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Managing the New Company Thief
November 17, 2006
It used to be that an employee desiring to steal $2 million from your company would have a hard time doing so unnoticed. Today, that employee can do so undetected while having a casual conversation with you in the office.
U.D. Registry, Inc. Topples California Security Freeze Act
November 17, 2006
In a decision that may have repercussions throughout the United States, a California Court of Appeal has ruled that California's Security Freeze Act violates the First Amendment because it precludes the reporting of information contained in public records. The challenge to the Freeze Act was brought by U.D. Registry, Inc. ('UDR'), a company that maintains information on tens of millions of people in California and elsewhere, providing landlords and property managers with reports about prospective tenants. UDR had challenged California's freeze law, Cal. Civil Code §1785.11.2, as unconstitutional. The appellate court, however, also reversed an injunction that had completely barred the state from enforcing the law, and directed a new injunction be issued barring enforcement against UDR only.
Outsourcing to India
November 17, 2006
As a growing number of companies seek more centralized and less expensive methods of processing information, they are turning to offshore outsourcing to fulfill many of their business and human resources processes. Given India's success in building a significant share of the offshore business process outsourcing ('BPO') market, a significant portion of the data is now being processed in India. Recently, there have been allegations that call center employees based in India have stolen data outsourced to Indian service providers. Regardless of whether these allegations represent a trend or are just dramatic headlines, there have been concerns raised about the security of data held by Indian service providers, and the remedies that non-Indian companies may have in India in the event of a breach, either to seek recourse against the offender or to prevent the misuse of data. This article describes some of the remedies that are available to companies to deal with and prevent the misuse of data in India.
Offshore Outsourcing: Protecting Privacy A World Away
November 17, 2006
Business Process Outsourcing ('BPO') to offshore service pro-viders has become an integral part of the global economy, finding particular success in the financial services, health care, and IT industries. To cite just a few examples, an estimated 400,000 American IRS tax returns were prepared in India last year, while as much as 30% of all medical transcription is now done overseas. Studies confirm that offshore BPO will not only continue to grow, but accelerate in the years to come. One study projects that by 2010, the world's 100 largest financial institutions will move $400 billion of their cost base offshore, saving an average of just under $1.5 billion annually each. The same survey also forecasts that by 2010 more than 20% of the financial industry's global cost base will have gone offshore.
The Government: Both a Problem and a Solution on Security Breaches
November 17, 2006
As private entities in virtually all industries have faced private data security breach challenges, we also are seeing the parallel rise of security breaches involving government entities. These recent breaches — led by the enormous publicity surrounding the Veterans' Administration loss/theft of a laptop containing the personal information of more than 26 million veterans — have focused attention on the government as both the collector of enormous amounts of personal information and the source of many security problems. With this new attention, the government needs to redouble its efforts to improve overall security and focus leadership attention on developing best practices that can both protect against government breaches and provide useful information to private sector entities facing the same challenges.
Bingham To Open Hong Kong Office
November 14, 2006
Coming late in the game to the China market, Bingham McCutchen announced on Nov. 13 that it will open a Hong Kong office on Jan. 1.
An Overview of China's New Bankruptcy Law
November 06, 2006
After a long gestation China's new Enterprise Bankruptcy Law (Bankruptcy Law) will become effective on June 1, 2007. <br>The Bankruptcy Law is the first standardized bankruptcy law in China, replaces the old law and myriad other regulations, and removes some of the administrative uncertainty that existed under the former sets of regulations. The Bankruptcy Law applies to all enterprises 'with legal person status,' including SOEs, private companies, limited liability companies, companies limited by shares, and foreign-invested enterprises (FIEs). Individuals and partnerships are not subject to the new Bankruptcy Law.
China's World Trade Compliance
November 06, 2006
Board of Editors member, Prof. Usha Haley, spoke at the U.S.-China Economic and Security Review Commission Hearing on China's World Trade Compliance. In Part One, she addresses subsidies, their forms and complications. In Part Two, she covers how profitable and available those subsidies are and how profitable companies are that serve the China market.
CD: 11/29/2006 How to Increase Revenue $1 Million in 1 Year
November 02, 2006
How to Increase Revenue $1 Million in 1 YearA Case StudyNovember 29, 200612 p.m. - 2 p.m. EasternWeb Audio ConferenceChuhak &amp; Tecson, a 55-lawyer Chicago law firm, began an intensive program of business development coaching 20 of its income partners in 2005. A year later, the group had brought in $1 million in new revenue, with one partner DOUBLING his fees billed. The firm spent only $24,000, met its goal and showed an ROI of over 4000%.
The Magic of Making Rain
November 02, 2006
In today's complex law firm business environment, one might ask, what is Mark or Mary's magic? How do they bring in so much business? How do they make those deals happen? To ensure the long-term 'harvest, life, health and abundance' for the firm, one must ask whether the magic of rainmaking can be developed in new associates, seasoned lawyers or law firm executives. <br>As a lifelong advocate of professional development, I must confess that some of the skills may not be teachable, but are rather a part of an individual's personality and intuitive style that, when combined with their legal expertise, create an ability to make connections, build trust and sustain relationships. However, we are able to develop a lawyer's and his or her team's skills over time ' and that is an essential element of a rainmaking team that has depth.

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