In First U.K. Bribery Act Sentencing, Former Court Clerk Handed 6-Year Term | Legal Week

former magistrates’ court clerk has become the first person to be sentenced under the U.K. Bribery Act, after he admitted accepting a £500 bribe to “get rid” of a speeding charge.

Munir Patel was sentenced to six years in prison at Southwark Crown Court Friday after last month pleading guilty to bribery and misconduct in public office during his employment as an administrative clerk at London’s Redbridge Magistrates’ Court.

He has been handed a three-year sentence under the Bribery Act and a six-year sentence for misconduct in public office. The two sentences will run concurrently, resulting in six years imprisonment.

Patel accepted the bribe in exchange for omitting to record a traffic offense on a court database and has been prosecuted under Section 2 of the Bribery Act for requesting and receiving a bribe intending to improperly perform his functions, as well as misconduct in public office.

Ashurst dispute resolution partner Angela Pearson said: “The sentencing of Munir Patel for three years for bribery under the new Bribery Act demonstrates the significant sentences that the courts are willing to impose on individuals who commit an offense under the act.

“This is to run concurrently with a six-year sentence for misconduct in a public office. It is only a matter of time before the Serious Fraud Office bares its teeth and prosecutes the first corporate or its directors under the act. In the meantime, the business community collectively hold their breath.”

via In First U.K. Bribery Act Sentencing, Former Court Clerk Handed 6-Year Term.

No Friends In Ireland: Probe Begins Into Facebook Privacy Issues | Fox News

Privacy watchdogs began an on-site investigation Tuesday of Facebook’s regional office in Ireland, FoxNews.com has learned, following sensational accusations that the company is creating extensive “shadow profiles” of non-users.

The eye-popping assertion came in a complaint filed in August by Ireland’s Data Protection Commissioner, which alleges that users are encouraged to hand over the personal data of others. That includes “sensitive data such as political opinions, religious or philosophical beliefs, sexual orientation and so forth” — and Facebook is storing it all up in its databases.

Despite the company’s firm denials, the Data Protection Office began hunting for evidence on Tuesday, Oct. 25, to back up those claims.

“The on-site element started on Tuesday,” Lisa McGann, a spokeswoman for the Office of the Data Protection Commissioner, told FoxNews.com. The search will take a number of days, she said, but she could not address questions about what specifically the commissioner hoped to find or had already discovered.

In such investigations, the office has the power to inspect the building, question employees, and take away copies of any files stored on local computers, according to the Commissioner’s audit guidelines. The agency will then pore over that data for the next few weeks.

“It is the intention of the commissioner that the investigation will be completed by the end of the year,” McGann told FoxNews.com. The organization conducts few such reports each year; according to the Data Protection Commissioner’s 2010 annual report, the office opened 231 formal complaints under the Privacy in Electronic Communications Regulations act — but only conducted 32 “comprehensive privacy audits.”

via No Friends In Ireland: Probe Begins Into Facebook Privacy Issues | Fox News.

Former Court Clerk Is First Person Convicted Under U.K. Bribery Act | law.com

A former magistrates’ court clerk has become the first person to be prosecuted and convicted under the U.K. Bribery Act, after he admitted accepting a £500 bribe to “get rid” of a speeding charge.

Munir Patel pleaded guilty at Southwark Crown Court last Friday to bribery and misconduct in public office during his employment as an administrative clerk at London’s Redbridge Magistrates’ Court.

He accepted the bribe in exchange for omitting to record a traffic offense on a court database.

He has been prosecuted under Section 2 of the Bribery Act for requesting and receiving a bribe intending to improperly perform his functions. He also pleaded guilty to misconduct in public office for other similar offenses, with seven charges of possessing false garage receipts for use in fraud ordered to lie on file.

Patel will be sentenced on Nov. 11 and faces a maximum sentence of 10 years’ imprisonment.

via Former Court Clerk Is First Person Convicted Under U.K. Bribery Act.

How global laws protect your data | Cloud technology | guardian.co.uk

In February last year, three Google executives were handed suspended six month prison sentences by an Italian court for violating the privacy of a boy with Down’s Syndrome by allowing the website to broadcast video of him being bullied in a school in Turin. Although the video had been uploaded in Italy back in 2006, it had been processed by servers in the US and Ireland. No content had been hosted in Italy, but Google’s Italian office was enough to give the Italian courts jurisdiction.

For companies wanting to store data in the cloud there is a minefield of data protection laws to negotiate, so it is essential to know which country your data is physically stored in. “Most organisations don’t even know what data they have,” says Tony Lock, programme director at IT services consultancy Freeform Dynamics. “They are unsure where all the data is and once they’ve found it they are unsure how to protect it.”

The European Union’s Data Privacy Directive is crucial for UK firms. Created to facilitate the free movement of sensitive private information within Europe, it also makes it hard for data to be moved outside the region. Implemented across Europe but with local variations, the requirement for UK firms is to take “appropriate technical and organisational measures” to protect data. Italy goes further and sets out what those measures should be and Denmark requires internet transmission of such data to be encrypted.

But which laws apply, for example, to a British company storing data about UK customers via a contract with a US cloud provider whose servers are located in Poland? At the moment – all three. Within the EU, a company can be prosecuted if it has an established presence in the form of an office and staff, equipment it owns or operates or if it just makes use of a data centre or equipment in a European country.

via How global laws protect your data | Cloud technology | guardian.co.uk.

News Corp. Hires FCPA Expert – Law Blog – WSJ

News Corp. has hired Mark Mendelsohn, a partner in the Washington, D.C. office of Paul, Weiss, Rifkind, Wharton & Garrison LLP who has extensive experience with the Foreign Corrupt Practices Act, to advise it, people familiar with the matter said.

Mendelsohn’s mandate couldn’t be learned.

Until last year, Mendelsohn was in charge of prosecuting suspected violations of the Foreign Corrupt Practices Act for the Justice Department, as deputy chief of the department’s fraud section. He presided over a broad crackdown on corporate corruption abroad, levying record-breaking fines and prosecuting executives for bribery.

via News Corp. Hires FCPA Expert – Law Blog – WSJ.

News Corp. Hires FCPA Expert – Law Blog – WSJ

News Corp. has hired Mark Mendelsohn, a partner in the Washington, D.C. office of Paul, Weiss, Rifkind, Wharton & Garrison LLP who has extensive experience with the Foreign Corrupt Practices Act, to advise it, people familiar with the matter said.

Mendelsohn’s mandate couldn’t be learned.

Until last year, Mendelsohn was in charge of prosecuting suspected violations of the Foreign Corrupt Practices Act for the Justice Department, as deputy chief of the department’s fraud section. He presided over a broad crackdown on corporate corruption abroad, levying record-breaking fines and prosecuting executives for bribery.

via News Corp. Hires FCPA Expert – Law Blog – WSJ.

Google Docs Offline Support Confirmed, Will Make Chromebooks More Functional

Google (news, site) has been on-and-off with offline support in Google Docs. While the cloud service used to have limited offline functionality with Google Gears, it seems Google is adamant at enabling full offline capabilities through HTML 5 and various other technologies, which will enhance the value of its recently released Chromebooks.

At present, users can already gain offline access to documents, although the interface is not exactly what you would expect of a cloud service. Google’s own Cloud Connect syncs documents, presentations and spreadsheets with Microsoft Office applications. Microsoft is also about to launch Office 365, which will provide similar functionality. But what about folks who don’t have a desktop-based office or productivity suite, such as Chrome OS or other cloud-based operating systems?

via Google Docs Offline Support Confirmed, Will Make Chromebooks More Functional.

Alaska Grants a Closer Look at Sarah Palin’s Emails – Law Blog – WSJ

A long-brewing public-records quest has been resolved, with Alaska announcing on Monday that it will release about 25,000 pages of Sarah Palin’s emails this Friday in Juneau.

As of now, the state is only providing hard copies of the emails to those who pay for them, the Anchorage Daily News reports.

The records involve email traffic between the Yahoo accounts of Palin and her husband, Todd, and the about 50 state public officials, according to MSNBC.

News organizations and others requested the emails in 2008 under state public records law, when it became known that she and her staff used personal Yahoo accounts to conduct some state business outside the normal reach of public records requests, MSNBC reports.

The Alaska governor’s office has filed 15 requests with the state attorney general’s office to delay production of the emails, citing state regulations that allow delays when public-records requests are deemed unusually burdensome, MSNBC reports.

The state appears to have finally surmounted the burden, though it will withhold a few thousand pages of emails on the basis of claimed exceptions to public-records disclosure requirements. And some of the emails that are produced will be partially redacted.

via Alaska Grants a Closer Look at Sarah Palin’s Emails – Law Blog – WSJ.

Legal Outsourcing Wave Comes Ashore to the U.S. – The American Lawyer

Pangea3, the Indian legal process outsourcer (LPO) bought by Thomson Reuters last year, opened its first U.S.-based service delivery office in Dallas. It’s the latest expansion effort by a major LPO as U.S. and international law firms seek to slash their costs through outsourcing arrangements.

Legally India reported Monday on Pangea3′s decision to open an office in a former Thomson Reuters facility that can house up to 400 employees in suburban Dallas.

Pangea3 co-CEO Sanjay Kamlani told Legally India that the quality of available legal talent in Dallas, coupled with its proximity to a major international airport and central U.S. location for international travel, were the main factors in the company’s decision to set up shop in Texas.

The New York Times reported last week that some LPOs, including Pangea3, were ramping up the hiring of American lawyers to handle more sensitive client matters — such as military contracts, export control work and some patent matters — here in the U.S.

LPOs have traditionally functioned in low-cost centers like India, which has long sought to corner the outsourcing market through its army of young law school graduates well-versed in English and American legal systems. (Click here and here for previous posts looking inside India’s legal outsourcing machine.)

Last year The American Lawyer’s chief Asia correspondent, Anthony Lin, looked at the growing LPO sector by focusing on leading Indian players like Pangea3, which was bought by Thomson Reuters last November for between $35 million and $40 million.

via Legal Outsourcing Wave Comes Ashore to the U.S. – The American Lawyer.

Expanding e-discovery: law firms are creating formalized practice groups

When David R. Cohen graduated from law school in 1983, he got offers from both Reed Smith and K&L Gates, and ultimately went with the latter, spending 28 years there building up what eventually became the firm’s e-discovery, analysis and technology group.

Now, he will get to do the same thing for the firm he didn’t choose at the start of his career. Mr. Cohen has joined Reed Smith’s Pittsburgh office, where he will head up a new e-discovery and records practice group for the firm.

“It is a necessary aspect of virtually every litigation now,” Pittsburgh office managing partner George Stewart said of e-discovery.

E-discovery is like regular discovery, but involving electronic data, which is sought over the Internet, electronic databases and other realms.

Mr. Stewart said the new practice would be a complement to the litigation services the firm already provides. He said Mr. Cohen’s practice was more than just managing e-discovery in the midst of litigation, but also included developing proactive document retention and litigation readiness policies for companies.

Reed Smith follows a small, but growing, number of firms that are starting to create formalized e-discovery practice groups. Pennsylvania firms K&L Gates, Morgan Lewis & Bockius, Cozen O’Connor, Eckert Seamans Cherin & Mellott, Montgomery McCracken Walker & Rhoads, Pepper Hamilton and Post & Schell all have dedicated practices in the area. Dechert also has an e-discovery practice that stems from the firm’s products liability work and is now used in other litigation matters.

Mr. Cohen said most firms have historically taken the approach that e-discovery is an integral part of litigation and all litigators should be experts in the area. Those firms might create an e-discovery committee, but don’t have a practice focused on the issue. It’s not a crazy approach, he said, but one they quickly find out is a little too complicated to expect every litigator to become an expert.

The best way to protect clients and save them money is to have a dedicated practice, Mr. Cohen said, but the problem is there are few experts in the field to create these practice groups.

via Expanding e-discovery: law firms are creating formalized practice groups.