Law Blog – WSJ.

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Congress Considers Penalties for U.S. Contractors Abroad

May 27, 2011 By Leave a Comment

The chairman of the Senate Judiciary Committee is making a new push to apply some U.S. criminal laws to federal employees and government contractors who are working abroad.

The move by Sen. Patrick Leahy, D-Vt., is at least the third such attempt since a high-profile killing of Iraqi civilians by Blackwater security guards in September 2007. But this time, Leahy has at least the tentative support of some in the contracting industry and of the U.S. Justice Department.

Leahy said in prepared remarks for a hearing Wednesday that he was planning to introduce the latest version of legislation soon, and that he will move forward with it if he finds bipartisan support.

The Justice Department’s case against the Blackwater guards, one of many incidents involving contractors abroad in recent years, is moving slowly. Last month, a federal appeals court reinstated the case, but prosecutors still face evidence problems that Leahy said could have been avoided if U.S. law clearly applied.

“Had jurisdiction for these offenses been clear, FBI agents likely would have been on the scene immediately, which could well have prevented the problems that have plagued the case,” Leahy said.

DLA Piper partner Tara Lee, who co-chairs the firm’s transnational litigation practice, said at Wednesday’s hearing that many of the government contracting companies she represents would welcome some version of the proposal because existing law is unclear. For example, the law generally applies to contractors working for the Defense Department but it doesn’t always apply to those working for other agencies like the State Department.

“If there’s lack of clarity in a statute, I stay busy all day,” Lee said. “But from the perspective of the companies I represent, I think you do have an opportunity to clearly articulate your intent here.”

via Congress Considers Penalties for U.S. Contractors Abroad.

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Schmidt: “common man” not as worried about data privacy – News – PC & Tech Authority

May 23, 2011 By Leave a Comment

Google’s Eric Schmidt has suggested most people aren’t worried about privacy, saying such issues are raised by “elites” not the “common man”.

Google’s former CEO and now executive chairman has been doing the rounds in London after the Google Zeitgeist and Big Tent conferences earlier this week.

While he has been quoted as saying Google will avoid technologies such as facial recognition and resist anti-piracy laws in the US, he rounded out the week by suggesting that online privacy and data retention are more of a concern to the “elite” than the “common man”.

via Schmidt: “common man” not as worried about data privacy – News – PC & Tech Authority.

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Google warns against facial recognition database – Telegraph

May 19, 2011 By Leave a Comment

Eric Schmidt, Google’s executive chairman, has said that the search giant would not build a database capable of recognising individual faces even though it is increasingly possible.

Mr Schmidt, speaking at Google’s ‘Big Tent’ conference on internet privacy, said that the rapid development of facial recognition technology has been one of the things that has surprised him most in a long career as a computer scientist. Such “surprising accuracy” was, however, he said, “very concerning”.

Asked a question about coining the phrase “crossing the creepy line” to describe an aspect of how Google thinks about privacy, Mr Schmidt indicated that, for him, a database utilising facial recognition advances was “unlikely” to be a service that Google would create. He suggested “some company by the way is going to cross that line”.

Mr Schmidt, however, warned regulators and legislators against trying to prevent worrying services in such a way that may stifle innovation. “Hopefully the French or any other country won’t pass laws that are so foolish they force Google to not be able to operate in those countries,” he said referring to a French law requiring internet companies to retain unencrypted passwords for a year.

via Google warns against facial recognition database – Telegraph.

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French Data Protection Act Amended : Privacy & Information Security Law Blog

April 1, 2011 By Leave a Comment

A new French law containing several key amendments to the French Data Protection Act and creating a new public authority referred to as the “Defender of Rights” (Loi n°2011-334 du 29 mars 2011 relative au Défenseur des droits, or the “Law”) came into effect on March 30, 2011.  The Defender of Rights, whose role is to defend civil rights and liberties, to promote children’s rights and to fight against discrimination, also will serve as a member of the CNIL’s plenary committee.

Pursuant to the Law, the CNIL’s investigative and sanction powers are separated such that only the restricted committee (la formation restreinte) has the power to impose sanctions, and the CNIL’s Chairman and Vice-Chairmen will no longer serve as members of the restricted committee.  The Law further provides that holding the position of Chairman of the CNIL is incompatible with any professional activity, elected mandate or other public service, as well as any direct or indirect involvement in a company in the electronic communications or technology sector.  This provision enters into force on September 1, 2012, at which time a new CNIL Chairman will be elected.

The Law also strengthens the deterrent effect of the CNIL’s sanctions by explicitly authorizing the CNIL’s restricted committee to publish its sanctions against data controllers.  In the event of a violation of the Data Protection Act, the CNIL’s Chairman may request that the Executive Committee (composed of the Chairman and two Vice-Chairmen) publish the Chairman’s formal notice to the data controller identifying the breach and mandating compliance with the Law.

via French Data Protection Act Amended : Privacy & Information Security Law Blog.

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Directors’ Duties Dominate Hong Kong Company Law Rewrite

February 17, 2011 By Leave a Comment

(Westlaw Business) Long awaited and much debated, Hong Kong’s Company Law rewrite has been completed and is set to take effect this year. Gazetted and introduced into the city’s Legislative Council last month, the new Companies Ordinance shines a tougher enforcement spotlight on directors’ duties, an area of corporate governance that has received much attention from Hong Kong lawmakers as of late. In tandem to scrutinizing company executives, the new law seeks to increase shareholder protection as well.

Aside from the new Companies Ordinance, the Hong Kong Exchanges and Clearing recently commenced a public consultation on corporate governance practices in the special administrative region, presumably with the intention of amending Hong Kong laws at some point. For more information on the HKEx public consultation, please see HKEx Sketches Corporate Governance Facelift.

In an effort to boost its reputation as an international financial hub, Hong Kong is tackling boardroom misconduct in public and private companies alike. Recently the Securities and Futures Commission made headlines when it hauled the chairman of a Hong Kong listed company, China Forestry, to court. Breach of fiduciary duty and other acts of misconducts are among the allegations. Reuters news sources have reported that the company itself is also being investigated for accounting irregularities. Presently the SFC has applied to freeze the chairman’s assets of up to HK$398 million (US$51 million).

Similarly, Hong Kong based Man Sing Agricultural Holdings has battled legal woes arising from alleged director misconduct for years now, with no resolution in sight. Previously Man Shing disclosed that its chief executive officer had left the company after ‘not… fulfilling his duties as a director’ by refusing to receive phone calls and neglecting Man Shing’s operations. The dispute, which involves additional allegations of corporate governance wrongdoing and claims for damages, has been entangled in legal proceedings since 2007, a costly and lengthy tussle. Another SEC filer currently litigating its own staff is Biopack Environmental Solutions. The company’s Hong Kong subsidiary commenced a suit against the director of its Hong Kong entity for wrongdoing related breach of directors’ duties.

via Directors’ Duties Dominate Hong Kong Company Law Rewrite.

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Trend Micro: Android much less secure than iPhone | Electronista

January 12, 2011 By Leave a Comment

Trend Micro chairman Steve Chang warned in an interview published today that Android was significantly more open to attack than iOS. Google’s decision to allow some open-sourcing and to have only a light approval touch let malicious coders get more information about how to stage viruses and other malware. Apple’s decision to close off much of the iPhone OS, sandbox code and to vet apps more closely may have antagonized some, Chang told Bloomberg, but has also led to a more secure platform.

“We have to give credit to Apple, because they are very careful about it,” he said.

It was virtually “impossible” for some kinds of rogue code to work on an iOS device, he explained. Viruses that deliberately ‘decompose’ to avoid being recognized by antivirus scanners and then reassemble afterwards can work on Android but won’t succeed on iOS. He didn’t explain what made this possible, though Android apps are allowed to extend or modify parts of the main OS where these are usually fenced off on iOS.

via Trend Micro: Android much less secure than iPhone | Electronista.

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

December 28, 2010 By Leave a Comment

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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New York State Bar Launches International Legal Matters Group

October 23, 2010 By Leave a Comment

Joseph T. McLaughlin of Bingham McCutchen and James B. Hurlock, the former chairman of White & Case, will co-chair a new New York State Bar Association task force on the application of New York laws in international legal matters.

State Bar President Stephen P. Younger said the goal of the group will be to review New York laws and to propose changes to encourage the use of New York as a forum for the resolution of disputes.

via New York State Bar Launches International Legal Matters Group.

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Hammonds and Squire Sanders Firm Up Merger Terms | Legal Week

September 7, 2010 By Leave a Comment

Squire Sanders & Dempsey Chairman Jim Maiwurm is set to become global chairman following its proposed merger with Hammonds, as details of the new firm’s framework begin to emerge.

The proposed tie-up, announced last week, would see Maiwurm head the trans-Atlantic firm, with a European chair position also being discussed, likely to be filled by Hammonds Managing Partner Peter Crossley.

The deal is likely to see the firms retain separate profit pools, in common with recent mergers between Lovells and Hogan & Hartson and Denton Wilde Sapte and Sonnenschein Nath & Rosenthal.

The name of the combined entity, if it goes live as planned on January 1, 2011, is still under discussion, although Squire Sanders Hammonds has been cited as one possibility.

via Hammonds and Squire Sanders Firm Up Merger Terms.

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