Data Security Breaches Offshore
December 22, 2006
Outsourcing decisions should be based in part on a comparison of data security in-house and at each vendor location; generally this is evaluated in terms of staff vetting, physical access security, database security, communications security, etc. But another vital consideration should be the effectiveness of each candidate location's legal preventive measures and remedies for data theft or misuse ' and the complexity and cost of securing those protections. This article, which surveys the state of data security legal protections in India, shows that making such a comparison is no simple matter.
Just-in-Time Benchmarking
December 22, 2006
Benchmarking has long been a difficult undertaking for private service providers and for law firms in particular. While firm partners historically have tracked firm-wide metrics such as billings, profits per partner and individual productivity, firms have until recently not had the means or opportunity to benchmark performance at the practice group, office location and timekeeper level with any accuracy or currentness.<br>This article, as the title implies, discusses how refined performance measures are made possible by a new benchmarking tool, West Peer Monitor' from Thomson West
Client Attrition Analytics
December 22, 2006
While the managers of professional services firms often view market pressures as the driving force that determines whether clients remain loyal or choose to shop elsewhere for added services, a new study by the Redwood Think Tank indicates that firms have tremendous sway over which clients become long-term business partners.
Verdicts
December 22, 2006
Recent rulings of interest to you and your practice.
Policing Employees' Online Access at Work
December 22, 2006
What are the risks for employers in instances where employees use company computers to access, view, download, store and possibly forward pornography or engage in illegal activities? How can corporate counsel both prevent these abuses and handle investigations if they suspect some kind of prohibited conduct is occurring in the workplace?
EEOC Information Requests
December 22, 2006
Understandably, companies have become more sensitive about protecting confidential, proprietary business information from disclosure to competitors and others outside the company. A recent ruling by the United States District Court for the District of Columbia, <i>Venetian Casino Report v. EEOC</i>, 2006 WL 2806568 (D.D. Cir. 2006), demonstrates that such disclosures may occur in the most unexpected ways.
The Price of Holiday Parties
December 22, 2006
Now that the holiday season is over, employers may be facing fallout from their holiday parties. Although a review of recent cases asserting social host and workers' compensation liability reveals few reported decisions, there is likely no corresponding reduction in risk, and the increasing number of employers hosting holiday parties in recent years prompts an analysis of the challenges employers face in planning their annual holiday parties. It is not too soon to plan for next year's celebrations, while the experience from this year is fresh. This article discusses illustrative cases and suggests a number of concrete steps employers may wish to consider to reduce injuries and potential liabilities in planning their next holiday parties.
Beware the Gatekeeper
December 22, 2006
Last month, we explained that valuation issues come into play throughout Chapter 11 business reorganization cases. We discussed how to recognize the uncertainties underlying expert valuation conclusions; enterprise/going concern value; and the fact that the goal of any valuation is to make an estimate based on an informed judgment that embraces all facts relevant to future earning capacity and hence to present worth, including, of course, the nature and conditions of the properties, the past earnings record, and all circumstances that indicate whether or not the record is reliable criterion of future performance. We conclude this month with a discussion of expert evidence.
Automotive Insolvencies
December 22, 2006
The unique environment of the automotive industry has resulted in the insolvencies of tier-one and tier-two suppliers developing distinct characteristics. Unlike many industries, automotive suppliers typically have only a handful of customers, without whom they have no business to reorganize or sell in an effort maximize values for creditors. This gives customers significant control in the options a debtor has when faced with severe financial distress. However, because of Original Equipment Manufacturers' (OEM) just-in-time methods of production ' unlike customers in many businesses that can simply decide not to do business with an insolvent entity ' OEMs and large tier-one suppliers cannot purchase automotive parts or assemblies elsewhere.
