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Legal Blog Watch

Pre-Paid Legal Services Are a Good Bet, but What About Investing in Biglaw? I was surprised to learn that Prepaid Legal Services comes recommended as a strong investment opportunity at two different stock market advice sites, Motley Fool and Seeking Alpha. I'd always believed that pre-paid services were so limited in scope, basically covering simple routine matters like will drafting or uncontested divorce, that they didn't interest many consumers. Plus, a few months ago, I posted on impending FTC regulations that would significantly restrict some of the multilevel marketing schemes employed by Pre-Paid Legal, thereby reducing sales. Finally, I'd often wondered how Pre-Paid Legal is able to attract enough attorneys to handle cases, given the substantial fee discounts that attorneys must offer for work covered by the plan. But apparently, I was wrong about many of these issues. A recent article in the National Law Journal reports that many solo and small-firm attorneys are drawn to providing service for pre-paid plans because the stable income outweighs the low rates. And analysts view pre-paid plans as a good investment for other reasons as well. At Seeking Alpha, Alex Shadunsky writes that Pre-Paid Legal has only one competitor (Hyatt Legal), and its target market consists of 100 million households, with only 1.5 million presently subscribing: This is a big opportunity. Litigation in the United States is a constant; I don't see how this market can shrink if the population of the United States does not shrink and grows at the steady pace it has been growing. If there becomes a Democrat majority in the government, this can also potentially grow PPD's member base in the short term since Democrats are more apt for litigation. I wonder whether the same considerations that make Pre-Paid Legal such an attractive investment opportunity would also apply if bloggers like Larry Ribstein have their way, and large law firms can go public.  Posted by Carolyn Elefant on May 18, 2007 at 04:14 PM | Permalink | Comments (0) Women Lawyers Opting In Used to be that once woman lawyers jumped off the career path, like Hansel and Gretel, they never found their way back. But in some small ways, that scenario may be changing, as more and more professional women are choosing to return to work after spending several years out of the work force to raise children. The trend, referred to as "opting in" is described in this New York Times piece by Lisa Belkin entitled After Baby, Boss Comes Calling (5/17/07; hat tip to Denise Howell). The article reports on many of the resources now available to professional women who seek to return to the work force, such as refresher courses and networking groups that weren't available even as recently as five years ago. Moreover, there's been a sea change in employers' attitudes: With high-skilled talent in demand, firms are actively targeting women who've left the work force for jobs. And even law firms are opting in: The law firm of Heller Ehrman, for instance, created a group called the Opt-In Project, which has spent the past year studying the way the firm does business. At the end of the month, the group plans to unveil a proposal to abandon the idea of billable hours that is deeply ingrained in the profession. "We can't afford to keep losing all these people," says Patricia Gillette, founder of the project. "The way we currently reward spending more and more hours at work makes no sense in a world where people demand balance." Still, Belkin herself remains skeptical, as do others in the blogosphere. Belkin writes: So I am too jaded to believe that this small handful of trendsetters will bring transformation overnight. They will not change the fact that too many employers still look at a résumé gap as a disqualifying mark; or that women who leave and return pay an average 18 percent salary penalty compared with those who never pause; or that men feel constrained from asking for flexibility because it carries a stigma; or that the only way to eliminate the stigma is for men to start to ask. At The Conglomerate, Christine Hurt questions whether you can ever really go home again after having left: Putting aside biases against employment gaps and the priorities reflected in opting out of the work force, how much does the work change in five years?  I left Skadden nine years ago to go into teaching.  My section isn't even called the same thing.  Does it do the same thing?  Would I be able to hit the ground running?  And forget about me, someone who has been in academia and at least following my industry from a distance.  What about a parent who has been rearing children and occasionally reading the WSJ? Likewise, Belle Lettres is skeptical that this is really a trend: But I can't say I trust such anecdotal evidence--just because a few elite firms are changing their policies, or just because there is a "many" or "most" shift in public opinion about work/life balance doesn't mean that there's really a change coming. I hope there is one. But I'll believe it when I see it--or rather, the empirical data and a pro-worker amended statute. Maybe opting in is a real trend, or maybe it's just an exaggeration, based on a handful of anecdotal stories as Belle Lettre suggest. And perhaps there are, as Hurt writes, barriers to re-entry. But at the end of the day, who cares? By highlighting the very possibility of opting in, difficult or limited in scope as it may be, we make women realize that there's a chance for second or third acts if they're willing to work hard enough for them. And that may be enough to inspire a talented woman (maybe even another Sandra Day O'Connor, who also left the work force to raise her children) to return to the law. Posted by Carolyn Elefant on May 18, 2007 at 04:10 PM | Permalink | Comments (0)

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Quick Links Corporate Affiliate Program Search with knuru Subscribe to iTunes Change Password Update Email address Retrieve Password Content Licensing Get our XML/RSS feed Homepage May 16 - May 29 Note To Readers Knowledge@Wharton is pleased to continue its Corporate Affiliate Program which allows businesses to maintain consistent communication with their audience, including clients and employees, through their own co-branded version of Knowledge@Wharton. We are happy to report that many have successfully joined the program, and several more are in the process of doing so. To check out the Corporate Affiliate Program web site and its free demo, please visit: http://knowledge.wharton.upenn.edu/weblink/294.cfm -- The Knowledge@Wharton Team _________________________________________________________________ What's Hot Wireless Broadband Utopia: Are We There Yet? The wireless broadband pieces appear to be falling in place: Sprint Nextel says its next-generation high-speed network will be launched in a few markets by the end of 2007. Intel plans to embed so-called "WiMAX" enabled semiconductors in laptops by the end of 2008, and startups like Craig McCaw's Clearwire hope to blanket much of the nation with WiMAX service. Other companies are supporting hybrid wireless networks so that devices can hop between technologies. Where is all this heading, and what does it mean for the "Anywhere Consumer"? http://knowledge.wharton.upenn.edu/article/1739.cfm Leadership and Change (Podcast) Presidential Politics: What to Expect from France's Nicolas Sarkozy On May 6, conservative Nicolas Sarkozy won the French presidential election, defeating socialist Segolene Royal and taking over from Jacques Chirac, who had held the positon for 12 years. The election drew a very high 85% turnout, which many saw as a sign that French voters recognize the need to get out from under their economic stagnation and social unrest. Sarkozy is depicted as a friend, but also a critic, of the U.S.; as a supporter, to some degree, of the European Union; and as a reformer bent on changing France's burdensome labor laws, but also willing to meet with union leaders. Knowledge@Wharton asked Jeff Weintraub, a visiting scholar with the University of Pennsylvania's political science department, to give us his views on the possible consequences of Sarkozy's election. http://knowledge.wharton.upenn.edu/article/1742.cfm Innovation and Entrepreneurship Business Plan Competition 2007: The 'Eight Great' Make Their Pitch In a perfect world, there would be faster computers, less lower back pain, more accurate ways to detect the warning signs of a heart attack and even better-fitting business attire for female executives. And that would mean more comfort and time to enjoy the sweet things in life, like a gourmet chocolate bar. If the "Eight Great" finalists in the 2006-2007 Wharton Business Plan Competition -- who recently competed for more than $70,000 in prize money -- are able to achieve their entrepreneurial schemes, the world would indeed become such a place. Knowledge@Wharton summarizes the presentations and announces the winners. http://knowledge.wharton.upenn.edu/article/1738.cfm Executive Education Middle Eastern Businesswomen Discuss Challenges They Face at Home and Abroad This spring, Wharton and the Penn law school hosted 37 professional women from the Middle East for a four-week legal and business fellowship program offered in partnership with America-Mideast Educational and Training Services (AMIDEAST) and the U.S. State Department. The women studied management and business skills at Wharton executive education and legal skills at the law school. Knowledge@Wharton asked three women from the program to talk about their experiences in the U.S. as well as in their home countries, including their views on such topics as workplace ethics, business opportunities for women and the role of Islam in society. http://knowledge.wharton.upenn.edu/article/1740.cfm Marketing Are Your Customers Dissatisfied? Try Checking Out Your Salespeople The sales associate, noticing the approach of a customer, is suddenly intent on restocking merchandise or discussing when she will take her next break -- anything to avoid actual contact with the shopper. It's the type of behavior that dominates the list of complaints cited in the second annual Retail Customer Dissatisfaction Study. The study, conducted by Wharton's Jay H. Baker Retail Initiative and the Verde Group, found that disinterested, ill-prepared and unwelcoming salespeople lead to more lost business and bad word-of-mouth than any other management challenge in retailing. http://knowledge.wharton.upenn.edu/article/1735.cfm Human Resources Workplace Loyalties Change, but the Value of Mentoring Doesn't In Homer's poem "The Odyssey," Odysseus had a tough time finding his way home after the Trojan War, what with all those monsters threatening to derail his journey. But Odysseus at least had left a wise and trusted fellow named Mentor to be the guardian and teacher of his son, Telemachus. Modern employees need mentors as much as Telemachus, especially in these times of upheaval. In fact, mentoring is just as important as ever for younger workers -- and for organizations themselves -- according to experts at Wharton and elsewhere. http://knowledge.wharton.upenn.edu/article/1736.cfm Marketing Serving Up Smaller Restaurant Portions: Will Consumers Bite? The average person, according to the experts, makes 200 food-related choices a day. Actually, make that 201 choices. Courtesy of a new campaign by a leading restaurant chain, diners who are used to choices that make their meals bigger can now actually choose to order portions that are significantly smaller. This spring, T.G.I. Friday's announced what it called an "unprecedented move in the casual dining industry" when the restaurant chain began offering smaller portions at lower prices for select dishes. The question now becomes: Will consumers bite? Or, in this case, bite less? http://knowledge.wharton.upenn.edu/article/1737.cfm Managing Technology Shantanu Narayen on Adobe's Future Direction: Product Strategy for the Next Generation of the Web A key element of what has been called "web 2.0" -- along with ideas such as user-generated content and social networks -- is the concept of "rich Internet applications," which use the web as a platform for innovative types of online experiences. A new generation of Internet-connected applications is beginning to emerge led by such companies as Adobe Systems. Knowledge@Wharton recently interviewed Adobe president and COO Shantanu Narayen about the company's latest product introductions. In the second part of this interview, published in India Knowledge@Wharton, Narayen talks about the key role that India will play in the company's global growth strategy. http://knowledge.wharton.upenn.edu/article/1741.cfm _________________________________________________________________ Survey on Idea Creation The Wharton management department is conducting research on how creative ideas advance from the conceptual stage to the funded development stage. Below is a link to a survey asking readers -- who are either idea advancement decision-makers or idea creators -- to describe factors surrounding one great idea that advanced, and one great idea that did not, as a way to identify factors that might help or hinder the idea advancement process. The survey will not require readers to disclose any personal data or proprietary information about their ideas. Those who participate can receive the study results, if they choose. Please take a moment to click here to complete the survey. http://knowledge.wharton.upenn.edu/weblink/316.cfm _________________________________________________________________ Articles from Around the Network

VEAMOS EL LEGADO DE TONY BLAIR EN BBC

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Fallo de la OMC: fin de las bandas en el Mercurio

Fallo de la OMC: fin de las bandas La Organización Mundial de Comercio (OMC) declaró que las bandas de precios que protegen a los productos agrícolas tradicionales de la competencia mundial son incompatibles con los acuerdos de comercio internacional. Su fallo —cuyo contenido se esperaba— es inapelable, y con él culmina una serie de reveses chilenos ante la OMC en esta materia. El Gobierno debe ahora encontrar otro mecanismo para proteger la agricultura tradicional, pues no hacerlo parece políticamente inviable. Se plantea, como alternativa, aplicar un arancel fijo y permanente a estos productos. Chile tiene un arancel uniforme de seis por ciento para todos sus productos, pero su arancel consolidado —es decir, el máximo acordado con la OMC— es mucho mayor, alcanzando a 31,5 por ciento para el trigo y la harina de trigo, y a 98 por ciento para el azúcar. Esto permitiría fijar los aranceles efectivamente aplicados hasta en ese nivel. Pero elevarlos en forma permanente por sobre el seis por ciento violaría la uniformidad de los aranceles efectivos aplicables a importaciones. En la práctica, tal uniformidad no existe, por los acuerdos comerciales, que los reducen para las importaciones provenientes de los países signatarios, así como por las propias bandas de precios, que funcionaron como un arancel bastante más elevado que el seis por ciento para estos productos. Los problemas de la agricultura tradicional son de larga data, ya que las bandas de precios fueron inauguradas en 1986, y desde entonces han protegido al sector. Esto lo ha ayudado a sobrevivir, pero también ha mantenido la producción en predios que no eran suficientemente productivos para competir con éxito no artificial, y que han necesitado subsidios permanentes. Los productores eficientes, en tanto, reciben un ingreso o renta adicional, pagado por los demás chilenos, debido a una protección que no es estrictamente necesaria para ellos. Así, las bandas retrasan el ajuste necesario en el agro, que, de hacerse, llevaría a desplazar tierras marginales para los cultivos tradicionales hacia otros usos, tales como forestales, praderas ganaderas mejoradas o nuevos productos exportables. En todo caso, como casi todos los sectores productivos, el agro —el de exportación y aquel que sustituye importaciones— sufre debido al bajo valor del dólar, que reduce la competitividad de nuestras exportaciones, al tiempo que aumenta las importaciones. Se trata de una forma de la "enfermedad holandesa", como consecuencia del alza en el precio del cobre. No es fácil manejar la política económica en esas condiciones, pues un aumento en el gasto, sumamente tentador cuando abundan los recursos, tiende a elevar el precio de los productos no transables y a hacer menos competitivos a los transables. Esto castiga a los exportadores y a las empresas que compiten con importaciones. Una posibilidad sería expandir los programas de conversión de la agricultura tradicional, financiando el uso de fertilizante en praderas ganaderas, así como aquellos que generan un ingreso estable a los pequeños agricultores que plantan bosques. Como gran parte de la industria nacional, el agro sufre, asimismo, por el alza en el precio de la energía. Más aún, la fruticultura de exportación se queja de que, al aumentar el período de punta del sector eléctrico, aunque eso se justifique técnicamente, eleva de modo drástico los costos de las procesadoras en el momento álgido de la poscosecha. En síntesis, el agro enfrenta una serie de dificultades que se potencian recíprocamente. Se requiere, pues, un enfoque global que considere el conjunto de la economía.

Posteado por El Mercurio a las Mayo 11, 2007 06:45 AM | Comentarios (0)

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Seth Godin The long

Seth Godin The long, tough slog through mediocre-ville. To be the best, Seth Godin explains, you must concentrate your effort, push a little harder, commit a few more resources and leave mediocre to those willing to be average.

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Seth Godin is a bestselling author, entrepreneur and agent of change. In Free Prize Inside, his follow up to the best selling marketing book of 2003, Purple Cow, Seth helps you make your product remarkable with soft innovations. You need to make each of your employees idea champions so they can find the Free Prize. Godin is author of six books that have been bestsellers around the world and changed the way people think about marketing, change and work. Seth is a renowned speaker as well. He was recently chosen as one of 21 Speakers for the Next Century by Successful Meetings and is consistently rated among the very best speakers by the audiences he addresses. He holds an MBA from Stanford and was called "the Ultimate Entrepreneur for the Information Age" by BusinessWeek.

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from legal watch blog

Legal Blog Watch

Forward This at Your Own Risk By way of the Fortune magazine blog The Browser comes word of a forthcoming law review article that posits the argument that forwarding an e-mail is a violation of copyright law. In the article, A Copyright Conundrum: Protecting Email Privacy, Ned Snow, assistant professor at the University of Arkansas School of Law, finds a 250-year-old common law tradition granting copyright protection to authors of personal correspondence. While congressional enactment in 1976 of the Copyright Act arguably changed all this, Snow concludes that constitutional limits on the reach of copyright legislation mean that this protection of personal correspondence remains very much alive -- and encompasses e-mail. From the abstract: "The issue of whether common-law copyright today protects email expression turns on whether the Federal Copyright Act preempts common-law copyright. The Copyright Act includes a fair-use defense to infringing uses of unpublished works, and that defense likely applies to email forwarding. A strong argument exists, however, that the Act does not preempt common-law rights of expression which protect privacy. Federal preemption extends only as far as the Constitution permits. According to the Copyright Clause in the Constitution, federal property rights in expression are limited to rights that forward a utilitarian end. Rights of privacy do not forward a utilitarian end. The Act should therefore be construed as not preempting common-law copyright's protection of privacy. Email forwarding must yield to privacy protection." This is as it should be, Snow argues in the article, which will be published in a forthcoming issue of the Kansas Law Review. "Any seemingly excessive litigation over email will in the end be productive, ensuring senders' privacy," he writes. "For email to be as thoughtful, clear, and creative as possible, privacy of expression must be recognized." I hereby seek certification as plaintiffs counsel to a class of all who've ever had their e-mail forwarded. Posted by Robert J. Ambrogi on May 3, 2007 at 02:03 PM | Permalink | Comments (0) Quiet Firm Manages Old Media Money With media magnate Rupert Murdoch's $5 billion bid this week for Dow Jones & Co., parent to The Wall Street Journal, attention was focused on the Bancroft family, old-line New Englanders who own the controlling stock of Dow Jones. As a fascinating report today in The Boston Globe describes, the family "has shunned hands-on management and has instead entrusted much of its legacy to powerful but discreet Boston lawyers." "The Bancroft heirs, who collectively own stock that would be worth about $1.2 billion if the Murdoch offer were accepted, have occasionally been divided on the question of how best to manage their Dow Jones holdings. While the heirs are scattered about the country and engaged in their own endeavors, the center of their financial power has remained in Boston, with the law firm of Hemenway & Barnes, on State Street, which will probably play a major role in their final decision." Hemenway & Barnes is a 144-year-old firm with 30 lawyers engaged primarily in trusts-and-estates law. As the Globe reports, its motto, "A Wealth of Experience," "neatly describes its niche: managing old money." One partner, Michael B. Elefante, not only serves as Bancroft family attorney but he also sits on the 17-member Dow Jones board of directors, along with three Bancroft family members. Another Boston lawyer described Hemenway as the Bancroft family's "de facto gatekeeper." The Globe explains: "Their Dow Jones fortune is tied up in a trust system that is prevalent in Boston; in that system, change does not come quickly. The way trusts such as the Bancroft fortune are managed places great power and control in the hands of lawyers who make financial decisions on behalf of family members. It is a system that evolved in the 19th century, said experts in the field." Robert Glovsky, president of Mintz Levin Financial Advisors in Boston, explained it to the Globe this way: "Instead of giving money to the banks in those days, they gave it to their lawyers." Ah, the good old days of good old money. Posted by Robert J. Ambrogi on May 3, 2007 at 02:00 PM | Permalink | Comments (0) The Uneven Partnership Track Women lawyers jump off the partnership track at a much higher rate than their male counterparts, and the reason remains rooted in the "neo-traditional division of family labor" that leaves women bearing greater responsibility for children and households. This is the conclusion of a report published yesterday, Women Lawyers and Obstacles to Leadership, from the MIT Workplace Center. The report draws on the findings of two surveys, one of attrition rates in Massachusetts law firms and the other of career decisions in the practice of law. It seeks to provide an explanation for the "confounding fact" that women and men have been graduating from law school and entering firms in virtually equal numbers for at least 15 years, but women make up only 17 percent of firm partners. Even excluding the period before women entered firms in large numbers, the number of women partners would only be 21 percent. The report finds that women leave the partnership track at a much higher rate than men. Some move to off-track positions within their firms, but nearly a third of associates and another third of nonequity partners leave firm practice entirely, compared with less than 20 person of men at both levels, the report says. They leave because of the difficulty of combining law firm work and child rearing. And those women who stay at a firm part time do not receive treatment equal to their full-time counterparts. Interestingly, men on the partnership track, on average, have more children than their female colleagues, but few adopt part-time schedules to care for family. The difference: Most male lawyers live with someone who is able to assume responsibility for family care. By contrast: "Most of the female lawyers live with spouses or partners who have an equal or greater commitment to their careers and contribute an equal or higher percentage of the household income so that both have severe time constraints. And assuming traditional gender roles, more women than men in law firms solve the time problem by reducing work time which for many means leaving firm practice." In The Boston Globe, Lauren Stiller Rikleen, a senior partner at the law firm Bowditch & Dewey and author of the book, Ending the Gauntlet: Removing Barriers to Women's Success in the Law, says of the survey: "This shows that we are reaching a crisis point when it comes to the retention and advancement of women in the legal profession, and therefore a crisis point when it comes to women leaders generally." Posted by Robert J. Ambrogi on May 3, 2007 at 01:58 PM | Permalink | Comments (0)

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Legal Blog Watch

Patent Law Podcast: KSR and Microsoft With two important Supreme Court patent rulings this week -- KSR International v. Teleflex and Microsoft v. AT&T -- the legal-affairs podcast Lawyer2Lawyer pulls together a panel of legal experts to discuss their implications for practitioners and businesses. Joining my co-host, J. Craig Williams, and me as guests on the program are: Matthew I. Kreeger, a patent litigator in the San Francisco office of Morrison & Foerster. Matthew Buchanan, author of the IP blog Promote the Progress and partner with the Oklahoma firm Dunlop, Codding and Rogers. Joshua D. Sarnoff, professor of law at Washington College of Law and assistant director of the school's Glushko-Samuelson Intellectual Property Law Clinic. Download or listen to the full program at the Legal Talk Network. Posted by Robert J. Ambrogi on May 4, 2007 at 02:39 PM | Permalink | Comments (0) Britain: A Libel Tourist's Paradise To my knowledge, the U.K. visitors' bureau has yet to print up glossy brochures touting the fact, but Britain -- long a popular destination for libel plaintiffs -- is becoming even more so as courts carve out new protections for personal privacy. In a column published yesterday, Madonna's Nanny Diaries, lawyer Kai Falkenberg, editorial counsel for Forbes, describes how celebrities are using U.K. legal developments to their own advantage. While the United Kingdom has long been known for plaintiff-friendly libel laws, there were no equivalent protections for privacy, Falkenberg writes. "But that may soon change. Several recent cases brought by celebrities have effectively created a new privacy law in the U.K. And recently, the House of Lords upheld a landmark ruling barring the friend of a well-known folk singer from publishing certain passages of a tell-all book about the celebrity." The folk singer, Canadian Loreena McKennitt, successfully challenged publication of a book revealing details about her personal life. The House of Lords upheld the decision, in what Falkenberg calls "the most important privacy decision in 20 years." That comes on the heels of successful privacy suits by Prince Charles  and Princess Caroline of Monaco. These developments lead Falkenberg to conclude: "Loose-lipped Brits should beware. Revealing a confidant's secrets might not just lose you a friend -- it may affect your pocketbook as well. The real impact, of course, of this de facto new privacy law will be on book publishers and the tabloids. And the repercussions will be felt far beyond the British Isle. Courts in the former commonwealth countries and others often give weight to U.K. precedents." All of which does wonders for U.K. tourism, at least when the tourists are U.S. celebrities. Posted by Robert J. Ambrogi on May 4, 2007 at 02:35 PM | Permalink | Comments (0) Ethics of Offshoring, Redux At Strategic Legal Technology, Ron Friedmann brings news of another bar opinion on the ethics of offshoring legal work. He summarizes: "[T]he San Diego County Bar Association has issued Ethics Opinon 2007-1, which analyzes in detail a factual scenario of a California lawyer who outsources significant substantive aspects of legal analysis to lawyers in India. It's a long opinion that answers three questions. In my reading (and - remember - I don't practice law), subject to some reasonable caveats, offshoring is permissible." Friedmann wrote in October about an opinion on offshoring from The Association of the Bar of the City of New York, which likewise concluded that the practice was ethically permissible. The complete San Diego opinion is here. Further analysis of it is available from The National Law Journal and from Mark Ross at the blog Legal Process Outsourcing. Posted by Robert J. Ambrogi on May 4, 2007 at 02:33 PM | Permalink | Comments (0) Should Women Lawyers Stage Job Action? After our post yesterday about the MIT Workplace Center report, Women Lawyers and Obstacles to Leadership, reaction continued to come in from around the blogosphere. Among the responses were two somewhat radical ideas for addressing the female partnership problem. The first came from Bruce MacEwen at Adam Smith, Esq. Addressing the inherent conflict between women's roles as mothers and as potential partners, his self-described radical suggestion is to "decouple" a women's prime child-bearing years from her prime partnership-track years. His idea is that firms would allow women to take off from the firm for as long as seven or eight years to start their families. When these women return to the firm, "they would jump right back on the partnership track ladder." He adds: "Those who return will be highly motivated, and they will also have gained a level of maturity and picked up skills that will be of genuine value to the firm and its clients." Meanwhile, via Stephen Seckler at Counsel to Counsel comes what is, perhaps, an even more radical suggestion than MacEwen's. Seckler attended Wednesday's Boston reception presenting the MIT report. Later, he received an e-mail from another attendee, Sheila Statlender, a clinical psychologist in Newton, Mass., who sits with Seckler on the Boston Bar Association's Standing Committee on Work/Life Balance. Statlender's e-mail conveyed a number of her "musings" about the report, then concluded with this idea: "I fantasized about a walk out of female attorneys, hopefully accompanied by their male supporters -- perhaps only an hour or two in length, to protest current conditions and to express support for the ideas/strategies proposed at yesterday's briefing. Or an all day conference, a sort of pre-planned walkout, filled with workshops on getting better assignments, business development, the work-life continuum, ... self-care, etc. -- not held on the weekend, but pointedly during the workday." Women lawyers of the world, unite? Why not? Imagine the impact if women lawyers throughout the United States walked off their jobs for a single, organized day of workshops and events. Even better, imagine if their male supporters joined them. Would the business of law grind to a halt? You bet it would. Would progress be made? No doubt. Posted by Robert J. Ambrogi on May 4, 2007 at 02:32

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President Bachelet: "We are talking about undeniable facts"

President Bachelet: "We are talking about undeniable facts" Friday, 27 April 2007 The President of Chile, Michelle Bachelet, highlighted some of the main advances made by her administration in terms of social protection at a ceremony to sign Law 17,336 on intellectual property. She said that "we are making good on the commitments we have made, and I, as President, am going to continue working without rest to meet all the commitments I have made to the people. Chile is growing, and will continue to grow, advance and develop." Read more...

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Special Section
Boom Time: Russia's Abundant Oil and Gas Reserves Are Powering up the Economy
The Big Bear is roaring in the first decade of the 21st century. Sixteen years after the collapse of the Soviet Union, Russia is once again making a play for Great Power status. In addition to its massive stockpile of nuclear arms, the country has resources that may give it even more leverage in the post-Cold War world -- one of the world's biggest reserves of oil and its biggest reserve of natural gas, as well as abundant supplies of aluminum, titanium and timber. The key to Russia's future will be transforming this commodities wealth into the kind of high-tech development that the world's strongest economies need. Knowledge@Wharton looks at the strengths and weaknesses of Russian industry, including its dependence on oil revenues, and analyzes the consumer goods and real estate sectors as well as the impact of the country's demographics on its economic health.
http://knowledge.wharton.upenn.edu/weblink/314.cfm

No Going Back: Russia Today Suggests Stability Instead of Chaos
Twenty years ago, few would have predicted that Russia would soon experience an economic boom. The country's economy had been shackled for decades by Soviet rule. It managed to produce oil, nuclear warheads, Kalashnikov rifles and very little else of interest to the market economies in the West. Then came the reforms of former Soviet President Mikhail Gorbachev, perestroika, the revolution of former President Boris Yeltsin, free markets, and billion-dollar fortunes for at least a few. But how are average Russians faring under these changes, and what challenges lie ahead in areas like health care, education and employment?
http://knowledge.wharton.upenn.edu/article/1716.cfm

Russia: 'Floating on an Enormous Pool of Petrodollars'
No one disputes that oil has fueled Russia's return to international prominence. The country has the world's second biggest oil reserves, behind Saudi Arabia, and its largest natural gas reserves. Each uptick in the price pumps billions of additional dollars into the Russian economy. The problem is, however, that oil-rich nations seldom transform their resource endowments into innovative market systems or branch out into other industries. Indeed, "petrostates" usually don't take steps to prepare for the day when their wells run dry. Will Russia be any different? Experts weigh in.
http://knowledge.wharton.upenn.edu/article/1717.cfm

Cell Phones, Cosmetics, Coffee: Russians Go on a Shopping Spree
Pent-up demand for consumer goods is surging in Russia, thanks to seven years of oil-lubricated economic growth. After decades of privation under the Soviet system, many Russians now find themselves with rubles in their wallets, eager to buy a range of newly available items ranging from IKEA furniture to designer watches to expensive meals at restaurants. It's a retail revolution -- helped along by credit cards and a more efficient banking system -- that shows no signs of slowing down. As one investor in Moscow puts it: "Oil prices could drop to $40 a barrel. Russians are still extremely rich."
http://knowledge.wharton.upenn.edu/article/1718.cfm

Why It's Unhealthy to Be a Man in Russia: Looming Crises in Health Care and Demographics
For all of its economic advances, Russia remains mired in a demographic crisis brought on by a combination of low birthrates and premature deaths. Russians spend more of their lives sick than their peers in the United States, Western Europe and Japan. If current trends don't reverse, Russia's population will drop to about 100 million from its current level of about 143 million by 2050, causing a shortage of workers that would choke off the country's growth. By simply addressing preventable deaths and raising life expectancy to the average level of Western Europe, Russia could give its gross domestic product a huge boost, according to a World Bank report entitled, "Dying Too Young."
http://knowledge.wharton.upenn.edu/article/1719.cfm

A Sizzling Real Estate Sector Draws Local and International Interest
Las Vegas has nothing on Moscow. The City of Sin is America's hottest urban real-estate market. But prices there pale compared with those in the city that Stalin built. According to at least one consulting firm, Moscow is the most expensive city in the world for expatriates, and soaring real estate prices have largely propelled its rise to the top of the list. The reason is simple: Demand is outstripping supply. Moscow simply doesn't have enough safe, modern and spacious apartments that foreigners and rich Russians want.
http://knowledge.wharton.upenn.edu/article/1720.cfm

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Have a Say in Making Our Site Better
Spring is in the air, and it's time for Knowledge@Wharton's annual readership survey. If there is one thing we know about many of our readers, it's that you do not hesitate to tell us when you like, or dislike, what you read in Knowledge@Wharton -- and we are grateful for your comments. With that in mind, we encourage you to take a few minutes to answer questions (via the link below) about your content preferences, your interest in new site features, and other aspects of your experience with us. The outcome, we hope, will be reflected in an online journal that better serves your needs. Thanks very much.
http://knowledge.wharton.upenn.edu/weblink/312.cfm

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FROM LEGAL BLOG WATCH

Legal Blog Watch

The Faith-Based Supreme Court Call it the Catholic connection. As University of Chicago law professor Geoffrey R. Stone points out in a post at the American Constitution Society's ACSBlog, religious affiliation may be the key to explaining last week's Supreme Court decision in Gonzales v. Carhart, upholding a federal law prohibiting so-called partial birth abortions, otherwise known as "intact dilation and evacuation" or "intact D & E." In its decision upholding the law, the majority noted that Congress had made several findings to support the legislation. The majority accepted those findings, even though, as Hazard writes, every other federal court that reviewed them found them to be "unreasonable, unbalanced, polemical, and unsupported by the facts." If so, how then to explain the decision? Hazard offers what he calls a "painfully awkward observation": "All five justices in the majority in Gonzales are Catholic. The four justices who are either Protestant or Jewish all voted in accord with settled precedent. It is mortifying to have to point this out. But it is too obvious, and too telling, to ignore. Ultimately, the five justices in the majority all fell back on a common argument to justify their position. There is, they say, a compelling moral reason for the result in Gonzales. Because the intact D & E seems to resemble infanticide it is 'immoral' and may be prohibited even without a clear statutory exception to protect the health of the woman." For Hazard, who served as a law clerk to Justice William Brennan in 1973, the year he joined the majority opinion in Roe v. Wade, last week's decision stands in stark contrast to Brennan's struggle to separate his personal religious views from his responsibilities as a justice. As did Justice Ginsburg in her dissent in Gonzales, Stone quotes from the Court's 1992 decision Planned Parenthood of Southeastern Pa. v. Casey, where it said: "Some of us as individuals find abortion offensive to our most basic principles of morality, but that cannot control our decision. Our obligation is to define the liberty of all, not to mandate our own moral code." To which Stone adds: "It is sad that Justices Roberts, Scalia, Kennedy, Thomas and Alito have chosen not to follow this example." Posted by Robert J. Ambrogi on April 23, 2007 at 03:08 PM | Permalink | Comments (0) Are You Ready for Litigation Avoidance? Should litigation be the first resort of lawyers or the last? At his blog Human Law Mediation, Justin Patten considers this question after reading an article in The Telegraph about U.K. entrepreneur Chris Gorman and the protracted litigation in which he and a business partner were accused of "stealing" a chain of card and gift shops. Gorman and his partner won the case, but not before going through what The Telegraph called a "public ordeal," a "great spectacle" and "a bruising personal experience for those concerned." As the article quotes Gorman: "My biggest frustration was that there was £10m costs between the four parties. No one gained anything from it. Think what the money could have done for charity." Precisely. Which leads Patten first to an observation and then a question. The observation: "Litigation is and for the foreseeable future will be a necessary step for many firms but it should be a point of last resort than a 1st point of call. The key question to ask here is whether there was an alternative to litigation. (I think Gorman indicates there was.)" For Patten, that observation raises the question: "Are lawyers really ready to embrace litigation avoidance? I wonder if the lawyers most likely to see the benefits of this will be the in-house lawyers who may be more aligned to the commercial needs of their firm than those lawyers in private practice." As for lawyers' readiness to embrace litigation avoidance, I suspect we all know the answer. Posted by Robert J. Ambrogi on April 23, 2007 at 03:05 PM | Permalink | Comments (0) Non-dad Must Pay Child Support We have all heard of deadbeat dads, but what about a non-deadbeat non-dad? At his blog May it Please the Court, J. Craig Williams comments on the case of a Florida man who learned too late he was not the father of the son he thought was his. As originally reported in The Christian Science Monitor, through a DNA test 16 months after his divorce, Richard Parker learned that someone else had fathered the 3-year-old boy. Facing court-ordered child-support payments of $1,200 a month for 15 years, he immediately turned to the courts, claiming fraud by his wife. His case took him all the way to the Florida Supreme Court, which issued its decision in February in Parker v. Parker. Williams tells what happened: "The Florida justices ruled 7-0 against Richard Parker. The Court ruled Parker must continue to pay $1,200 a month in child support. Parker's child support payments will total more than $200,000 over 15 years to support another man's child. Unfortunately, however, Florida has a one-year statute of limitations to prove fraud after a divorce, and Parker didn't file in time." Is this the correct result, Williams asks, or should the biological father pay for the child's support? For Parker, the question may still be more than academic. The Monitor reports that the Florida Legislature last year passed a law that allows men to use newly discovered paternity evidence to overturn a court order to pay support for someone else's child. Supporters of the law see it as a major step toward justice for deceived ex-husbands, the Monitor reports, but critics say it poses a potential danger to the well-being of mothers and children. Posted by Robert J. Ambrogi on April 23, 2007 at 03:04 PM | Permalink | Comments (0)

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News + News

Articles 1 to 10 of 221

How to Succeed in the Multi-faceted Diamond Business: The Gospel According to De Beers
During a recent Wharton Leadership Lecture, De Beers managing director Gareth Penny presented the history, strategy and mystique of the international diamond company, and offered his views on what it takes to be a leader in today's global society. In response to questioning from the audience, he also addressed the issue of "conflict diamonds" and noted De Beers' efforts to eliminate the sale of these products as well as to improve the health of communities where diamonds are mined.

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The Man Who Would Change Microsoft: Ray Ozzie's Vision for Connected Software
Microsoft's Ray Ozzie has a long and storied history of technological innovation, with accomplishments that include creating Lotus Notes and founding Groove Networks. But Ozzie may now be facing the most daunting challenge of his career: coordinating the work of Microsoft's various product groups to keep the world's largest software company agile enough to address the challenge of the next generation of Internet-enabled software. Knowledge@Wharton recently met with Ozzie to talk about his vision for the future of networked computing.

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Bill George's 'Authentic Leadership': Passion Comes from People's Life Stories
Bill George, probably best known in the business community for his former position as chairman and CEO of Medtronic, is also an author. In 2003 he published a book called, Authentic Leadership: Rediscovering the Secrets to Creating Lasting Value. This month he published his second book titled, True North: Discover Your Authentic Leadership, described by George and his co-author Peter Sims as a way to "locate the internal compass that guides you successfully through life." George is also a professor of management practice at Harvard Business School. He and Michael Useem, director of Wharton's Center for Leadership and Change Management, recently talked with Knowledge@Wharton about authentic leadership, both the book and the concept.

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Hit by an Earthquake: How Scandals Have Led to a Crisis in German Corporate Governance
German corporations have long prided themselves on being above-board, but scandals at some of the country's multinational icons have seriously tarnished that reputation. The scandals allegedly involve hundreds of millions of dollars in bribes, the procurement of prostitutes and misbehavior by some of the country's most senior executives, including officials at Siemens, Volkswagen, Deutsche Bank and other firms. The situation is so grave that it may prompt German executives to adopt Anglo-American style corporate-governance principles, according to governance and business ethics experts at Wharton and in Germany.

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The Halo Effect: Debunking Some Hot Business Books with One of His Own
In The Halo Effect ... and the Eight Other Business Delusions That Deceive Managers, Phil Rosenzweig tears into some of the most popular business books of recent years, suggesting that a number of the principles bandied about in the business world are based on misguided thinking and flimsy research. These books "contain not one or two, but several delusions," he writes. "For all their claims of scientific rigor, for all their lengthy descriptions of apparently solid and careful research, they operate mainly at the level of storytelling."

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'Dude, You Need a CEO': The Return of Michael Dell
It's a common occurrence in Corporate America: An entrepreneurial founder starts a successful business, builds it to a certain size and hands it over to a CEO to run. But then, when things don't go well, the founder steps back in to take direct control of the organization. That, essentially, is what happened last week when Michael Dell returned to become the CEO of Dell, replacing Kevin Rollins. What will it take to turn Dell around? Wharton management professor Peter Cappelli is the director of the school's Center for Human Resources. He spoke with Knowledge@Wharton about these issues.

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The World Economic Forum: A Call to Exercise Global Leadership, Not Just Self Interest
This year's convening of The World Economic Forum in Davos, Switzerland, brought together approximately 2,400 corporate executives, heads of government and leaders of organizations like the World Bank and Human Rights Watch to debate issues ranging from global warming to the rise of the Internet and the future of the Middle East. Michael Useem, director of Wharton's Center for Leadership and Change Management, attended the five-day event. He offers his report on what he calls Davos' "culture of transcendent leadership," which he defines as "a willingness by those with company or country responsibilities to make decisions that benefit those far beyond the decision maker's own organization or nation."

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How E*Trade's Caplan Brokered a Turnaround for a Once-doomed Company
There's a saying in show business: Never follow an animal act. Yet that was the tough task facing Mitchell Caplan, CEO of E*Trade Financial Corp., when he took the floor to deliver a speech at Wharton -- with the audience still laughing over a clip from a notorious E*Trade ad that aired during the 2000 Super Bowl. Caplan didn't falter, however, and went on to discuss how he had helped rescue a company that, four years ago, seemed on the brink of extinction.

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Home Unimprovement: Was Nardelli's Tenure at Home Depot a Blueprint for Failure?
After years of a declining stock price, Home Depot announced the resignation of CEO Robert Nardelli on January 3. Wharton faculty members and other experts say Nardelli, a talented former executive at General Electric who came within a hair's breadth of replacing Jack Welch as head of the giant conglomerate, brought the wrong toolbox to the job after he was recruited for Home Depot's top spot in December 2000. With strategic missteps, an outsized compensation contract and a knack for alienating employees and shareholders, Nardelli turned out to be a star-crossed leader.

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Is There a Business Case for Diversity? Yes -- But It's Not in the Numbers
Try applying traditional metrics like cost and return on investment to find the value of diversity, and you are likely to come up empty handed, according to a panel of African-American executives at Wharton's 33^rd Annual Whitney M. Young Memorial Conference. Still, they noted, diversity has a growing importance in the workplace, and minority workers need to focus on their own development in such critical areas as mentoring and balancing corporate identity with activism.

SALUDOS CORDIALES
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Telefomo: 5839786
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BEAUTIFUL

'Chilean Love Poetry Online'

by Rosario Lizana

Love is one of the universal languages. One of the Chilean poets who wrote poems about love was Pablo Neruda. Not only do Chilean bloggers have Neruda's romantic prose in their digital DNA, but so do bloggers around the world. Here is a selection of Pablo Neruda's poetry that has spread throughout the net.

Dantecalva (ES) explains in her post "Poetry with Conscience" what the poems can produce:

Ni en mis peores momentos de apatía mis fieles libros me abandonaron. La poesía siempre ha sido una compañía de todas las etapas en el transcurso de mi vida. La he sabido poner en el lugar pretendido, es decir, mi palabra o cualquier texto.

¿A cuántas personas en este mundo nos ha movido un sentimiento una frase bien hilada? ¿Cuándo se escuece el alma con solo leer algo conmovedor? ¿O cuándo dejamos nuestras emociones en la pluma de otros?

Not even in my worst moments of apathy do my faithful books abandon me. Poetry has always been a companion throughout each chapter of my life. I have learned to put it in the proper place, that is, in my words or any text.

How many people in this world have been moved to emotion by a perfectly threaded phrase? When our soul is touched by just what we read? Or when we leave our emotions in the pens of others?

She continues with a selection of Neruda's poems that she likes the most. Damian (ES) posts the poem "I love you" along with more poems in Spanish from other authors. He declares in his blog "I don't mind if you loved me…. In my dreams I have you."

Sabrás que no te amo,
y que te amo,
puesto que de dos modos es la vida,
la palabra es un ala del silencio,
el fuego tiene una mitad de frío.

Yo te amo para comenzar a amarte,
para recomenzar el infinito
y para no dejar de amarte nunca:
por eso no te amo todavía.

You'll know that I dont love you,
and that I love you,
just as of the two ways of life,
the word is a wing of silence,
the fire has its portion of cold.

I love you to begin loving you,
To restart infinity,
And not to never stop loving you:
That why I don't love you yet

Te amo y no te amo,
como si tuviera,
en mis manos las llaves de la dicha,
y un incierto destino desdichado.

Mi amor tiene dos vidas para amarte.
Por eso te amo,
cuando no te amo
y por eso te amo,
cuando te amo.

I love you and I don't love you,
as if I had,
in my hands the keys of happiness,
And a uncertain destiny without fortune.

My love has two life's to love you
That why I love you,
When I don't love you,
And that's why I love you
When I love you.

The spanish blog, elperiodistadigital (ES) post the poem "Poema 20" from Nerudas book "Veinte poemas de amor y una canción desesperada" ("Twenty poems of love and one desperate song"). Here is a fragment:

Puedo escribir los versos más tristes esta noche.

Escribir, por ejemplo: "La noche está estrellada,
y tiritan, azules, los astros, a lo lejos".
El viento de la noche gira en el cielo y canta.

Puedo escribir los versos más tristes esta noche.
Yo la quise, y a veces ella también me quiso.

I can write the saddest verses tonight.

Write, for example: "The night is starry,
and shivering, blue, and the astros, far away".
The wind of the night spins in the sky and sing.

I can write the saddest verses this night.
I loved her and sometimes she loved me two.

En las noches como ésta la tuve entre mis brazos.
La besé tantas veces bajo el cielo infinito.

Ella me quiso, a veces yo también la quería.
Cómo no haber amado sus grandes ojos fijos.

On nights like this I had her between my arms.
I kissed her so many times beneath the infinite sky.

She love me, and sometimes I loved her too.
How could I not have loved her big frozen eyes.

On this site (ES), there is a complete list of the most famous poems of Pablo Neruda, as well as MP3 files of the poet reading his own poems.

You may view the latest post at
http://www.globalvoicesonline.org/2007/04/20/chilean-love-poetry-online/

--------------------------------------------------------------------------------------------------------
Best regards,
The Global Voices Team
globalvoices.online@gmail.com

SALUDOS CORDIALES
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Telefomo: 5839786
CONSULTENOS, ESCRÍBANOS
TELEFONO: CEL. 76850061
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