TU NO ESTAS SOLO EN ESTE MUNDO. YOU ARE NOT ALONE SI TE HA GUSTADO UN ARTICULO, COMPARTELO

Sunday, July 22, 2007

Welcome to Japan"? Kurdish refugee family leaves for Canada'

Welcome to Japan"? Kurdish refugee family leaves for Canada'
by Hanako Tokita

Few people outside of Japan are aware of the dismal record of this country's treatment of refugees, particularly its treatment of Kurdish refugees. Few Japanese are even aware of policy in this area, given how little it is covered in the mainstream news. And yet Japan stands as most probably the only advanced country in the world not to have accepted a single Kurdish refugee out of hundreds of desperate applicants, despite the persecution Kurds routinely receive in countries such as Turkey, Iran, and Iraq.

Erdal Dogan and his family have learned first-hand things about Japanese policy that most Japanese people themselves do not themselves even know. Erdal arrived in Japan for the first time in 1999, fleeing ethnic and religious persecution in Turkey. He was joined by his wife Meryem and his brother Deniz in 2000, and his daughter Merve arrived two years later. His son Mehmet was born in Japan.

Erdal's family's application for refugee status was twice refused, and Erdal eventually ended up in detention, his family left to fend for themselves. Desperate and out of options, Erdal went on a 60-day hunger strike in 2003, to little avail.

After many years of hardship, sit-ins, and protests -- and after having been repeatedly back-stabbed by a government they originally hoped would help them -- the Dogan family finally received some good news this month: their application for refugee status in Canada was accepted.


The Dogan Family at Narita airport - photo by Shu Kaori/周香織

Blogger Shu Kaori is a photographer and longtime supporter of the Dogan family. She has published a book about the family, with a focus on the daughter Merve Dogan, entitled My neighboring friend, Little Merve - Two Kurdish refugee families I met. In her blog post on July 10th, she described her experience seeing the Dogan family off at Narita airport:


今日はエルダルさん一家がカナダに旅立つ日です。


Today is the day that Erdal's family will set off for Canada.



お仕事は半休を頂いて、午後は成田空港までエルダルさんたちのお見送りに行ってきました。
「YOKOSO!JAPAN (ようこそ!日本)」のロゴがあちこちに貼ってある空港の中を、出発ロビーに向かいました。
30人ほどの支援者がエルダルさんたちを囲み、ロビーで別れを惜しんでいました。TBSさんと日本テレビさんも取材に来て下さいました。


I had a half-day off from work, and in the afternoon I went to Narita airport to see --- and his family off.
I headed to the lobby of the airport, where "YOKOSO! JAPAN" [Welcome to Japan!] logos were posted all over the place.
Over 30 supporters surrounded Erdal in the lobby, saying their sad goodbyes. Crews from TBS and Nippon Television had also come to cover the event.



お別れの時間が近づくと、エルダルさんは見送りにきた人、一人一人にお礼を言い、握手をしていきました。私はちょっと離れてその様子を見ていましたが、今まであったいろいろなことを思い出してきて、隅でだらだら涙を流していると、エルダルさんがやってきて、「泣いてはだめですよ」と声を掛けてくれました。「別に私、泣いてないです」と答えてエルダルさんを見ると、エルダルさんも目が赤くなっていたので「あなたも泣いてるじゃないですか」と言うと「いや、泣いてないですよ」と言ったので、二人でちょっと笑いました。クルドの家族は、私が辛いシーンに立ち会ってめそめそしていると、いつでも「泣いちゃだめですよ」と言って、私を叱咤激励してくれます。


As the departure time approached, the people who had come to see Erdal off thanked him and shook his hand. I was watching all this from a bit further away, remembering the various things that had happened up until that point, and I started crying in the corner [of the room]. Erdal came over and said to me: "Please don't cry." He said to me: "I'm not crying," but I looked at him and I could see that his eyes had become red. I said to him: "You are crying too, aren't you?" but he replied: "No, I'm not crying," and so we both laughed a bit. Whenever I would witness a painful scene and start to cry, the family would always tell me: "Don't cry!" and send me words of encouragement.




「周さん、これからも難民のために頑張ってください」エルダルさんはそう言って、握手をしてくれました。


Erdal said to me: "Shu-san, please don't give up [on your work with] the refugees," and shook my hand.



搭乗口向かう最後の時、エルダルさんは「皆さん、今まで本当にありがとうございました。皆さんのお陰で、ドーガン一家はカナダで幸せになります。本当にありがとうございました!」と言って、手を振りながらゲートに入っていきました。


Just at the last moment, as he was going to board the plane, Erdal said: "Everybody, thank you so much. Thanks to all of you, the Dogan family will find happiness in Canada. Thank you very very much!" He waved goodbye as he boarded the gate [to the plane].



この空港に貼ってある「ようこそ!日本」とは、一体、誰に向けられた言葉なのか。
お金持ちの観光客か、ビジネスマンか、外国人タレントか。少なくとも、難民には向けられていないと思います。
表面上は豊かで平和な美しい日本。
でもそれはうわべだけのことで、少し中をめくってみれば、難民の人の命懸けの、そしてほんのささやかな願いさえ叶えてくれない、冷たい国だということを知りました。


This banner "Yokoso! Japan" [Welcome to Japan] that you see at the airport, who are these words for?
Rich tourists or business people or foreign talent? In any case I don't think it's for refugees.
A country that seems prosperous and peaceful on the face of it - Japan.
However, this is just a facade. When I dug a little deeper, I saw that refugees were not granted even their simple wishes, wishes upon which their life depends, and I realized that this is a cruel country.



それを気付かせてくれたのは、難民の人たちでした。
ある夏に国連前で座り込みをしたクルド人の家族がいて、それを支援した日本の人たちがいて、そしてその結果、その難民の人たちの運命を少しだけでも良いほうにずらすことができたのは、紛れもない事実です。
私にできることは微々たるものですし、今の難民政策を変えるには、まだ時間がかかると思います。
ですが、その可能性がある限り、私は難民の支援を続けたいと思います。


It was the [plight of the] refugees that made me realize this.
It is an unmistakable fact that there were Kurdish families who sat in front of the UN one summer, and there were Japanese people who supported them, and as a result their fate was improved a bit.
I can only do very little, and I think it will take a long time to change the refugee policy.
However, as long as there is the possibility, I want to continue supporting the refugees.



これからもどうぞよろしくお願い致します。


From here on, I will do what I can.



Erdal's daughter Merve - photo by Shu Kaori/周香織

Blogger haredasu writes about Erdal and his family:


 どうしてですか?

 トルコで難民として迫害を受け、救いを求めて、
日本に来てまで、何故こんな仕打ちを受けなければ
いけないのでしょうか?
 人道的な問題ではないのでしょうか?


Why?

They were persecuted as refugees in Turkey, sought help, and came to Japan. Why should they still be treated this way?
Isn't this a humanitarian issue?



 結局、日本では認定されず、カナダが難民として認定。
 日本にはいられず、知る人が誰もいない、言葉も話せないかも
知れない、カナダに渡って行きました。

 日本は、好きなのに、、でも、と、言いながら、

 この人たちは、今後、日本について、どう思うようになるので
しょうか?


After all, Japan did not recognize them as refugees but Canada recognized them as refugees.
They could not remain in Japan, and they left for Canada, where they don't know anyone and they may not know the language.
They left, saying "we liked Japan...but...".
What will they think about Japan in the future?



 国際化とか、国際貢献とか、
日本政府の人たちは、どう考えているのでしょうか?

 すごく考えさせられました。

 難民問題については、恥ずかしいことですが、
よく知りませんでした。


About [Japan's] internationalization or international contribution,
what do the Japanese government officials think about these things?
This made me think.
It is a shame that I don't know much about these refugee issues.




 このニュースを見ていて思ったことは、
なんと、日本という国は、冷たい国、
世界に対して、恥ずかしい国だったのかと、

 どうしてこんなことができるのかと思う。

 恥ずかしい限りです。



What I was thinking as I watched the news is how cold and shameful this country Japan is, in the eyes of the world, that it could do something like this.
I am just so ashamed.



You may view the latest post at
http://www.globalvoicesonline.org/2007/07/22/welcome-to-japan-kurdish-refugee-family-leaves-for-canada/

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Friday, July 20, 2007

turbinas eolicas

Meet the companies tackling nine of humanity's biggest problems -- and making millions saving us from ourselves.
Problem #1: Global Warming
Problem #1: Global Warming
The background: Carbon dioxide makes up nearly 80 percent of all greenhouse gases. More than a quarter of that CO2 comes from electrical power plants.

The solution: Wind power, thanks to recent breakthroughs in turbine and transmission technology; it's also 70 percent cheaper than solar power. In May, Dublin-based Airtricity, the world's fastest-growing wind developer, announced plans for a European supergrid - a network of 2,000 offshore wind turbines in the North Atlantic. The grid would initially supply 10,000 megawatts to 8 million homes.

The payoff: Founded just seven years ago, Airtricity is on track to bring in $657 million in revenue by 2010. The company operates 16 wind farms in the United States, the United Kingdom, and Ireland.

The opportunity: Airtricity is already lobbying for government approvals. But there's opportunity for other wind producers to start banding together, since scale is what's needed most to lift wind out of the "alternative" market.
Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Thursday, July 19, 2007

Legal Blog Watch

Legal Blog Watch

Law Firm's 'Chow for Charity' Program: Scraps for the Poor or Meaningful Charity?

Of course, we all know that there's no such thing as a free lunch -- especially if you're a summer associate at Simpson Thacher, with a $60 expense account for lunch and an option to limit yourself to a $15 lunch and give the remaining $45 to legal aid. In that situation, your free lunch isn't free; instead, it's a veritable microcosm for everything that's wrong with charity in America, as Daniel Gross writes in this provocative article, Fifteen Dollars' Worth of Smug: What a New York law firm's charity-lunch program reveals about America (Slate, 7/17/07).

Gross profiles the Simpson Thacher Chow for Charity program, where summer associates can elect not to enjoy a $60 per person lunch with a firm lawyer. Instead, if they choose to eat with the lawyer at a more down-scale joint and spend $15 or less each, the firm will donate the difference ($45 per person) to a nonprofit legal group like Legal Aid. Gross points out that the program reflects a number of important trends, including (1) A Touch of Conscience (where most companies pay lip service to concerns like global warming or poverty); (2) The New Guilded Age (where fat and happy law firms think nothing of the absurdity of giving students a $60 allowance for lunch); (3) Defining Public Service Down (a situation where most people claim interest in community service but don't want the lower incomes that go with it, so they find a win-win situation like doing pro bono at a large firm); and (4)  It's Good To Be the King (describing how partners set priorities and realize that the $15 lunch is quicker and gets associates back to billing more quickly and spares partners from socializing). 

PG at Blog de novo comments that Gross' economics are skewed -- because parnters aren't really king of the hill. The post comments that in comparison with those in the investment industry, partners at firms are really like day laborers rather than capitalist owners. PG has it part right -- law firm partners aren't owners of capital, but they think they are, which perhaps makes their situation even more unfortunate. But it doesn't refute Gross' main point, which is that the Chow for Charity lunch is a partner-driven concept, not something arrived at by consensus with associates or the bar associations.

Nuts and Boalts says that Gross completely misses the point in his piece and takes us through a play-by-play response. N&B believes that any money that the program saves on lunches is a good thing, because the extra goes to charity. Moreover, because associates don't routinely spend $60 per lunch but the firm always pays the $45 difference, N&B points out that the program does cost the firm money. And N&B also says that pro bono at firms isn't ornamental -- but that they peform a substantial amount (for instance, Simpson says it does 50,000 hours of community service each year). 

As for me, I'm on the fence about Gross' post. I do agree with the trends that Gross tracks, and he's certainly right to question law firms' motives and the hypocrisy and snobbery of many of these giving systems. At the same time,  I can't decide if these drawbacks are outweighed by the concommitant results. After all, if students are going to be working at large firms for the summer anyway, why not give them a chance to help generate money for a legal aid group? A $45/day contribution for 10 weeks comes to $2,250 per associate; and if the firm has 50 summer associates, that's $112,000 for a legal aid group (which goes a lot further than using a summer associate to do the work pro bono; $112,000 could hire one, maybe two full-time legal aid staff attorneys). 

Do charity and pro bono have to hurt? Is it only valuable if it entails sacrifice? Who contributes more to pro bono -- the summer associate at Simpson who gives up a lunch or the law student who works for $2,250 for the entire summer at a legal aid group? What's your view?

Posted by Carolyn Elefant on July 19, 2007 at 02:46 PM | Permalink |

Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com

Wednesday, July 18, 2007

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telefono: 2084334- 5839786
santiago-chile
 
Escribanos, consultenos, opine

Tuesday, July 17, 2007

from Law.com Home Legal Blog Watch Home About The Bloggers

Law.com Home Legal Blog Watch Home About The Bloggers
Legal Blog Watch

Judge Dismisses KPMG Indictments

Yesterday, federal district Judge Lewis Kaplan dismissed charges against 13 defendants in a large criminal tax shelter action, finding that the pressure that government prosecutors placed on the defendants' employer KPMG to cut off legal funds violated the defendants' constitutional right to counsel  (Charges Dropped Against 13 in KMPG Case, NYT, 7/16/07). As this post from the Blog of the Legal Times notes, the judge didn't mince words about who was to blame for the dismissal:

[The prosecutors' actions] foreclosed these defendants from presenting the defenses they wished to present and, in some cases, even deprived them of counsel of their choice. This is intolerable in a society that holds itself out to the world as a paragon of justice. The responsibility for the dismissal of this indictment as to thirteen defendants lies with the government."

Peter Lattman summarizes the history of the case and the legal issues in this WSJ Blog Post.

Tom Kirkendall's post at Houston's Clear Thinkers offers more choice tidbits from Judge Kaplan's decision. And Ellen Pogdor discusses some of the implications of the judge's decision at White Collar Crime Blog. Among her comments:

And more importantly, now the court is not only dismissing the matter on the basis of  its prior conclusion, but is additionally finding that the prosecutor's conduct "shocks the conscience in the constitutional sense."  This is definitely more detrimental to the prosecution should they decide to appeal.

But professor Ribstein worries that the decision dismissing the indictments may have worse consequences for the defendants than if they'd have been convicted. From this post:

Dismissing the 13 indictments ironically is good for the government because it lets them appeal the dismissals rather than suffering likely reversal even if they were able to prove guilt. It therefore exposes these defendants to still more hardship and uncertainty at the hands of prosecutors whose conduct Judge Kaplan has deemed "intolerable."  And all this in a case in which it was hardly clear the defendants had done anything illegal, or at least that justified a criminal sanction.

As a lawyer, I'd rather lose a hard-fought case on the merits than win by luck or unfair bias. Why don't prosecutors feel the same way?

Posted by Carolyn Elefant on July 17, 2007 at 04:19 PM | Permalink | Comments (0)

D.C. Judge Rejects Jury Pool for Want of Diversity

This past Sunday, the Washington Post reported about how  D.C. Superior Court judges are responding to concerns about jury diversity. Surprisingly, the story -- which raises important questions such as the meaning of the Constitutional requirement that a jury reflect a cross section of the community or whether a nondiverse jury will produce biased results  --  hasn't attracted much discussion in the law blogs.   

According to the Post story, back in the spring, D.C. Superior Court Judge Neal Kravitz sent back a pool of 70 prospective jurors because the racial composition of the group -- 61 whites, eight blacks and one Asian -- didn't align with the racial and economic population within the District. The District of Columbia is 80 percent African American, though demographic studies show that more whites are moving into the city.

There isn't much data available on how the court locates and calls District residents potentially eligible for jury service. Thus,  lawyers from the public defender service have been asking judges to allow them to examine court data on jury pools -- and this month, D.C. Superior Court Judge Boasberg ruled that the defense is entitled to information about how jurors are identified and summoned. The Public Defender's Office is hopeful that access to this date will help identify "problematic patterns." 

Legally, the composition of the jury does not need to match the exact racial composition of the forum jurisdiction. But as this post from Diversity.Inc queries, What does [D.C.'s recent action] mean for districts across the country where jury pools don't match demographics? Are all-white juries biased?

Posted by Carolyn Elefant on July 17, 2007 at 03:55 PM | Permalink | Comments (0)

Large Firms Should Job-Share for Work-Life Balance

With lawyers working 60- to 80-hour weeks, there's enough work for two lawyers rather than one. And that's why Deborah Epstein Harry, founder of FlexTime Lawyers, proposes that large firms implement job sharing for lawyers, as she describes in this article, highlighted at Counsel to Counsel. Epstein Harry writes that with job sharing, each lawyer could work part of the week, with a day of overlap and weekend time negotiated between the two lawyers sharing the job.

The solution seems so obvious that I don't quite understand why job sharing isn't more pervasive at law firms. Any ideas?

Posted by Carolyn Elefant on July 17, 2007 at 03:40 PM | Permalink | Comments (0)

Are More Firms Using Macs? An Update One Year Later

Nearly a year ago at this blog, I asked, why aren't more law firms using Macs? The question generated a good deal of discussion: Most commenters praised the advantages of Macs over PCs; others reasoned that Macs hadn't gained more traction in the legal profession because law schools push PC technology, and bar associations haven't done more to educate lawyers about Macs' ability to protect client data from viruses.

Now, a year later, it seems that perhaps the tide is turning towards Macs. I myself have crossed over the line, after I found myself rebooting my creaky PC at least seven times a day. And as Mac Lawyer Ben Stevens writes in this recent post (7/16/07), Macs continue to gain traction in the legal profession, a trend that may accelerate now that Microsoft has introduced a new operating system. Citing this article from Lawyers Weekly, Stevens predicts:

And this year might not be business as usual for law IT departments. Many PC users must switch to a new computer operating system within the next two years. Unlike previous transition periods, there may be competition this time for Vista, the successor to Microsoft's market-leading Windows XP operating system. And the most user-friendly challenge comes from Apple Inc.'s Macintosh line.

So, now what do you think about moving to a Mac?

Posted by Carolyn Elefant on July 17, 2007 at 03:38 PM | Permalink | Comments (0)


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Saludos
Rodrigo González Fernández
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
Renato Sánchez 3586
 
telefono: 2084334- 5839786
santiago-chile
 
Escribanos, consultenos, opine

Sunday, July 15, 2007

Legal Blog Watch

Legal Blog Watch

Issue Spotting the Whole Foods CEO's Pseudonymous Online Life

With the bar exam just around the corner, it's probably too late to add this doozy of a fact pattern about John Mackey, the co-founder of Whole Foods who had an online pseudonym -- Rahodeb -- under which he posted 1,100 entries on Yahoo Finance's bulletin board touting his company's stock and also criticizing Wild Oats Markets, a rival that his company went on to buy. Mackey's postings were made over a seven-year period - - and apparently, intervening events like the prosecution of Enron honchos for making false statements never made any impression. 

So, what's wrong with this picture? Steve Bainbridge takes a stab at some of the issues in need of analysis in this post:

1. Did any of the posts contain material misrepresentations or omissions that might constitute securities (or wire) fraud?
   2. Did any of the posts contain libelous statements?
   3. If the answer to either of the above is yes, can legal responsibility for such statements be attributed to the company?
   4. What impact will this have on the merger? Note the stakeholders potentially affected: The FTC, the DOJ, Wild Oat's board and top management, Wild Oat's shareholders, Whole Foods' shareholders.
   5. Your very high profile CEO is now a laughingstock. E.g., one Yahoo board poster wrote: "What a hoot! It's so Nixonian! Maybe he needs some animal fat in his diet. I've known vegans who suffered from teeth and gum disease; now we know a vegan who's suffering from 'foot-in-mouth' disease.

In this post at Law Biz Blog, Ed Poll mentions some of the same issues as Professor Bainbridge, as well as one "of even greater significance":

Whole Foods has portrayed itself as, ethical, honest and concerned primarily about the well-being of its customers. As one analyst opined, the company probably has enough "points in the emotional bank" to weather this storm but this maelstrom certainly chips away at their reputation and our confidence in them.

And finally, we have this take  from the Insurance Coverage Blog:

This bizarre story [about Mackey] is a reminder for insurers to redouble their sensitivity to Internet-related risks.  Additionally, it is also a reminder to carefully police their own employees' Internet activity.  Even the bright, sophisticated, and successful fail sometimes to exercise good judgment online.

Posted by Carolyn Elefant on July 13, 2007 at 04:11 PM | Permalink | Comments (0)

Spam Filter Causes Lawyer to Miss Court Date

After having relied on the often unreliable postal service in Washington D.C. and slow mail filtering in my office building (often delaying delivery by up to a week), the availability of e-filing in the firm where I practice was huge cause for celebration. But perhaps I rejoiced too soon. Because after reading this horror story, Spam filter costs lawyers their day in court (Washington Post, 7/13/07), I've realized that not even my beloved e-filing systems are impervious to error.

As the article reports, a Colorado law firm that was being bombarded with pornographic and offensive spam directed its IT administrator to fix the problem. He changed the firm's firewall settings to block spam from reaching desktop computers. But because the administrator failed to "whitelist" certain permissible mail, the system also began blocking e-mail from the U.S. District Court for the District of Colorado. And wouldn't you know it -- the day that the spam settings were changed, the court sent the firm notice of a hearing in a civil lawsuit. The system blocked the message, the firm missed the hearing and the judge ordered the firm to pay attorney fees and expenses of the lawyers who showed up. 

This post at Spam Notes.com criticized the court's sanction as excessive. From the post:

The firewall software was installed on May 21, 2007 the same day the court issued the initial Minute Order.  The court seems to go through an awful lot of trouble to prove its point (e.g., calling the IT administrator as a witness, examining the firewall log).  The court even seemed peeved that some other courts were whitelisted but it was not [writing that] as of the date of this hearing on June 20, 2007, Mr. Rea still had not whitelisted this court's domain name even though he previously whitelisted the court domain names of the Colorado State Courts prior to May 21, 2007. . . . See Barracuda Spam Firewall log sheets attached to Mr. Rea's affidavit which shows e-mails from Colorado State Courts were not blocked because they were whitelisted (docket no. 137-2)

Meanwhile, Jim Calloway offers solutions on  how firms can avoid this problem in the future. Calloway advises:

OK, here's a law practice tip you can take to the bank, folks. if you practice in any CM/ECF court, your spam filter needs to have a whitelist feature and you need to use it for every court that may send you an e-mail notice. Like it or not, once you have "agreed" to receive notices via e-mail, you just can't plead "my spam filter ate my homework." If your spam filter cannot do that, then you need a new one. Sometimes it might be as simple as adding a sender's address to your contacts to get it whitelisted.  I'm not saying it will be that easy for everyone. I about blew a gasket the other day when my spam filter told me there was a limit of 250 and I had to delete someone to be able to add someone. But you don't have a choice. The argument that it is too big a burden to manually maintain a whitelist was not persuasive to this judge nor will it be to others.

Posted by Carolyn Elefant on July 13, 2007 at 04:07 PM | Permalink | Comments (0)

Outsourcing Expert Witnesses?

Medical expert testimony for litigation doesn't come cheap in the United States, with expert fees costing as much as $1,000 an hour. But now, lawyers have found that they can solve the problem of high expert costs in the same way that they deal with other high costs: through outsourcing and offshoring. As this article states, US Lawyer Finds Medical Experts in India (7/12/07), U.S. lawyer Dorothy Clay Sims has started using medical experts in India for help in legal cases:

Sims has reduced [medical expert costs] by hiring medical experts in India for a fraction of the price, and she makes the service available to other American lawyers through an Internet-based business called MD in a Box. The U.S. lawyers pay $90 an hour for the medical consulting.  The process works through a real-time link to an Indian doctor by computer. Sims describes a typical case in which a U.S. orthopedic surgeon disputes her client's claims in an American courtroom.

"I have my computer with me, and my doctor in India is listening to the orthopedic surgeon the whole time, through a microphone plugged into my laptop," said Dorothy Clay Sims. "He is then sending me instant messages saying, "that is not true. It is actually such and such or so and so." And I look down at my screen and I will just say exactly what the doctor said from India."

Offshoring medical consulting sounds like a great idea. At a minimum, the availability of lower-cost service could perhaps introduce some competition to the expert industry and put a little downward pressure on rates. And low-cost medical testimony up front could give lawyers more information early on about the viability of case, perhaps leading to early settlements. Of course, there are also  practical hurdles. For example,  would you videotape a deposition with the doctor -- or could you outsource the entire deposition process to lawyers in India? And I guess you'd have to submit the video deposition in court. 

For a round-up of recent IT outsourcing developments by firm, see this post by Ron Friedmann.
 

Posted by Carolyn Elefant on July 13, 2007 at 04:05 PM | Permalink | Comments (0)


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Friday, July 13, 2007

Legal Blog Watch

Legal Blog Watch

Innovation: Here, There and Everywhere

Innovation abounds in the legal profession, it seems, if this week's coverage is any indication.

First off, Ron Friedmann at Strategic Legal Technology points us to yesterday's release by the College of Law Practice Management of the four winners of its InnovAction Awards 2007, honoring excellence and innovation in the management and delivery of legal services. And the envelope please:

As if that were not innovation enough, the Financial Times of London came out this week with its second-annual survey of Innovative Lawyers, covering "cutting-edge practice in the legal profession." This year's survey includes the first FT Law 50, ranking the top 50 most innovative European law firms. (Topping the list: Allen & Overy, Clifford Chance and Linklaters.)

There is a lot to read in the FT's coverage. But for those who prefer the CliffsNotes version, Bruce MacEwen offers his summary of the survey at Adam Smith, Esq. He writes:

"The sheer variety is what's most impressive to my eye.  Linklaters came up with a way of helping finance vaccination programs overseen by the World Health Organization and UNICEF, among others, under which $1 billion of bonds have been issued and another $3 billion are expected to be issued over the next few years. ... Clifford Chance took on climate change by attempting to do for carbon and emissions trading what Michael Milken and Drexel did for junk bonds:  Standardize the disclosure and documentation to make the market more liquid.  CC also claims to have invented the world's first convertible Islamic bond, consistent with Sharia law."

The FT sums it up even more succinctly: "Innovation and lawyers never used to be comfortable bedfellows, but there is growing evidence of radical change in the legal market."

Posted by Robert J. Ambrogi on July 12, 2007 at 02:50 PM | Permalink | Comments (0)

Distrust for Business Outweighs That for Lawyers

Saturday marks the start of the annual meeting of the American Association for Justice (f/k/a Association of Trial Lawyers of America), and the AAJ is setting the stage with today's release of a survey showing that voters distrust large corporations far more than they do trial lawyers. "Americans are deeply worried about their nation's future," the survey says, "and concern about corporate misconduct is a major source of their anxiety."

The survey, conducted for AAJ by Peter D. Hart Research Associates, explored voters' attitudes towards the civil justice system. It found that most voters see large corporations as preoccupied with the bottom line and irresponsible towards consumers and workers. Among voters' most significant concerns: huge payouts to corporate CEOs at the expense of rank-and-file jobs, defaults on pension obligations and refusals to pay for medical treatments.

The survey's executive summary contrasts voters' concern about corporations with what it describes as their "muted response" to criticisms frequently leveled against the civil justice system. Only a third of voters see a serious problem in trial lawyer fees, and only a quarter worry that jury awards are too high in personal injury and medical malpractice cases. More to the point, voters rank both of those below all of their concerns about big business. From the summary:

"Americans believe that the civil justice system provides essential safeguards for them at a time when corporate misconduct is such a serious problem. They tell us that making sure corporations are held accountable when their actions harm consumers, employees, or communities (70%) should be a much higher priority for the civil justice system than limiting the amount of compensation that juries can award for pain and suffering."

Holding big corporations accountable -- that, no doubt, will be the rallying cry as plaintiffs lawyers from throughout the United States convene in Chicago this week.

Posted by Robert J. Ambrogi on July 12, 2007 at 02:48 PM | Permalink | Comments (0)

Avvo: Hear All About It

If you are growing tired of reading about the controversy surrounding the new lawyer-rating site Avvo, perhaps you'd rather hear about it. If so, you can have your fill thanks to two recent podcasts.

In yesterday's edition of the legal-affairs podcast Lawyer2Lawyer -- which I co-host along with fellow Law.com blogger J. Craig Williams -- we interview Avvo's founders, President and CEO Mark Britton and VP of Products & Marketing Paul Bloom. The two discuss their reasons for launching the site, their responses to criticisms and their future plans. They also respond to points made during our first program on Avvo, posted June 18, on which they declined to appear.

In that first episode, we discussed Avvo with guests John Henry Browne, the Seattle attorney who is one of the named plaintiffs in the class action lawsuit against Avvo; Carolyn Elefant, my co-contributor here at Legal Blog Watch and also author of the blog MyShingle.com; and Denise Howell, author of the blog Bag and Baggage.

Denise Howell hosts her own podcast, This Week in Law, and Avvo CEO Britton also joined her as a guest. In a 90-minute program, Howell interviews Britton and then leads an informal roundtable discussion about the site with legal bloggers Ernie Svenson, Dennis Kennedy and Mazyar Hadayat.

Posted by Robert J. Ambrogi on July 12, 2007 at 02:46 PM | Permalink | Comments (0)


Saludos
Rodrigo González Fernández
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
Renato Sánchez 3586
 
 
 
telefono: 2084334- 5839786
santiago-chile
 
Escribanos, consultenos, opine

Thursday, July 12, 2007

from Warthon

What's Hot
(Podcast)
WebEx's Diane Davidson: 'We Defined a Community Ecosystem'

When Google bought YouTube recently for $1.65 billion, the world of business sat up to take serious notice of social networks. Today, many companies are looking into how they can tap into -- or develop -- communities as a way to make better decisions and increase profits. Jon Spector, a former Wharton vice dean and now CEO of the Conference Board, spoke with participants at the Community 2.0 conference in Las Vegas earlier this year to explore how companies are trying to harness communities to reshape their businesses. In this podcast, Spector speaks with Diane Davidson, director of customer marketing at WebEx. Spector is a co-author, with Barry Libert, of the forthcoming Wharton School Publishing book, We Are Smarter Than Me: How to Unleash the Power of Crowds in Your Business.

http://knowledge.wharton.upenn.edu/article/1774.cfm

Managing Technology
(Podcast)
Craigslist's Craig Newmark: '100% of What We Do Is Based on Community'

Jon Spector, a former Wharton vice dean and now CEO of the Conference Board, spoke with participants at the Community 2.0 conference in Las Vegas earlier this year to explore how companies are trying to harness communities to reshape their businesses. In this podcast, Spector speaks with Craig Newmark, founder and "customer service rep" of Craigslist.com. Spector is a co-author, with Barry Libert, of the forthcoming Wharton School Publishing book, We Are Smarter Than Me: How to Unleash the Power of Crowds in Your Business.
http://knowledge.wharton.upenn.edu/article/1775.cfm

Marketing
Making the Most of Every Marketing Dollar

In Marketing That Works: How Entrepreneurial Marketing Can Add Sustainable Value to Any Sized Company (Wharton School Publishing), the focus is on optimizing investments in every aspect of marketing, whether it's targeting the right customer, delivering added value or generating better product ideas. Authors Leonard M. Lodish, Howard L. Morgan and Shellye Archambeau offer tools, tactics and strategies that companies can use to differentiate themselves in today's marketplace. As the authors note, "Marketing, more than technology, is most often the reason for the success or failure of new ventures or new initiatives" in mature corporations.
http://knowledge.wharton.upenn.edu/article/1770.cfm

Leadership and Change
To Marshall Goldsmith: Thank You for Writing This Book (And We're Not Sucking Up)

Marshall Goldsmith, the founder of executive coaching firm Marshall Goldsmith Partners, has worked closely with more than 70 CEOs during his career. Forbes has named him one of the five most respected executive coaches. The Wall Street Journal ranks him among the top 10 executive educators. Now Goldsmith has assembled a book that distills the wisdom he and his stable of coaches usually dispense in person. Listed at $23.95, What Got You Here Won't Get You There: How Successful People Become Even More Successful, written with Mark Reiter, is a bargain compared to the six-figure cost of receiving Goldsmith's wisdom in person.
http://knowledge.wharton.upenn.edu/article/1771.cfm

Strategic Management
Avoiding the Traps That Can Cause Your Company to Self-Destruct

In The Self Destructive Habits of Good Companies ... And How to Break Them (Wharton School Publishing), Jagdish N. Sheth, a marketing professor at the Goizueta Business School at Emory University, analyzes why companies that are at the top of their industry suddenly disappear from the landscape. He maintains that successful companies fall prey to complacency, arrogance, competency dependence, competitive myopia, territorial impulse, volume obsession and denial, and he then goes on to suggest ways companies can change course and avoid these traps. As Sheth notes in his introduction, "My view is that most companies can survive forever if they recognize and take steps to counter self-destructive habits or set up processes to keep them from arising in the first place."
http://knowledge.wharton.upenn.edu/article/1769.cfm

Law and Public Policy
A Novel on Genetic Research: It's 'Fiction, Except for the Parts That Aren't'

A mathematical parrot. A Dutch-speaking orangutan. A chimp that can pass for a boy. These are the otherworldly characters -- and provocative thought experiments -- that anchor best-selling author Michael Crichton's most recent novel, Next. The book weaves together several storylines in order to trace the complex interplay of scientific innovation, legal loopholes and economic opportunity. Along the way, Crichton creates a troubling portrait of a biotech industry marred by corporate greed and moral uncertainty. Both thriller and policy piece, the book is also a compelling contribution to the debate over genetic research, according to our reviewer.
http://knowledge.wharton.upenn.edu/article/1773.cfm

Human Resources
Is Your Workforce Strange Enough to Guarantee Competitive Advantage?

According to Daniel M. Cable, what characterizes successful companies these days is "a strikingly different, obsessively focused" workforce, one that -- compared to competitors' workforces -- is "downright strange." Cable, a management professor at the Kenan-Flagler Business School at the University of North Carolina, makes his case in a new book titled, Change to Strange: Create a Great Organization by Building a Strange Workforce (Wharton School Publishing). To get the best results, Cable says, companies have to build a workforce "that is extraordinary in a way that customers care about."
http://knowledge.wharton.upenn.edu/article/1768.cfm

Innovation and Entrepreneurship
'Life Behind the Veil': Launching a Beauty School in Kabul, Afghanistan

From Reading Lolita in Tehran, an award-winning account of an underground Iranian women's book group, to The Kite Runner, a best-selling novel about modern Afghanistan, tales of Islamic culture have entranced Western readers eager for a glimpse into a world that is at once far removed from theirs and yet fundamentally intertwined with it. A recent book adds to this genre. In Kabul Beauty School: An American Woman Goes Behind the Veil, author Deborah Rodriguez opens a window onto the private lives of Afghan women by explaining what it's like to try and launch a business -- in this case, a beauty school -- in a remote, unfamiliar area. The tale, according to our reviewer, is heartwarming, eye-opening and ultimately chilling.
http://knowledge.wharton.upenn.edu/article/1772.cfm
_________________________________________________________________
Saludos
Rodrigo González Fernández
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
Renato Sánchez 3586
telefono: 5839786
santiago-chile
 
Escribanos, consultenos, opine