Doing Business in China via the Cayman Islands (2006 Update)
July 31, 2006
Many companies doing business in China are using a structure that includes a company formed under the laws of the Cayman Islands (CI). Chinese technology and Internet companies listed on NASDAQ ' such as Actions Semiconductor, Baidu, CTrip, China Medical Technologies, Focus Media, Shanda, Suntech Power and Tom Online ' are actually CI companies. The primary business reasons for an offshore structure are flexibility in an exit strategy, whether in connection with an initial public offering (IPO) or an acquisition; the possibility of reducing U.S. taxes; and reducing the impact of China's currency exchange restrictions.
HIPAA Gets 'Teeth'
July 31, 2006
Memories of HIPAA Compliance likely have long faded for many HR and benefits professionals. You distributed your Privacy Notices, trained your staff, conducted a 'risk assessment' of your information systems under the Security Rule, and formally adopted a thick binder of HIPAA Privacy and Security policies. HIPAA, like Y2K, has come and gone, and health plan compliance has turned to bigger and more pressing issues, right? Not quite.
Compliance Programs for Private Companies
July 31, 2006
We all know that a proactive Securities Exchange Commission (SEC), combined with implementation of the Sarbanes-Oxley Act of 2002 (SOX), and activation of the Public Company Auditor Oversight Board (PCAOB), has triggered intense scrutiny on corporate ethics and accountability. One by-product of this is that the public company has come to serve as a mentor of sorts to the private company in the arena of corporate compliance programs, offering certain 'best practices' that may also be useful to the privately held company, its management, and its shareholders or owners.
Security Breaches
July 31, 2006
There are as yet no direct equivalents of the mandatory security breach reporting legislation we have seen in the U.S., either at an EU level or within Europe itself. That is not to say there is no law on the reporting of breaches in Europe. While a number of countries have been looking at the increasing number of security breaches, in the main the response has been to use existing privacy legislation to take action.
In the Courts
July 31, 2006
Important rulings of importance to you and your practice.
Selective Privilege Waiver and Proposed FRE 502
July 31, 2006
This summer, the standing committee on the federal rules of the Supreme Court's Judicial Conference will propose for public comment Federal Rule of Evidence 502 and Committee Notes, initially drafted and recommended by the Advisory Committee on Evidence Rules. Proposed Rule 502 addresses the waiver of privilege arising from the production of documents: the effect of inadvertent production, the scope of the waiver arising from both inadvertent and intentional production, and ' the subject of this article ' the effect on future claims of privilege of producing documents to the government in the course of an investigation.
<b>Product Review:</b> TimeMap 4: Timeline Graphing For Lawyers
July 31, 2006
TimeMap from CaseSoft (www.casesoft.com) has always been one of the best timeline-graphing tool available to lawyers. The latest version, TimeMap 4, contains a number of significant improvements from the TimeMap 3 version that makes it even more powerful for lawyers. Lawyers and legal IT departments may also be familiar with the other software products in the CaseSoft arsenal: CaseMap, NoteMap, Text-Map and DepPrep.
Using Technology To Be Better, Faster And More Cost- Effective Than the Competition
July 31, 2006
Superior representation during litigation involves more than persuasion, skill and mastery of the law. It means getting a favorable outcome while being better, faster and more cost-effective than the competition. One of the ways we have been able to achieve litigation success is by partnering with tech-savvy service providers. We have been able to strengthen our position and efficiency by working with a reporting firm that has access to the latest technology for exhibit bundling, on-demand Web access and transcript management. Other paralegals and attorneys in our firm have taken notice ' as have the client and opposing counsel.
