Bribery law breaches can cost U.S. firms dearly | Business Insurance

As global expansion among mid-market companies and the federal government’s enforcement of the Foreign Corrupt Practices Act trend upwards, experts say now is the time for executives and their employees to educate themselves on the law’s finer points.

Helping executives at midsize firms address people risks, such as benefits, workers comp and professional liability; property and liability risks, including insurance and loss control; and operational growth risks such as M&A and product development.

Enacted in 1977 to combat bribery among U.S. companies doing business overseas, the law essentially prohibits firms and their representatives from paying any operative of a foreign government in exchange for contracts, unfair business advantages or other considerations.

The U.S. Department of Justice’s enforcement of the law has increased 300% in the past 10 years, rising to 24 such enforcement actions in 2010. The U.S. Chamber of Commerce has made it a high priority to try to win changes in the law. Other business groups also have criticized on the law saying it puts U.S. companies at a competitive disadvantage in markets where bribery or other conduct prohibited by the law is customary.

While publicly traded companies are held to a stricter standard—including bookkeeping and internal control documentation—experts said smaller and midsize private companies and nonprofits should expect just as much scrutiny from federal regulators as their larger counterparts.

Criminal penalties for violation of the FCPA can carry fines of up to $2 million for companies and $100,000 for individuals—not to mention jail time—or, under the Alternative Fines Act, up to twice the cash value of the benefit sought in making the bribe or other corrupt payment. The government also can impose civil fines of up $10,000 per employee convicted of violating the anti-bribery law.

via Bribery law breaches can cost U.S. firms dearly | Business Insurance.

Facebook, Myspace, Fair Game as Evidence in Court – Law Blog – WSJ

Recent plaintiffs continue to find themselves slapped with evidence from social networking sites that endanger or even completely derail their cases, despite attempts to argue that such information is protected.

We’ve written before about the growing trend of lawyers mining social media sites for evidence against opposing parties, and recent court decisions have affirmed the unprivileged nature of said information.

For instance, both parties to a case asked a district court in Pennsylvania last month to conduct a review of the plaintiff’s social networking profiles to determine what was subject to discovery.

The court proceeded to identify relevant information, such as “photographs and comments suggesting he may have recently ridden a mule,” which the court thought the defense could used to argue against the plaintiff’s claims that a car accident had left him physically and psychologically injured. Read more on this here.

via Facebook, Myspace, Fair Game as Evidence in Court – Law Blog – WSJ.

10 e-Discovery Trends in the Cloud

Cloud computing is rapidly changing the way enterprises go about their business. Over the past 18 months we have noted a trend amongst enterprises to take their e-Discovery in-house. According to email and archiving security vendor Proofpoint, the economy available through the cloud is going to speed up the process and by the end of this year in-house e-Discovery could well be the norm.

The move in-house will be driven by organizations looking to lower legal expenses while gaining more control over the e-Discovery workflow.

Proofpoint says it also expects cost to be a driving factor in accelerating the adoption of archiving in the cloud over traditional on-premise technologies.

As a provider of SaaS email security, email archiving and data loss prevention solutions, Proofpoint has made it its business to protect email boxes across private and public sector enterprises. Leaving aside its private sector deployments, it has over one million US government and defence inboxes under its care so for its own survival it needs to know.

So where is e-Discovery going for this year? According to Proofpoint and based on its interaction with customers and legal professionals in email archiving and e-Discovery, it has noted ten trends that will unfold as the year progresses:

via 10 e-Discovery Trends in the Cloud.

U.K. Mobile Phone Operator to Offer Unlimited Internet Access – NYTimes.com

A British mobile phone operator said Tuesday that it would offer unlimited mobile Internet access, bucking the industry trend of charging based on the amount of data consumed.

Analysts were divided over whether the decision by 3 U.K. would prompt rivals to follow suit and change their own mobile plans, which scale monthly prices based on download volumes and speeds.

“This is another maverick move by a known disrupter,” said Emma Mohr-McClune, an analyst based in Germany for Current Analysis, a research firm in Sterling, Virginia. “I don’t think this is going to set a trend, but if 3 takes market share, it might.”

3 U.K., a unit of Hutchison Whampoa, based in Hong Kong, is the fourth-largest mobile operator in Britain and is known for offering the lowest-cost plans. The company’s unlimited data offer is limited to the British market, according to documents describing the new pricing plan obtained by the International Herald Tribune.

In Europe, 3 also has networks in Italy, Sweden, Denmark, Ireland and Austria.

via U.K. Mobile Phone Operator to Offer Unlimited Internet Access – NYTimes.com.

Why Wi-Fi is bad for business – Computerworld

The Los Angeles Times this week chronicled a new trend in coffee shops — no more Wi-Fi. They listed some Silicon Valley coffee joints that have either shut down Wi-Fi altogether or started restricting use during busy times of the week.

New York Times writer Nick Bilton recently described his shock and horror after being told by a Manhattan coffee shop employee that he wouldn’t be allowed to use his Kindle. Not only does the store offer no Wi-Fi, they don’t even want you using a quasi-computer that doesn’t need Wi-Fi.

The problem is that coffee houses have been taken over by laptop homesteaders. Annoying bandwidth hogs buy cheap cups of coffee, then tie up tables for hours.

Even coffee places without official computer-use policies are asking people to move along when no tables are available to paying customers. This happened to me recently. I went early to a popular local coffee house and bakery in L.A. I was at first the only customer. An hour later, however, the place was packed. The owner approached me and politely asked me to take a hike.

Coffee shop owners have noticed a disturbing evolution: Offering Wi-Fi thrills selfish digital cheapskates who want to sponge off the free connectivity, but it angers the best customers — those who want to spend a lot of money, enjoy a table for 10 minutes and leave.

via Elgan: Why Starbucks will win the Wi-Fi wars – Computerworld.

Delisting Watch: Daimler the Latest to “Go Dark” in U.S.

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Daimler’s delisting is the latest sign of German companies abandoning U.S. capital markets, opting instead to list solely in Frankfurt, re-fortified. The planned delisting and deregistration of Daimler AG is the latest in this months-long trend, propelled by the growth of Frankfurt and its Xetra electronic exchange, despite a weakening euro. It is also residual of Daimler’s bitter end in the Chrysler saga.

The carmaker announced its intention to “go dark” in a letter to the New York Stock Exchange, detailing its plans to delist its shares and to deregister with the SEC. As cited in a statement by Daimler, the primary reason for the planned listing is “a significant change in the behavior of international investors, who now primarily trade in Daimler shares in Germany and through electronic trading platforms.” Of note, however, Daimler, in its recent annual report, reported consistently low trading volumes in the United States, which amounted to well below 5% of the worldwide trading volume.

via Delisting Watch: Daimler the Latest to “Go Dark” in U.S..

Supreme Court Justices Consider Courts’ Role in Arbitration | National Law Journal

The U.S. Supreme Court’s pro-arbitration trend appears intact after oral arguments Monday in a key case asking whether it should be courts or arbitrators themselves who rule on the enforceability of an arbitration agreement.

Consumer groups say the outcome of the case, Rent-A-Center, West v. Jackson, could determine whether courts have any role in overseeing arbitration clauses in labor agreements, which they see as biased toward employers. Business groups, for their part, don’t want courts second-guessing what they see as validly agreed-upon arbitration agreements.

“If companies win, this really will be a watershed case,” said Deepak Gupta, an attorney for Public Citizen, which asserts that arbitrators rule against consumers 94 percent of the time.

During the past two decades, the high court has generally ruled to strengthen the enforceability of arbitration agreements. On Monday, few justices appeared eager to change that trend, though several seemed to believe that courts should play some role in checking especially egregious agreements. Dallas lawyer Robert Friedman of Littler Mendelson, representing the business side of the case, urged the Court to continue its practice of “sending very, very complicated matters to the arbitrator” rather than the courts

via Law.com – Supreme Court Justices Consider Courts’ Role in Arbitration.

Business and the Way of Democracy – NYTimes.com

Much like transitions to democracy over the past four decades transformed governments from mostly authoritarian to mostly democratic, we are currently witnessing a transformation of global corporations from a more or less opaque shareholder-centric model to a more transparent multi-stakeholder model.

The 1970s witnessed the beginning of a global trend toward the democratization of authoritarian and totalitarian regimes. This first appeared in Greece with a coup that led to democracy, continued in Portugal and culminated in Spain with a paradigmatic transition from Franco to democratic government. To this day all three countries continue to be thriving democracies.

The trend continued into the next three decades. Starting with the Polish Solidarity movement and epitomized by the fall of the Berlin Wall in 1989, democratization swept through the former Soviet bloc. Likewise, today most of Latin America can claim the democratic mantle. Successful transitions occurred in such diverse places as South Africa, the Philippines, Indonesia, Mongolia and even Iraq.

The yearning for greater political transparency and accountability continues sometimes tragically, as Iran currently exemplifies. The case of China remains a unique experiment in the liberalization of economics but not politics. Despite some business-related legal reforms, China may remain the exception that proves the rule.

As to global companies, increased government pressure and stakeholder demands for accountability (from employees, investors, customers, non-governmental organizations and others) are creating a similarly catalytic turning point that is beginning to yield a more transparent business model.

[continued] Op-Ed Contributor – Business and the Way of Democracy – NYTimes.com.

Law Firms Promote Fewer Senior Associates to Partnership

Fewer associates are winning promotion to partnership this year, a trend industry experts say is a result of the economic downturn

This month, Cleary Gottlieb Steen & Hamilton elected four new partners firmwide, half as many as in 2008, while Latham & Watkins cut its firmwide promotions 25 percent to 23. Ropes & Gray named one third fewer with eight new partners, while Proskauer Rose named four to partnership, one less than in 2008. Wachtell, Lipton, Rosen & Katz, the most profitable firm in the country, this month named two new partners, down from six last year.

Consultants say the trend likely is a reflection of the financial condition law firms have found themselves in, with demand for legal services down and profits falling. Making partner had already become tougher in recent years, Dan DiPietro, advisory head at Citi Private Bank's law firm group, said via e-mail. With the recession, he added, “the bar has been raised on what it means to become an equity partner and to stay an equity partner.”

He added, “While I don't think the economic meltdown caused this trend, I do believe the trend accelerated as a result.”

The bulk of promotions at law firms are expected to be announced over the next two months. But several firms have already made their decisions known, and most have elevated smaller classes.

[continued] Law.com – Law Firms Promote Fewer Senior Associates to Partnership.