FCPA的精华报告增加了个人的检控, 重点行业遵守 — 新华美通

“在某些方面 2009 可以被看作是“反海外腐败法”风暴前的平静,” 菲利普Urofsky说, 总部设在华盛顿的合作伙伴在Shearman & 英镑和公司负责人&后;小号FCPA和全球反腐败的实践. “不像后期的西门子公司和Halliburton / KBR公司的检控 2008 和早期 2009, 这导致在破纪录的处罚 $1.5 亿美元, $600 万, 分别为, 许多企业的情况下带来了 2009 涉及规模较小的公司和规模较小的罚款。”

“但,” 他补充道, “在最近的几个星期和几个月, BAE ($400 million), 德希尼布 ($400 million), 戴姆勒 ($200 million), 阿尔卡特朗讯 ($200 million) 和, 最近, 埃尼万million) 所有宣布,他们已经解决或接近解决长期运行的“反海外腐败法”调查与司法部和证券交易委员会. 而其他一些公司已经宣布,他们将在不久的将来完成与美国司法部和证券交易委员会的谈判。”

“这些起诉表明,奥巴马政府打算继续把对外国公司和外国政府的压力,根据经济合作与发展组织公约“的履行承诺, 在此期间, 填补外国执法不严左侧通过积极利用美国的差距. 管辖权,” Urofsky增加. 此外, 他指出:, 高级司法部和证券交易委员会的官员已经答应了强大的执法程序, 包括侧重于具体的业务部门的积极主动的举措, 尤其是制药业.

从数字的角度来看, 个人FCPA的检控急剧上升 2009 - 从 16 in 2008 到 42 in 2009. 公司事务 - 从 18 发起的事项 2008 刚 13 in 2009.在

“多年来, 因为法律的成立以来, 1977, FCPA的检控增加了相当一贯, 与 2007 是一个分水岭的一年,尤其是高活性,” 解释丹福思纽科姆, 纽约创办的Shearman & 英镑的“反海外腐败法”的做法. “虽然我们&后;在不 2007 企业起诉的总人数方面的活动水平, 企业不应该哄骗到一个虚假的安全感,政府是不感兴趣或致力于打击反腐败. 事实上, 使用积极的调查手法,如卧底 ‘蜇’ 演示操作,同时在执法供应的情况下逮捕和搜查令,政府的意志和资源使用的检控,惩罚错误的实干家和,以防止他人效仿。”

通过 FCPA的精华报告增加了个人的检控, 重点行业遵守 — 纽约, 三月 29 /新华美通/ –.

Trends in the Development of Court Practice for Foreign Trade Businesses | “莫斯科时报”

Although Russia’s foreign trade turnover contracted by 40 %在 2009 相比 2008, the Russian customs authorities still managed to meet the budgeted target for the remittance of customs proceeds, which was reduced by the government by only 20 百分之. According to the Federal Customs Service, this became possible owing to the increased efficiency of customs administration for imports.

In the absence of effectively functioning new technologies for customs administration, the customs authorities solve the task of collecting customs payments using a risk-management system. The so-called risk profiles make up the core of the system. Practice shows that this approach creates conditions for dramatic increases in unlawfulness and administrative abuse.

Court disputes with customs authorities aptly illustrate this issue.

According to the Federal Customs Service, the number of judicial appeals against the decisions and actions of the customs authorities has more than doubled. 在 2008, fewer than 8,000 appeals were filed, 而在 2009, 以上 16,000 appeals were filed. The categories of lawsuits considered by courts were distributed as follows:

• about 46 percent were on the adjustment of customs value

• about 30 percent were cases involving administrative offenses

• about 7 percent were on the reclassification of goods

• and on the refund of overpaid customs payments, though most of the decisions resulted from the adjustment of customs value, 8 百分之.

Statements of claim filed on other customs grounds amounted to 9 percent of the total.

In 2009, the number of customs disputes considered on their merits by state arbitration courts soared by almost 40 百分之, reaching 14,000 (in 2008, the number of cases was a little more than 8,000). State arbitration courts upheld more than 70 percent of the claims filed by foreign trade businesses.

通过 Trends in the Development of Court Practice for Foreign Trade Businesses | “莫斯科时报”.

欧洲联盟: 隐私和安全之间求取平衡 : 互联网商业法

EU prepares new negotiations with US government on transfer of bank data for purpose of fighting terrorism.

The commission is asking EU leaders to authorise new talks after parliament rejected the previous so-called SWIFT deal amid concerns that it posed a threat to privacy. MEPs also expressed their desire to be consulted more during the negotiating process.

张柏芝马尔姆斯特伦, the new commissioner for home affairs, says she will press for stronger privacy safeguards and make sure parliament is informed at all stages of the talks.

The future agreement should also be reciprocal, so that the US would have to provide similar banking data if the EU decides to set up its own programme for tracking funds supporting terror groups.

Terrorism remains among the main threats that EU security has to face and we need to put in place tools that are up to the task, allowing for effective international cooperation,” 她说:.

SWIFT stands for the Society for Worldwide Interbank Financial Telecommunication, a messaging network used by some 8000 banks and financial institutions worldwide. The SWIFT database records millions of international bank transfers every day.

通过 欧洲联盟: 隐私和安全之间求取平衡 : 互联网商业法.

Making E-discovery an Internal Function | ComputerWorld.com

NBC Universal is one of the largest media and entertainment companies in the world. Chief Information Security Officer Jonathan Chow and his team manage information security for several business lines within NBCU, including its broadcast and cable television to film production, online ventures and its two theme parks in Hollywood, California and Orlando, 佛罗里达. Among one of the biggest challenges in the last few years has been the incredible explosion in demand for e-discovery services, according to Chow.

Since different legal teams handle the needs of each line of business, the workflows associated with managing electronic discovery vary as well, adding another layer of complexity. And because of the growing number of cases, and increases in both the amount of electronically stored information and hours spent supporting the process, demand for e-discovery services has increased 30 到 50 percent annually. The costs were spiraling out of control and this sent Chow looking for a way to manage the process internally.

[继续] Making E-discovery an Internal Function.

议员们希望联邦贸易委员会对谷歌BUZZ探头 | ComputerWorld.com

Eleven U.S. lawmakers have asked the U.S. Federal Trade Commission to investigate Googles launch of its Buzz social-networking product for breaches of consumer privacy.

The representativessix Democrats and five Republicans from the House Energy and Commerce Committeenoted in their letter that Googles roll-out of Buzz exposed private information of users to Googles Gmail service to outsiders. 在一个案例, 一个9岁的小女孩不慎共享谁拥有她一个人在Gmail联系人列表 “性的收费” 用户名, 议员们在信中说, 发送到联邦贸易委员会周五和周一公布.

“由于个人的在线隐私是这样的工具的影响 — 直接或间接 — 我们认为这些说法值得通过谷歌Buzz的委员会审查谷歌公开披露消费者的个人信息,” 说,这封信, 组织的代表约翰巴罗, 乔治亚州的民主党.

在原来的Buzz的公版, 二月推出, 程序编译的Gmail联系人列表中的用户最频繁的电子邮件或闲谈与自动开始下面的那些人. 这些名单被公开, 给陌生人访问Buzz用户的联系人.

从Gmail用户的投诉,有小雪, 和谷歌一两天内改变到Buzz.

通过 议员们希望联邦贸易委员会对谷歌BUZZ探头.

全球的EDD集团实现便携式电子发现解决方案

GLOBAL EDD GROUP IMPLEMENTS PORTABLE E-DISCOVERY SOLUTION
Expands Intelligent EDD℠ Services With Addition Of Portable Processing

克利夫兰, 俄亥俄 (29 三月 2010) - 全球电子的发现 & 披露集团 (“全球EDD集团”), 精品咨询公司,提供全球各地的创新的法律技术解决方案, today announced the addition of Portable Processing to its Intelligent EDD℠ line of legal technology services. Developed to be utilized at virtually any location with dependable power and connectivity, Portable Processing enables Global EDD to provide a full suite of early case assessment and electronic discovery services at onsite and near site locations across the globe without the cost, time and headaches typically associated with the shipping of servers, workstations and monitors.

“We have worked closely with our technology partners to develop an innovative early case assessment and electronic discovery processing solution that is portable, scalable and cost effective,” stated Brad Mixner, Founder and Managing Principal of Global EDD Group. “This enhancement to our Intelligent EDD Services provides a significant advantage to our clients and alliance partners managing cases with tight deadlines, data privacy, intellectual property or related security concerns. Our mobile teams can be onsite and operational with short notice, with the ability to preserve, 分析, process and review data on the same day.”

The Intelligent EDD Portable Processing service combines industry standard software and purpose-built hardware within a modular system that can be easily transported with the mobile teams to virtually any location in the world within 48 小时. Key highlights of the service include:

  • Data Analytics and Dynamic Reporting
  • File Culling and Deduplication
  • 文本, Metadata and Attachment Extraction
  • XML的, TIFF格式, TXT and Native File Exports
  • First Pass Document Review
  • Language Identification

“In essence, it’s a mobile office. ESI processing, review and analysis all within the secure confines of the client’s office. 现在, when a client asks if we process data in Asia, 欧洲, South America or Timbuktu, the answer is ‘Yes.’” noted Joseph Turner, 主, 全球预产集团.

关于全球EDD的集团

全球电子的发现 & 披露集团 (“全球预产集团”) 成立由Mixner弥合国内组织和其不断增长的国家和国际法律的技术需求之间的较大差距的视野. 全球预产集团为客户提供一个国家或国际范围内的事项的法律技术服务, 在远程和现场服务范围从专业数据识别文件审查. Global EDD Group is based in Cleveland, 俄亥俄, 美国,在旧金山和纽约市的区域办事处. 其他信息可通过访问 www.GlobalEDD.com.

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Victorinox introduces Secure Pro Swiss Army knife model with up to 32GB USB drive | The Toybox | ZDNet.com

A Swiss Army knife retains a lot of tools, but sometimes I get greedy and wish that mine could offer just a little more. Perhaps something more…modern. It looks like USB storage is the next step.

Victorinox has debuted the Secure Pro USB model, which they are dubbing as “tamper-proof” and “un-hackable.”

While there have been USB keys added to previous Swiss Army knife models, this is the first edition that promises ultimate security. And it’s not all talk, 无论. The company put its money where its mouth was and put the Secure Pro to the test.

At a contest held in London, Victorinox was offering a £100,000 cash prize ($149,000) to a team of professional hackers if they could break into the USB drive within two hours. They failed.

Some of the security layers on the Secure Pro include a thermal sensor, biometric fingerprint recognition technology and a self-destruct mechanism. So for anyone wanting to pretend they are James Bond, here is the chance.

As for other tools on the Secure Pro, you’ve got your basic blade, scissors, screwdriver and nail file. It would be perfect with a can opener.

通过 Victorinox introduces Secure Pro Swiss Army knife model with up to 32GB USB drive | The Toybox | ZDNet.com.

没有在iPad上的Flash? 没有问题. Brightcove公司变成HTML5的视频. – washingtonpost.com

The lack of Flash on the  iPad is a sore point for many and often listed as one of its greatest potential weaknesses. Not allowing Flash on the iPhone is bad enough, but on the larger iPad with full-screen browsing, its absence will be much more noticeable. Or will it? Already the Web is adapting. Videos powered by  Brightcove, 例如, will stream in an HTML5 video player when it detects an iPad. On the iPhone browser, the video thumbnail will open up the Quicktime player. It will also work on Android phones. Brightcove CEO Jeremy Allaire is agnostic about the Flash Vs. HTML5 debate. “HTML5 is great,” 他说:. “It is an open standard, and firmly entrenched in the Apple device platform. Flash can’t reach those platforms for political and business reasons.But HTML5 simply cannot do everything Flash can, especially when it comes to supporting advertising, audience measurement, customized players, and social sharing.

通过 没有在iPad上的Flash? 没有问题. Brightcove公司变成HTML5的视频. – washingtonpost.com.

希尔曼 & 英镑推出在线, 检索,其“反海外腐败法”精华版

希尔曼 & Sterling’s FCPA & Global Anti-Corruption Practice has launched an online, searchable version of its industry-leading FCPA Digest. For years an invaluable resource to the business and legal community, the newDigest 2.0incorporates the comprehensive case summaries of the original Digest while providing access to primary source documents and the ability to search and sort the database to identify FCPA cases in particular industries and geographies as well as mode of payments, amount of sanctions, and other search criteria.

Users will be kept current with new summaries published as the latest developments are announced. New developments will be pushed to users who register at http://fcpa.shearman.com/.

According to Philip Urofsky, head of Shearman & Sterling’s FCPA & Global Anti-Corruption Practice, “We hope this will be a useful tool for CEOs, GCs, chief compliance officers, business executives, the general public and the media. Together with our bi-annual Trends & Patterns in FCPA Enforcement and periodic practical analyses of specific matters will, 我们希望, assist business in navigating some of the difficult issues they face in doing business internationally. 此外, as non-U.S. enforcement increases, we will be expanding the coverage to include such matters, and we invite the international community to advise us of anti-bribery developments in their countries.

通过 Shearman & Sterling律师事务希尔曼 | Shearman & 英镑推出在线, 检索,其“反海外腐败法”精华版.

Acrobat.com adds Workspaces | Examiner.com

Some things get better with age. Adobe’s Acrobat.com has markedly improved as it has gone through a number of revisions and upgrades. Now the morphing of Acrobat.com has resulted in an even more valuable tool as Adobe has added Workspaces to Acrobat.com.

The concept behind Workspaces is simple. Workspaces provide a location where business users can store, 份额, and collaborate on multiple documents. It’s a rather straightforward concept, but one that has real value. How many projects have suffered because someone on the team didn’t receive an important document sent as an e-mail attachment? Even worse, how many projects have stumbled because different team members had different versions of the same document? Probably more than we can count.

By incorporating Workspaces into Acrobat.com, Adobe is attempting to offer users a tool to overcome exactly these kinds of issues. According to Acrobat.com’s Rick Treitman, “Workspaces create a place where documents can live and version control can be easily managed. This is very useful in project management where both internal and external teams need to work together exchanging and managing files.”

通过 Acrobat.com adds Workspaces.