新闻和来自世界各地的知识的全球EDD的团体编写
摘要:
该法适用于仲裁是仲裁适用的法律不同. 后者导致仲裁员的决定，因为他们做. 前者是指他们的权力来源和其决定的影响 - 法律秩序的规范仲裁. 据territorialist论文, 仲裁没有仲裁发生的特定国家的法律秩序的基础. 这种过时的观念，由简单的事实观察打破，多个法律秩序可能会仲裁. 一些法国学者促进自治区仲裁秩序的概念. 因为他们最终寻求建立这个顺序非常态的订单，他们声称自治positing其认, 他们的想法是圆形的，实际上没有比穿着普通的横向多元化的变种. 但横向多元化的模式没有考虑对仲裁活动的重要排序. 在现代社会中的仲裁是准确地被视为一个复杂的, 三维形式的多元化, 法律秩序 (在) 不完全是国家的 (二) 经常重叠.
工作文件系列
A treasure trove of discoverable information
Attorneys making discovery requests in litigation now have to consider whether and to what extent they will seek information from social networking pages.
There are two ways to get information from social networking sites. The first is to search for it directly and see how much information can be obtained without resorting to an ethics-violating friending subterfuge. There’s nothing wrong with obtaining information that is publicly available; if an adverse party, witness or custodian of data exposes elements of his or her personal universe for any and all to see on a social networking site, it is fair game.
The second way is by discovery request, interrogatory or deposition. If an individual has been identified as one of the key custodians of information in a corporate party to litigation, and that person’s corporate e-mail is being produced, it should by now be standard to inquire if he or she used other personal e-mail services (克. Gmail, Hotmail的, 雅虎 ) to communicate on business-related matters relevant to your litigation. This has to be taken even further now: Does this person have a social networking page, and if so, has this person communicated with anyone on the subject matter of this litigation using the messaging system within that site, and if so, please produce those messages.
Sometime in the not too distant future, litigation hold notices will include social networking pages.
技术支持 Twitter的工具
发布一个新的决定 8 一月 2010 来自法国的高劳动法庭 (最高法院社会庭) 可能会提供一些理由认为，在法国的一方，可以查看一个法国员工的电子邮件和电子存储信息，以确定数据是否是有关美国. 诉讼, 没有员工的知识或存在，这是一个常年在欧盟隐私法和美国之间的紧张显著发展. 发现原则.
欧洲联盟政策，保护个人隐私，几乎总是与美国的政策冲突，授予诉讼当事人的文件和美国的电子存储信息的全面和完整的发现. 法院的行动。冲突在法国尤为严重, 其中一家法国公司参加在中美. 诉讼可以很容易地运行法国阻止规约“相抵触 (Law No. 68-678, as amended), 数据处理法 (克. Law N号法17, as am经修正欧盟指令 95/46 个人资料 (“指令”), 等等.
事实上, 由中美唆使年. 法院, 法国当局甚至有人起诉, 一名法国律师, 根据阻塞的规约。论罪试图遵守美国. 在重新克里斯托弗X法院命令的文件引人注目的生产。, 最高法院, 刑事司, 巴黎, 十二月 12, 2007, No. 07-83228 (法国最高法院坚持一经定罪，对法国律师和€罚款10,000试图收集证据，在一个美国的命令，以方便使用. 司法程序). U / S的例子. 唆使包括重新维旺迪环球S.A. 秒. Litig。, No. 02 CIV. 5571, 2006 轮候册 3378115 at *3 (S.D.N.Y. 2006) (French blocking statute did not subject parties to a “realistic risk of prosecution”) 和Minpeco S.A. v. Conticommodity Servs。, 公司, 116 FRD. 517 at 528 (S.D.N.Y. 1987) (“这是不是在党抵制发现依赖假法的情况，如阻塞的规约拒绝披露”).
在过去的十年, 执政诉讼人的法律’ obligations to preserve and collect electronic discovery materials has developed substantially. Much of this development was spearheaded by a series of leading decisions issued by federal district court Judge Shira A. Scheindlin in a long-running litigation known as Zubulake.[脚注 1] 最近, Scheindlin — in a new ruling that she entitled “Zubulake Revisited: 六年后” — held that many of the document preservation and collection obligations that were first recognized in Zubulake and its progeny by now had become so well established that litigants’ failure to comply with them warranted severe sanctions, both monetary and substantive. Her ruling, in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, 有限责任公司 (SDNY. 扬. 11, 2010), sounds yet another wake-up call to litigants about the seriousness and alacrity with which they must address document preservation and collection once litigation reasonably can be anticipated.
E-discovery was once the sole concern of large law firms involved in large-scale litigation. But as EDD increasingly becomes an issue in smaller cases for smaller law firms, small and solo lawyers are learning some hard lessons about electronic evidence in litigation.
Michael Barnsback, an employment and civil litigation senior associate with DiMuro Ginsberg says e-discovery is increasingly an issue for his 12-attorney firm in Alexandria, 弗吉尼亚州. While it is a challenge, he thinks it can sometimes benefit a small firm like his. He says there was a time when big law firms could count on bigger budgets and staff to out-muscle opposing counsel at smaller law firms. 特别是, the document dump, the practice of sending as many files for review close to the start of a trial, has long been a favorite tactic for overwhelming an opponent. “It’s certainly leveled the playing field for us,” 他说：. “You don’t need a big team to do review. If someone dumps a truckload of boxes on you, now you can scan them, put them in a searchable format, and one person on one computer can find what you need to go into the case prepared.
它总是有用的进入后面的功能在新的软件发展思路的一些有识之士样, 特别是当涉及到SharePoint 2010.
在对微软企业内容管理团队博客最近条目, 亚当Harmetz, 铅方案SharePoint文档和记录管理部经理, 解释如何在SharePoint新功能 2010 建立在SharePoint 2007 而我们所期望的未来.
他说的第一件事情是，文件管理的关键基础设施，许多人在SharePoint推出 2007, 这是首次启用的SharePoint用户应用结构和管理自己的文件，而不是作为一种协作工具，它主要图书馆.
这些特性以及它们与微软Office客户端应用程序的集成使用户能够创造高价值的知识存储库是容易互动和普遍积极用户好评.
的SharePoint 2010 文档管理是建立在离，成功和周围的主要思路，其中包括:
管理非结构化孤岛
使用元数据
浏览器作为文件管理应用程序
电信设备设备制造商阿尔卡特 - 朗讯预留 93 万欧元 ($125.5 万) 定居美国的最后一个季度. 六年前开始的行贿调查.
法美集团表示，它已与美国达成的协议. 司法部和证券和交易委员会根据该会缴纳罚款, 放在一个为期三年的试用期, 并须以一个法国的反腐败监测.
作为交换条件, 司法部将推迟收费，它违反了外国腐败行为法“起诉公司&后;的反贿赂条款.
该协议必须由美国批准. 法院以生效, 根据2月 11 阿尔卡特 - 朗讯公司的监管文件.
“如果敲定, 该协议将涉及到涉嫌违反FCPA的，涉及几个国家, 包括哥斯达黎加, 台湾, 和肯尼亚,” 在这份文件中说，该公司.
阿尔卡特执行基督教Sapsizian中心的调查认罪 2007 安排哥斯达黎加官员行贿，支付获取移动合同.
Worse than a faux pas, that embarrassing slip of the tongue, this was a case of faux Pinot involving French wine traders and local vintners that duped the California wine-making empire of E.&J. Gallo.
The faked red wine produced more than a blush. A court in the medieval town of Carcassonne in southwest France has convicted a dozen people in the scheme in which local wine exported to the United States was passed off as more expensive Pinot Noir. The scheme hit every level of the chain that takes the wine from the vine and gets it to U.S. 消费者.
Claude Courset of the Ducasse wine trading company, portrayed as the kingpin of the scheme, was given the stiffest sentence in Wednesday’s decision, a six-month suspended prison term and a euro45,000 ($61,000) 结束.
“Our wines are irreproachable,” he said in a telephone interview Thursday, adding that he “reserves the right to appeal.”
The company that sold Ducasse’s wine in the United States, Sieur d’Argues, was fined euro180,000 ($244,000).
They had been charged with “fraud in the quality and composition of the wine.”
Eight vintners and wine cooperatives in the Aude and Herault, part of the larger Languedoc-Roussillon region, all charged with deception and forgery, were given sentences ranging from a month suspended prison to fines of euro40,000 ($54,000).
The Carcassonne court described the fraud as “organized and structured.”
Prosecutor Francis Battut said in a telephone interview Thursday that Merlot and Syrah grapes were passed off as Pinot Noir in a scheme dating from January 2006 to March 2008.
A spokeswoman for Gallo, a veritable winemaking empire in the San Joaquin Valley, said the company is “deeply disappointed” that its supplier, Sieur d’Arques, was found guilty, adding that Gallo is no longer selling that wine to customers.
Gallo officials said Wednesday that the only French Pinot Noir that was potentially misrepresented to Gallo was the 2006 vintage.
A suburban Philadelphia school district remotely activates the cameras in school-provided laptops to spy on students in their homes, a lawsuit filed in federal court Tuesday alleged.
According to the lawsuit filed by a high school student and his parents, the Lower Merion School District of Ardmore, 霸. has spied on students and families by “indiscriminate use of and ability to remotely activate the Webcams incorporated into each laptop issued to students by the School District.”
约 1,800 students at the district’s two high schools have been given laptops as part of a state- and federally-funded “one-to-one” student-to-laptop initiative.
Michael and Holly Robbins of Penn Valley, 宾夕法尼亚州, said they first found out about the alleged spying last November after their son Blake was accused by a Harriton High School official of “improper behavior in his home” and shown a photograph taken by his laptop.
An assistant principal at Harriton later confirmed that the district could remotely activate the Webcam in students’ 笔记本电脑. “Michael Robbins thereafter verified, through [Assistant Principal] 女士. Matsko, that the school district in fact has the ability to remotely activate the Webcam contained in a student’s personal laptop computer issued by the school district at any time it chose and to view and capture whatever images were in front of the Webcam, all without the knowledge, permission or authorization of any persons then and there using the laptop computer,” 诉讼指出.
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