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One tool used by for-profit and non-profit firms alike to plan to achieve specific goals is SWOT analysis. At its most basic level, a firm identifies its strengths, weaknesses, opportunities and threats when decision-makers ' and others, if the process is planned that way ' thinking about how to achieve one goal, or more.
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The DOJ has brought cases against companies and individuals in relation to their dealings with state-owned enterprises based on a broad reading of the term "instrumentality," a term not otherwise defined in the statute prohibiting corrupt payments to "foreign officials.
This article examines recent charges and settlements suggesting a new approach by federal authorities to foreign bribery.
Transferring files has always been a challenge for law firms. Law firms employ various methods ' from snail mail to e-mail ' but all these methods lack efficiency. When Arnstein & Lehr LLP, founded in 1893, was faced with the persistent challenge all law firms face when it comes to transferring files, we began to research different solutions to help streamline the process.
Due to the high volume of electronically stored information, document review and production is often the most expensive part of the discovery process. In an effort to lower the costs of litigation discovery, Squire Sanders invested in an assessment of next-generation intelligent discovery tools and processes.
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In collecting and analyzing massive amounts of legal helpdesk ticketing data, including more than 600,000 helpdesk tickets within a recent nine-month time frame, legal-specific outsourcers and internal helpdesks alike pinpointed a noticeable, albeit predictable trend: More than 50% of all tickets resolved by the helpdesk relate to Microsoft Office products, with Word and Outlook leading the charge.
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In almost every respect, e-discovery falls squarely in the domain of attorneys ' inside counsel, outside counsel and experts. Essentially, it is the business process for litigation, regulatory matters and internal investigations. So why is IT involved in almost every situation? The answer is quite simple: because IT must be involved.
Lawyers in Silicon Valley are dealing with a new wave of privacy class actions involving online advertising. Plaintiffs accuse companies of misdeeds ranging from improperly selling users' information to tracking consumers' online activity without their consent or knowledge. There's one thing defense and plaintiffs' attorneys can agree on: Current U.S. laws do not clearly define what online companies can and can't do, nor what remedies are available for violations.
In Part One of this article, in the December 2010 issue, the author detailed some recent online frauds and scams involving the use of a company's intellectual property. Part Two finishes that examination and provides some preventive measures that can be taken to avoid being the target of those scams.
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In <i>Tiffany v. eBay</i>, the Second Circuit affirmed the District Court's ruling in favor of eBay on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising. The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention.