Prosecution and Defense of Stock Option Backdating Cases
September 27, 2007
Backdating is different from conduct typically alleged as stock fraud because it is not in itself illegal. So long as the backdating of options is accompanied by proper accounting treatment and public disclosure, there is no securities law violation. Backdating cases thus have come to be thought of largely as accounting cases. As a result, a potent potential defense has emerged for corporate officers who may have known backdating was occurring but, because they did not have hands-on responsibility for their company's financial or accounting practices, were unaware of the accounting or disclosure consequences of that practice.
Complying with the FCPA in Emerging Markets After SOX
September 27, 2007
The recent settlement of parallel FCPA actions in the Southern District of Texas against Baker Hughes, Inc., a major oilfield service company, and its wholly owned subsidiary Baker Hughes Services International Inc. (collectively 'Baker Hughes'), underscores the importance of complying with the FCPA's provisions in emerging markets.
Analyzing Instant Messaging As Evidence
September 27, 2007
Instant messaging is an increasingly popular medium that is sometimes an important link in the prosecution's case. As with every new communication tool, it brings new challenges for criminal procedure. This multi-layered technology provides the convenience of e-mail coupled with the immediacy of a phone call. At the same time, its informality allows anonymity and raises concerns about privacy, authentication, best evidence and identification.
Foreign Companies Prosecuted in the U.S. for Bribes Overseas
September 27, 2007
In an effort to level the playing field for U.S. businesses overseas, many OECD countries adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in 1998. Nearly 10 years later, the main result may have been to enlarge the playing field of U.S. law enforcement.
Litigation Data Analysis Strategies For Legal Teams
September 27, 2007
The need for lawyers to leverage technical knowledge to prepare a case for the courtroom is escalating rapidly. But attorneys should take note that e-discovery requiring knowledge of ESI and access to experts to help litigation teams isn't confined to the Fortune 500.
Avoiding Common Collection Blunders
September 27, 2007
Electronic discovery is filled with pitfalls and mistakes that can be avoided with proper planning and preparation. One area that can have the greatest impact on the defensibility and the cost of e-discovery is evidence collection. The effective execution of this phase will go the farthest in improving overall e-discovery success while lowering associated risks. In other words, if data is harvested and restored in a legally defensible, forensically sound manner, then the overall project will have a much better chance of achieving a favorable or expected outcome. Following are some common mistakes often encountered in e-discovery ' and some advice on how to avoid them.
Note to Subscribers
September 27, 2007
Dear Subscribers: It is with great regret that we must tell you that this, the October 2007 Issue, will be the last for e-Discovery Law & Strategy. We appreciate your support and praise for our newsletter, and hope that we in ALM can serve you with another newsletter in the future (go to the LJN Home Page at www.ljnonline.com to see a full rundown on our remaining 22 titles). …
