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Wednesday, June 27, 2007

test News CORRUPTION: Bandar Bribery Case Crosses the Atlantic

Wednesday, June 27, 2007   20:25 GMT    
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CORRUPTION: Bandar Bribery Case Crosses the Atlantic
By Emad Mekay

WASHINGTON, Jun 27 (IPS) - The U.S. Justice Department is investigating allegations of bribery by the British defence contractor BAE Systems to Prince Bandar Bin Sultan, a high-ranking member of the Saudi royal family with wide contacts and relations here.

The news brings a high-profile investigation initially launched in Britain to the United States, where the political influence of the Saudi royal family is well-known.

Although the British government dropped its own probe last December, citing national security considerations, U.S. prosecutors determined that BAE could be investigated under the Foreign Corrupt Practices Act because it used U.S. banks to allegedly transfer payments to accounts controlled by Prince Bandar.

The Justice Department involvement has had immediate ramifications, with the company's shares losing eight percent of their value Tuesday.

"BAE Systems has been notified by the U.S. Department of Justice that it has commenced a formal investigation relating to the company's compliance with anti-corruption laws, including the company's business concerning the Kingdom of Saudi Arabia," BAE Systems said in a statement sent to IPS.

It is not clear yet what prompted Washington to get involved the case, given its close relationship with both Britain and the Saudis, but the decision comes after weeks of lobbying by some European officials, and development and anti-corruption groups around the world who denounced the decision by the Tony Blair government to close its own investigation.

In a letter campaign, they urged Blair to reopen the Serious Fraud Office (SFO) inquiry into allegations of slush funds surrounding the 80-billion-dollar Al Yamamah arms deal between BAE Systems and Saudi Arabia, a transaction that dates back to 1985.

They argued that future efforts by Britain to prescribe governance and transparency standards for developing countries receiving aid and debt relief are likely to be viewed with scepticism.

The anti-bribery committee of the Organisation for Economic Cooperation and Development had also demanded an explanation from the British government and decided to conduct a further examination of Britain's efforts to combat bribery.

The SFO is still examining corruption charges involving BAE contracts in Romania, the Czech Republic, Tanzania and South Africa.

Meanwhile, an investigation by the British BBC earlier this month found that BAE paid nearly two billion dollars in bribes to the Saudi prince, a charge that both Prince Bandar and BAE vehemently deny.

Many activists say that the British government succumbed to political pressure both from BAE, Europe's' leading defence company, and from Saudi officials who threatened to cancel future lucrative arms deals.

Last year, Saudi Arabia signed an expanded military agreement with Britain, including a commitment to acquire at least 24 Eurofighter Typhoons to replace its air force fleet of Panavia Tornado Air Defence Variant (ADV) fighters.

They were part of the multi-billion-dollar Typhoon order that would provide the cornerstone of a third phase to the bilateral Al Yamamah arms agreement.

This agreement has already covered the delivery and support of 120 Tornado ADV and Interdictor Strike (IDS) aircraft, BAE Systems Hawk and Pilatus PC-9 trainers and other equipment.

The 2006 agreement also seeks to further develop Saudi Arabia's national aerospace industry through the transfer of technology from BAE, the main contractor, and the establishment of additional in-country support facilities.

BAE says it is in the process of promoting an extensive upgrade of Saudi Arabia's Tornado IDS aircraft in an effort to further boost the value of its Al Yamamah business activities.

But the expanded deals are just one factor in the investigation. Prince Bandar wields enormous political clout -- even more so in the United States, where he spent much of his career and developed close relations with many U.S. politicians, including the Bush family.

He also recently endeared himself to U.S. foreign policy circles, including the powerful pro-Israel hawks in the U.S. Congress, with a rapprochement between his conservative kingdom and Israel, a key U.S. ally in the Middle East.

After he came to serve as Saudi Arabian King Abdullah's national security advisor, he made unprecedented advances towards Israel.

In the past, U.S. citizens have reported they were refused a Saudi visa because their passports reflected travel to Israel or indicated they were born in Israel. This has not happened recently.

Bandar bin Sultan is also widely credited for forging an unprecedented front made up of his country, Jordan and Egypt, which rallied against Hezbollah in Lebanon during its war with Israel last summer.

The position won him praise in Washington and was heralded as a new era in Arab-Israeli relations.

Saudi Arabia is also likely to be a major player if the U.S. decides to take military action against Iran over Tehran's nuclear programme.

U.S. lawmakers have yet to make a statement on the case.

(END/2007)
Saludos
Rodrigo González Fernández
Consultajuridicachile.blogspot.com
Renato Sánchez 3586
telefono: 5839786
santiago-chile
 
Escribanos, consultenos, opine

Legal Blog Watch

Legal Blog Watch

Chambermaid: The Summer Must (Not?) Read

Chambermaid When a former law clerk to 3rd U.S. Circuit Court of Appeals Judge Dolores Sloviter writes a novel that her publisher promises "breaks the code of silence surrounding the clerkship ... and boldly takes us into the mysterious world of the third branch of the U.S. government," lawyers' ears perk up. The novel, Chambermaid, by Saira Rao, is now shipping, and James Grimmelmann at PrawfsBlawg says, I'm Sorry I Read It:

"The book is an abomination, one of the worst novels I have ever read, both artistically and morally. The affected style, which runs the gamut from 'cutesy' to 'bench memo,' would be forgivable if the substance weren't so dreadful."

Grimmelmann calls the narrator "a raving narcissist" and offers examples of her shallowness drawn from her own words, such as this: "I was suddenly intrigued. A real-life lesbian! And she was my coclerk. I would actually have a lesbian friend! [My sister] had recently convinced me that lesbians were more fabulous than gay men."

Others had kinder words for the book. At Above the Law, David Lat says he "thoroughly enjoyed" it. Legal Antics writes: "It really is hysterical! I highly recommend it." And in the New York Law Journal, reporter Thomas Adcock describes the book as "witty" and "suffused with humor." (Adcock is himself the award-winning author of several novels.)

Rao, meanwhile, is doing the Q&A circuit. Earlier this month, she spoke with Peter Lattman at Law Blog, who asked her how much of the novel was based on personal experience. Her reply:

"While informed by personal observations, this is a novel, this is fiction. If I wrote a memoir it would be pretty damn boring. I clerked in the Third Circuit, the novel is based in the Third Circuit. People can draw their own conclusions."

Brett McKay also interviews Rao at his blog, The Frugal Law Student. He asks her that all-important law student question, "How much debt did you incur while in law school?" Her answer:

"I did take out loans to pay for half of law school. But I was also deeply lucky to have parents who paid for the other half."

She has yet to pay off that debt, she confides, but the second novel she is already at work on may help.

Posted by Robert J. Ambrogi on June 26, 2007 at 03:25 PM | Permalink | Comments (0)

Blawg Review: Double the Hosts, Double the Fun

For this week's Blawg Review #114, two bloggers team up as hosts, and the result is an almost double-length collection of citations to the week's best of the legal blogs. Double-teaming for this first Blawg Review of summer 2007 are mediator Stephanie West Allen of idealawg and mentor and lawyer coach Julie Fleming-Brown of Life at the Bar. With Julie already at the beach and Stephanie visualizing herself there, the two offer their summer summary of the sangria and watermelon of the legal blogosphere. 

Posted by Robert J. Ambrogi on June 26, 2007 at 03:21 PM | Permalink | Comments (0)

Sneak Peek: Top-ranked EDD Vendors

As I noted here a year ago, the annual Socha-Gelbmann Electronic Discovery Survey could be called the Consumer Reports of EDD vendors. Based on vendor-provided data, interviews and other research, the survey ranks the top EDD companies and provides information on a number of others. The survey costs $5,000 to purchase, but an abbreviated version will be published in the August issue of Law Technology News. Today at her blog The Common Scold, LTN editor-in-chief Monica Bay has a sneak preview of the report. Among other things, she reveals the survey's 2007 picks for the top-five EDD providers. They are:

Monica has other peeks at the survey, including the top-ranked providers of EDD software. Read more at her blog and watch for the article in the August LTN.

Posted by Robert J. Ambrogi on June 26, 2007 at 03:19 PM | Permalink | Comments (0)

Cadwalader's Bed Bug Solution

Bugs have been found in the New York office of white-shoe law firm Cadwalader, Wickersham & Taft. They are not of the eavesdropping kind, but of the bothersome, itch-inducing bed bug kind. At the blog Abovethelaw.com,  David Lat has the memo sent yesterday to all New York staff from chairman Robert O. Link Jr.

According to the memo, said bed bugs were found not in beds, but in the 33rd floor word-processing department. In a paragraph that could only -- as Lat observes -- have been written by a lawyer, Link advises:

"We immediately arranged with Assured Environments, a full-service integrated pest management firm operating in the metro NY area for over 70 years and a specialist in the treatment of bed bugs, to review our problem and make recommendations on both short and long-term solutions."

The short-term solution: remove the box from whence said bugs emerged. And remove the person who brought the box. There was a guilty party, the memo suggests, who brought the bed bugs into the firm. That person, Link adds, "is no longer associated with the firm."

Link goes on -- again sounding every bit the lawyer:

"Bed bugs, while not usually found in a work environment, can cause uncomfortable itching. They do not show themselves during daylight hours, only at night in the dark. ... The best evidence of bed bugs is not the actual bugs but the waste material left behind that is either a dark brown or reddish color."

He later concludes:

"Other reports of insects -- which we receive periodically in an office environment -- have been carefully investigated and, in each instance, were identified as fruit flies or gnats."

So there you have it: short- and long-term strategic planning and solutions, application of the best-evidence rule, and careful ongoing investigation -- all in a day's work for a major law firm responding to a bed bug crisis. Meanwhile, Cadwalader's fruit flies and gnats are resting easy.

Posted by Robert J. Ambrogi on June 26, 2007 at 03:15 PM | Permalink | Comments (0)


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

Friday, June 22, 2007

fROM Legal Blog Watch


Avvo's Ratings 'a Crock'

Trust us, Avvo's ratings are a crock. So writes Scott Graham, editor-in-chief of The Recorder in San Francisco and Cal Law, at the blog Legal Pad. With all the controversy surrounding the new lawyer-rating service, Graham decided to see how some of California's most prestigious attorneys fared. He picked some of the top names from Chambers USA's guide to California's attorneys and found that Chambers and Avvo do not always agree. In the bankruptcy arena, for example, here is what Graham found:

"L.A. bankruptcy lawyer Kenneth Klee was one of the select few to score a perfect 10. Heller Ehrman bankruptcy partner Peter Benvenutti notched a nice 8.9. But Winston & Strawn bankruptcy sage Patrick Murphy -- identified by Chambers as a 'senior statesman' -- scored only 7.3. And Howard Rice's James Lopes was rated 6.5. What was PG&E thinking putting him in charge of its $12 billion bankruptcy?"

Corporate heavyweights met with similarly inconsistent results. For example, Graham writes:

"Cooley Godward M&W whiz Keith Flaum was rated 6.5, and O'Melveny heavyweight Warren Lazarow got two ratings, 6.7 and 6.4. Flaum and Lazarow were thus rated lower than ex-Hewlett Packard GC Ann Baskins (6.9), who resigned from the company last year after pleading the Fifth Amendment in regard to the pretexting scandal, and former Mercury Interactive Corp."

Graham walks through a number of examples, ending with The Recorder's own attorney, Levy Ram & Olson's Karl Olson, "who has rendered incomparable service to us for more than a decade." His Avvo rating: a "paltry 6.5." Leading Graham to conclude, "the ratings are a crock."

(Our legal-affairs podcast Lawyer2Lawyer earlier this week spoke with attorney John Henry Browne, a lead plaintiff in the lawsuit against Avvo. Also on the program were bloggers Denise Howell and my Legal Blog Watch colleague Carolyn Elefant. Avvo representatives declined to participate.)

Posted by Robert J. Ambrogi on June 22, 2007 at 02:45 PM | Permalink | Comments (0)

At Legal Tech, Whirlwinds and Shifting Winds

Law Technology News editor-in-chief Monica Bay attended Legal Tech West Coast this week, where  her technology barometer found both whirlwinds and shifting winds, as she relates at her blog The Common Scold.

The whirlwind, she reports, was the entire show. But she was particularly proud of one program near and dear to her heart: "Green Law: A Leadership Challenge." The program, which Monica moderated, featured presentations by Alvidas Jasin, director of business development at Thompson Hine, who offered a mini version of Al Gore's An Inconvenient Truth; Bruce Lymburn, partner with Wendel Rosen, Black & Dean, on "The Greening of a Law Firm"; Matthew Heartney, a partner with Arnold & Porter, on developing a green office initiative; and Tony Hoke, global technology purchasing and assets manager at Morrison & Foerster, on the leadership challenge of green law. For those of us who missed the panel, Monica's post includes links to download PowerPoints of the presentations.

As for shifting winds, Monica found them at Legal Tech in the way that e-discovery vendors are shifting their postures from defense to offense. She explains:

"I just wrote a mini-essay in LTN (p5, July) about a huge trend that I've noticed this spring -- that EDD vendors who are changing from a 'reactive' approach to e-discovery in favor of a 'consulting' approach. (That plus a definite power shift to GCs in determining technology tools.)

"Kroll is the latest EDD vendor to announce a new consulting arm -- Ontrack Consulting -- and I'm sure there will be more. Clearly, we're at 'EDD 2.0' -- or maybe 3.0 -- as the focus moves to 'litigation readiness' rather than reacting to a particular lawsuit."

This was not the only trend Monica found bubbling to the surface at Legal Tech. For the others, you will have to read her full post.

Posted by Robert J. Ambrogi on June 22, 2007 at 02:44 PM | Permalink | Comments (0)

Report: Labor Laws Systemically Flaunted

Laws mean little if not enforced. That is the premise of a study published this week by the Brennan Center for Justice at NYU School of Law that documents a pervasive workplace culture of noncompliance with basic wage, hour and safety laws. So extensive is this disregard of labor and employment law, argue the authors, that it threatens to become an established way of doing business in the United States.

Based on three years of research and more than 300 interviews, the report, Unregulated Work in the Global City, examines conditions in New York City. But the conditions they describe, the authors contend, exist throughout the U.S. economy.

"In this report, we describe a world of work that lies outside the experience and imagination of many Americans. It is a world where jobs pay less than the minimum wage, and sometimes nothing at all; where employers do not pay overtime for 60-hour weeks, and deny meal breaks that are required by law; where vital health and safety regulations are routinely ignored, even after injuries occur; and where workers are subject to blatant discrimination, and retaliated against for speaking up or trying to organize.

"Such conditions exist here in New York City, in occupations and industries that span the breadth of the city's economy. They are not isolated, short-lived cases of exploitation at the fringe of the city's economy. Instead, the systematic violation of our country's core employment and labor laws – what we call 'unregulated work' – is threatening to become a way of doing business for unscrupulous employers. And yet from the standpoint of public policy, these jobs (and the workers who hold them) are too often off the radar screen."

The report was written by Annette Bernhardt, deputy director of the Brennan Center's Justice Program; Siobhan McGrath, former Brennan Center research associate; and James De Filippis, assistant professor of black and Hispanic studies at Baruch College. Based on their findings, they call on federal and state governments to strengthen the labor laws and their enforcement of those laws and to provide equal protection to immigrants in the workplace.

Posted by Robert J. Ambrogi on June 22, 2007 at 02:42 PM | Permalink | Comments (0)

Filling the References Void

At Counsel to Counsel blog, Stephen Seckler points to two pieces -- one recent, one older -- that address an often vexing question for job seekers: What to do when you don't have a reference, either because you've had only one job or because you've left a job on unfavorable terms?

The first situation -- where the job seeker's current employer is his or her first -- is addressed this week by legal recruiter Ann Israel in her New York Law Journal column, Advice for the Lawlorn. Israel's advice turns on whether a recruiter is involved.

"If so, the recruiter should explain to the prospective employer that you will be more than happy to give references as soon as an offer has been extended, accepted and you have given notice. That is normal procedure and how 99.9 percent of the law firms operate."

If no recruiter is involved, the job seeker should directly ask the same of the firm. Rarely, a firm will say that it cannot extend an offer until it checks references, Israel says, but this is "utter nonsense." Still, a candidate can always dig deeper for references -- law school professors and internship supervisors, for example.

The second situation -- where one has been fired from a job or quit on shaky terms -- was addressed in an August 2006 CareerJournal.com column by Dana Mattioli. First off, writes Mattioli, don't assume that your firing necessarily means you can't get a good reference. "It isn't unusual for managers to put in a good word for employees whom they have dismissed." Second, contact former bosses and use them as references. Third, find other managers from within your former workplace who may be sympathetic to your situation and solicit references from them. Fourth, use former clients or vendors as references. Last, verify your former employment through the HR department, not through your former boss, lest the former boss say something negative.

As Ann Israel sums it up: "Not to worry -- every problem has a solution."

Posted by Robert J. Ambrogi on June 22, 2007 at 02:41 PM | Permalink | Comments (0)


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