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Saving Time, Money and Face with E-Discovery

August 3, 2011 By Leave a Comment

E-discovery is becoming a mainstream process and technology at law firms that also seek to reduce attorney time and create a more efficient document review process. Severson & Werson, an Irvine, California law firm of 120 attorneys, offers an example of the technology’s use in a case that cleared a client and significantly lowered costs of managing evidence.

Severson & Werson represents a variety of clients but specializes in the construction industry. In a recent case, the firm received 250,000 documents relevant to a complicated trial from multiple international parties, with no time to review each one. The combination of large volumes of evidence and short turnaround is a not-uncommon scenario in the world of litigation today, attorneys say.

The case was brought to determine fault for expensive delays during the design and construction of a condo-hotel in California. The owner sought $9 million, and the contractor responded with their own claims of $5.8 million against the architect and Severson & Werson’s client, the project’s structural engineer.

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Using e-discovery, Severson & Werson was able to discover the relevant documents that led to the case being settled and proved their client wasn’t at fault.

Attorney Bruce N. Furukawa is technology partner in the Severson & Werson Construction group, primarily representing and counseling architects and engineers. Furukawa has negotiated and implemented e-discovery protocols and developed strategies for producing electronic documents in both federal and state courts. Furukawa described this case as typical in that everyone involved managed data according to their own processes. The client, for example, managed data in a controlled way. “Every time they got an email, they’d save it and print out attachments and delete the attachments. Another party saved everything. Another party saved everything intermingled with all their documents,” explained Furukawa.

The firm negotiated to upload the documents to a hosting provider that used kCura’s Relativity software, with the costs split three ways, between the owner, the architect and Severson & Werson’s client, the structural engineer. “By consolidating all the documents in the case, we saved costs on hosting by a third. We also agreed [each party] only had to pay for data you put into it.”

via Saving Time, Money and Face with E-Discovery.

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Porn Worm Extorts Money From 2,500 Victims – PCWorld

January 13, 2011 By Leave a Comment

A fast-spreading Russian ransom worm that locks people out of their files has found at least 2,500 victims willing to pay up to get back control of their PCs, researchers have discovered.

The malware is identified by Trend Micro as Worm_Rixobot.A, which says it has been spreading in recent weeks using infected porn websites, instant messaging applications and even infected USB drives, hence its designation as a worm rather than a Trojan.

After taking over a user’s PC, terminating a range of Windows and security programs and blocking access to websites, a splash screen demands that users pay the Russian rouble equivalent of $12 by texting a premium-rate SMS number in order to receive an unlock key.

The relatively small sum involved and the use of a simple payment channel might explain why the con appears to be working. According to Trend, which hacked the crime servers associated with the worm, the latest campaign has made 901,000 RUR (about $29,500) in only five weeks, equivalent to nearly 2,500 people having paid the ransom.

via Porn Worm Extorts Money From 2,500 Victims – PCWorld.

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Double standard for pharma bribes | CNN Money

August 17, 2010 By Leave a Comment

Legally, of course, companies can’t bribe anyone to do anything, whether the kickback is taking place on domestic or international grounds. But the act that guides the Department of Justice’s international jurisdiction — called the Foreign Corrupt Practices Act (FCPA) — specifically prohibits bribery to officials of foreign governments to procure business.

That law, however, creates a strange quirk in the system, thanks to the predominance of state-run health care world wide: many doctors in other countries are considered government employees. Thus, the DOJ has launched several investigations into the world’s largest pharmaceutical companies for FCPA violations. If any of these companies are found guilty of bribery, it could be a good opportunity for the DOJ to take a fresh look at routine interactions between doctors and drug companies back here in the United States.

via Double standard for pharma bribes – Aug. 17, 2010.

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Oracle`s Google Lawsuit: All About ‘Ego, Money and Power` – Application Development from eWeek

August 16, 2010 By Leave a Comment

Oracle’s patent infringement lawsuit versus Google is all about ego, money and power, so says the creator of the key technology in question. Rather than being about developer freedom or Java fragmentation, this suit is more about what drives the software industry and most every other.

Oracle’s patent infringement lawsuit versus Google is all about ego, money and power, so says the creator of the key technology in question.

In an August 15 blog post, James Gosling, known as the father of Java, said:

“There are no guiltless parties with white hats in this little drama. This skirmish isn’t much about patents or principles or programming languages. The suit is far more about ego, money and power.”

That has been a common sentiment among both observers and participants in the software industry since Oracle announced its lawsuit on August 12. Mostly, folks seem to view Oracle’s move as a money grab, not a stake in the ground nor a true move to protect the sanctity of Java. Whatever it is, Oracle has made its move and Google has responded saying it will defend its actions with Android.

via Oracle`s Google Lawsuit: All About ‘Ego, Money and Power` – Application Development from eWeek.

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Global Survey of In-House Lawyers Shows Where the Money Is | Corporate Counsel

June 18, 2010 By Leave a Comment

Thinking of moving abroad to work in-house? Brazil may be your best bet, according to a new survey (pdf) of in-house salaries around the world by the international legal recruiting firm Laurence Simons.

There’s been a huge influx of law firms into Sao Paulo and Rio de Janeiro, and that’s pushing up salaries for both in-house lawyers and those in private practice.

“Lawyers with solid experience in corporate banking, compliance and tax are the most in demand and able to command a premium to move in the current climate,” said Pedro Amaral Dinkhuysen, Laurence Simons’ Latin American managing partner.

Two years ago, in-house jobs were lucrative and plentiful in the Middle East and Russia, according to the survey, which analyzed the salaries of more than 14,000 in-house lawyers over the last six years.

Over the last four years, salaries for in-house lawyers in Russia increased more than in any other county in the world. The average pay for those with two years of experience jumped 81 percent after 2004, from €25,000 ($30,963) to €45,250 ($56,043) today.

“By 2004, the concept of an internationally staffed in-house legal department had become accepted by local Russian companies keen to float on the international stock exchanges,” said Meeta Dutt, Laurence Simons’ manager for Russia, Central and Eastern Europe.

Dubai has had its share of well-publicized economic woes since the recession. But salaries for in-house lawyers haven’t suffered. In the Middle East, pay for those with five years of experience rose 41 percent, from €123,000 ($152,329) in 2008 to €173,000 ($214,203) today.

Despite such gains, the boom is over in both Russia and the Middle East. “Candidates with good international experience are still demanding high salaries,” Dutt said. “But looking to the future, the expectations of huge pay increases so common in the boom years have been consigned to history.”

via Global Survey of In-House Lawyers Shows Where the Money Is.

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A Line in the Sand: Getting Tough on Money Laundering in Dubai and the UAE | Westlaw Business

May 19, 2010 By Leave a Comment
Administrative map of the United Arab Emirates...
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Whopping $500 million fines are just one reason sanctions and anti-money laundering measures continue to haunt international commerce. With advances in electronic transmittals, hundreds of billions in dirty money swirls all over the world with breathtaking speed and efficiency. Rather than passively watching the problem spiral, however, the United Arab Emirates and one of its prominent regulators have stepped in with aggressive preemptive action.

With last week’s mega fine imposed by the U.S. on ABN Amro (since acquired by Royal Bank of Scotland) for “turning a blind eye” to sanctions against Iran, Cuba and other countries, the focus of international efforts to control criminal cash flows has received renewed attention. The U.S. and the UN have traditionally borne the yoke of international trafficking cops, but when it comes to money laundering, the United Arab Emirates and the Dubai Financial Services Authority (DFSA) have drawn a line in the sand.

The Sanctions Committee of the United Nations, for example, is a subset of the UN Security Council. From Saddam’s Iraq, to Darfur in the Sudan, the UN has long advocated the use of sanctions “as an enforcement tool when peace has been threatened and diplomatic efforts have failed.” As a consequence, companies and individuals doing business with rogue states bring themselves within the legal jurisdiction of a world body.

The U.S., meanwhile, has a number of different mechanisms for combating illicit traffic. On an international scale, the Office of Foreign Assets Control (OFAC), contained within the Department of Treasury, maintains a list of Specially Designated Nationals. Doing business with individuals and companies on this list subjects U.S. citizens and residents to criminal penalties. Because the list is public information, a presumption of intent when doing business with any person or entity on the list. OFAC maintains a list of 20 extant sanctions programs on its website; the site also includes a list of memoranda between OFAC and bank regulators.

Though not as large or influential as the UN or U.S., the UAE, a geographically a tiny Gulf outpost, has in its own right backed up its claim as a world financial center by committing considerable energy and resources to combating not only money laundering but the financing of terror. The DFSA oversees the Dubai International Financial Centre (DIFC), a self-contained financial free zone with its own civil and commercial law framework located in the Emirate of Dubai. As for penal law, however, UAE federal law still applies not only to the DIFC but all free zones. The DFSA thus provides the compliance mechanisms and the UAE the criminal penalties for money laundering.

While not an Islamic issue, money laundering has received attention from both the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and the Islamic Financial Services Board (IFSB). Both organizations, in their respective governance and corporate responsibility provisions, underscore the importance of compliance with relevant AML laws.

via A Line in the Sand: Getting Tough on Money Laundering in Dubai and the UAE.

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Data Breaches Cost More if Enterprises Move Too Fast – Security from eWeek

January 25, 2010 By Leave a Comment

Acting too quickly after a data breach can cost companies even more money, the Ponemon Institute reports.

Data breaches are not getting any cheaper to deal with, and companies that jump the gun on notifications can end up paying the most.

In its fifth annual study on data breaches, the Ponemon Institute discovered that about 36 percent of participants notified their breach victims within one month, but ended up paying $219 per compromised record as opposed to the $196 paid by others. According to the study, a reason for this may be that companies moved too quickly through the process of detection, notification and related activities, and made costly mistakes along the way.

“Panicking and making decisions before all the facts are accurately determined may result in extending credit services to individuals who may not have been affected in any way that would put their credit at risk, for example,” noted Mike Spinney, senior privacy analyst with Ponemon. “Initial assessments may have indicated 100,000 folks, but in reality only 50,000 were on the missing disk … that kind of thing can result in wasted money and effort in making notice.”

via Data Breaches Cost More if Enterprises Move Too Fast – Security from eWeek.

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UK firms remain averse to e-discovery

October 21, 2009 By Leave a Comment

More UK IT departments are implementing policies to manage electronically stored information (ESI) and e-discovery to help stave off potential litigation issues.

But many still see little point in spending money preparing for legal requirements that may never affect them. And they are hampered from implementing suitable policies by the large volume of information that needs to be stored, and a lack of time and manpower to perform the necessary maintenance of data archives over long periods.

via UK firms remain averse to e-discovery – 21 Oct 2009 – Computing.

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