Archive for December, 2007

Litigation Jobs Dubai

litigation jobs dubai

Book Review – Outliers: The Story of Success

by Dr. Farid A. Muna

Outliers: The Story of Success

By Malcolm Gladwell Little, Brown and Company, November 2008.

Malcolm Gladwell is the bestselling author of The Tipping Point and Blink. His latest book, Outliers, has been on the best seller list of The New York Times for eight straight months, since it was published in November 2008. Gladwell’s engaging and journalistic writing style and his talent for simplifying complex issues, I believe, are his secrets of success. And these are the reasons why his books are both controversial and popular. His latest book is no exception.

Outliers attempts to explain the secrets of successful people; it proposes that intelligence (IQ) alone is not a guarantee of success in life. However, this view is an already well-known fact that has been established during the early 1990s by a host of academic studies which discovered that success indeed requires additional competencies, known as emotional intelligence (EI). Unfortunately, Gladwell does not expound on, or even refer to, the growing body of literature on EI.

Instead, Gladwell focuses on several other significant and equally important ingredients of success. In fact, his book naturally complements the EI studies and explains the “secrets†of success from a different perspective: by taking into account the personal, environmental, and cultural contexts of success.

In this book review, I will highlight the main secrets of success covered by Outliers starting with the advantage (or luck) of being born at the right time of the year. One example Gladwell highlights is that of Canadian hockey players and Czech soccer and hockey players who are born during the first six months of a year and have a distinct advantage of age and maturity over their teammates. This is due to the eligibility cutoff age of January 1 in those countries. As Gladwell explains, “A boy who turns ten on January 2, then, could be playing alongside someone who doesn’t turn ten until the end of the year – and at that age, in preadolescence, a twelve-month gap in age represents an enormous difference in physical maturityâ€.

What about the year of birth? That, too, explains the implications of being there at the right time, at the right age. Gladwell cites the Silicon Valley tycoons who were born between 1953 and 1956 and were thus at the perfect age in 1975 to take advantage of the personal computer revolution. Here are the names and years of birth of some of these successful men: Paul Allen (1953), Bill Joy (1954), Scott McNealy (1954), Steve Jobs (1955), Eric Schmidt (1955), Bill Gates (1955), and Steve Ballmer (1956). Gladwell later argues that New York lawyers born in the early 1930s also had a tremendous advantage when the boom in the number and size of corporate mergers, hostile takeovers, and litigation took place during the 1970s, mainly due to the relaxation of Federal regulations.

Gladwell proposes that it is the “10,000-hour rule†of hard work and practice which explains why many people achieved success. He provides examples of Bill Joy’s contributions to UNIX, Java, and the Internet; Mozart’s masterwork was composed when he was twenty-one, although he started writing music at the age of six; the Beatles and their Hamburg experience of playing music eight hours a day, seven days a week between 1960 and 1962; and Bill Gates who put in thousands of hours of computer programming starting at the age of thirteen. In addition to being smart, these people achieved success by putting in 10,000 hours of practice before becoming outstanding at what they did.

Two other “secrets†are discussed at length in Outliers: culture and education. Gladwell compares the safety record of airliners in the 1990s, and notes that the Colombian captains (Avianca) and Korean captains (Korean Air) in certain cases could have averted plane crashes if their cultures permitted subordinates (copilots and flight engineers) to speak out and warn the captains of impending disasters. These two cultures place a high value on power distance, meaning that subordinates defer to their superiors even when these superiors may in fact be in the wrong. In brief, subordinates were reluctant to speak out because of fear and/or respect; a very dangerous cultural “dimension†when one is flying a passenger plane! In effect, Gladwell argues that it does matter where you were born and what culture you were raised in.

Citing culture again, Gladwell attributes the high scores on mathematics tests in countries such as China, Singapore, South Korea, and Japan to the strong work ethics and the demanding nature in those countries of the all important wet-rice agriculture. Here again, Gladwell fails to mention that rice is also grown in other countries, such as Philippines and Indonesia, whose populations are not necessarily known for high scores on math tests. Gladwell also does not mention the Protestant ethics of hard work which may have contributed to the rise of capitalism and the industrial revolution, or the fact that growing tobacco used to be as demanding as working in the rice paddies.

Finally, Gladwell links the quality of education to success. He cites the longer days and hours of high schools in Japan and South Korea, “the school year in the United States is, on average, 180 days long. The South Korean school year is 220 days long. The Japanese school year is 243 days longâ€. Finally, Gladwell mentions the vast advantages and opportunities provided by KIPP Academy middle schools which were started in the South Bronx, one of the poorest neighborhoods in New York City. Students at KIPP excel at mathematics and reading, and a large percentage of them go on to university and “in many cases being the first in their family to do soâ€. KIPP school days start at seven twenty-five and goes on until five p.m. All students take classes in thinking skills, English, science, mathematics, social science, music and orchestra. KIPP gives its students a chance to work very hard and to excel.

Although it is written with a journalistic, rather than academic approach, Outliers has undoubtedly contributed to the ongoing thinking about success in the corporate world. It highlights the importance of hard work, determination, opportunity and luck, family upbringing, personal circumstances, and culture.

Despite its shortcomings, mainly its lack of academic rigor, Outliers is a highly recommended book for those who want to explore the “secrets†of success, beyond IQ and EI.

Litigation Management Consulting

litigation management consulting

Reputation Management

The Internet provides numerous opportunities, both good and bad.  In a strange way, the Internet is extremely democratic in that it allows anyone with access the chance to use or abuse the Web however they see fit.  As such, reputation management has become a major area of interest and concern for millions, if not tens of millions, of Americans.

Reputation management is the process of tracking an entity’s actions and other entity’s opinions about those actions, meaning the search for what people are doing and what others think about what people are doing.  It’s a bit like online gossip, but reputation management goes further than just People magazine.  Entire Internet related responsibilities, such as search engine image protection (SEIP), were created for the sole purpose of protecting a person’s name and reputation from undesired public information.  Reputation management is important to individuals, businesses, non-profits, politicians and more, because it affects so many areas of life.  
There are many ways to execute reputation management on the Internet; one way is to overwhelm and eliminate negative listings that show up when people search a name or term in Google.  However, things have changed and online reputation management is evolving and new services such as online image consulting and litigant image enhancement is growing.

Growth

More so than ever before, it’s easy for an individual to post slanderous, untrue, injurious and hurtful information based on nothing more than the wind.  In the past, a person would have to use a print medium, newsletter, newspaper, to produce a wide spread negative message, but those days are over.  Now, anyone with Internet access can make wild comments.  
Another reason why reputation management is important is that companies are producing as much hurtful information as individuals, if not more.  Comments regarding a person’s credit rating or debt could be posted online, individuals can use the forums on various company Websites to bash the company, the employees, stockholders or whomever they like.  Websites such as eBay, Wikipedia and Slashdot are often abused in such a way.

Solution?

There are a number of ways to combat the type of information that is slanderous or flat out inaccurate.  For example, you can use Search Engine Reputation Management (SERM) to shield your brand or reputation from damaging content.  In the end though, two challenges persist, the nature of Internet search engines and the ability of certain individuals to spread information no matter how much time it takes.
One of the best ways to combat negative information is to produce positive information.  So, reputation management can be performed with SEO/SEM, putting quality information of a positive nature online about the person or entity being attacked.  The goal is to produce enough positive information that it drowns out the negative being produced.  It’s a difficult battle overall, but one that is winnable.  

Moving Forward

To enhance your online reputation management, find a reputable individual or company who can protect your brand and your name.  Odds are you don’t have enough time to deal with the rumors flying around about you, or the time to learn how.  Find professionals who specialize in reputation management and let them handle the mess.

Bottomline Technologies’ Expertise in Cloud Computing Highlighted at Premier Cash Management Forum
PORTSMOUTH, N.H.—-Bottomline Technologies will share its expertise in cloud computing on a panel at the August 2010 Cash Management Forum presented by McKinsey & Company’s Global Concepts.

Litigation Insights Inc

litigation insights inc
Navigant Consulting, Inc. Reports Second Quarter 2010 Results
CHICAGO—-Navigant Consulting, Inc. : Earnings per share of $0.16 on a GAAP basis, up from $0.13 in first quarter 2010 and $0.07 in second quarter 2009. Adjusted earnings per share of $0.17, up from $0.14 in both first quarter 2010 and second quarter 2009.
Vanessa Wittman, Marsh & McLennan

E-Disclosure

Legalistic, litigious, lawyer friendly.  Like it or loath it, we are all of us more “legally bound” than ever these days, especially in business – and as usual technology continues to make things more, rather than less complicated when it comes to compliance.  E-Disclosure for example.  Mark Tudor, Principal at Matthew Arnold & Baldwin LLP, talked iQ through the basics.

1.    Disclosure?
Within the litigation process in the Courts of England and Wales, all parties are obliged to provide disclose and provide inspection to the other parties, documents upon which  a party relies; documents that adversely affect his own case; and documents that could adversely affect or support that of another party.

Indeed, Disclosure is a cornerstone of the English legal system: a kind of ‘cards on the table’ duty.

2.    So what’s e-disclosure then?
Quite simply, the disclosure of documents which exist in electronic format only.

3.    And? What’s that got to do with my business?
Such information needs to be stored in case it is needed in legal proceedings.

4.    OK, so what constitutes a ‘document’ exactly?
From the general rule set out above, it’s clear that the process of disclosure has become more and more complex as the years have gone by.

In Dickensian times “disclosure” may have meant handing over only a handful of dusty old documents and a couple of letters. Equally, inspection of such documents was just that.

But as technology has improved and become ubiquitous, with processes such as photocopying becoming standard, the disclosure process has expanded significantly.

Accordingly, electronic documents are now more relevant and pertinent then ever- with any and all information saved in any shape or form, on any electronic device now potentially falling within the disclosure remit.

In fact though, there’s nothing particularly special about e-disclosure; it’s just a natural progression and expansion of existing disclosure obligations.

5.    What sort of information, typically, might we be expected to disclose then?
Literally anything and everything that could assist your case or that of the other side.

6.    But that could include a ridiculous amount of information…
Yes. But the control of the extent of the disclosure obligation (both in relation to electronic documents and hard copy documents) is that disclosure should be restricted to what is necessary in the individual case.  How broad that is usually depends upon the amount of money at stake.

7.    Would we have to disclose even information that might compromise our business or our clients?
Yes; but procedures do exist to limit the use of such information so that it never becomes public.

8.    Precisely how must documents be “e-disclosed”?
At least for the moment, all electronic disclosure needs to be reduced to writing, with documents printable so that hard copies can be included in trial bundles.  In the future a situation may arise wherein Judges are prepared to view documents provided electronically.  For the moment though, paper remains king.

9.    So what do I do when asked to disclose my electronic documents?
Without wanting to limit the extent of your search you need to – at the very least – look for any potentially relevant information on the following: PCs, databases, back-up storage, mobile phones, notebooks, PDAs, portable storage media, servers, off-site storage, laptops, and any other handheld devices.
And remember these documents may include all manner of file types: mail files, calendar files, spreadsheet files, document files, web-based applications, graphic presentation files and so on.

10.    This is madness. Can I limit my disclosure obligations?
Whilst it is possible to ask the court to specifically rule on the breadth of disclosure, the experience of recent litigants in this area seems to suggest that the best way to approach the breadth of electronic disclosure is for the legal representatives on both sides of the dispute to agree the breadth of disclosure required and if agreement can’t be reached, to seek Court direction in relation to it.

Absent such agreement or direction and there’s a danger that disclosure either won’t be broad enough, whereupon it will have to be done again, or that it will be too wide, where the costs of doing it are argued not to be recoverable.

The safer bet is to get it sorted before you start.

11.    Does it matter where we store data, how, for how long then?
No; apart from Company law or Revenue law there is no legal obligation to retain anything if you have no knowledge of the possibility of litigations resulting in the document becoming disclosable.

However, putting in place a document destruction protocol that destroys records in breach of Company or Revenue law certainly won’t be looked upon favourably in a litigation context.

12.    What if we were to just not bother?
Electronically created information is nigh on impossible to destroy: If it is relevant, chances are that, ultimately, it is going to be found.  Signing a statement of truth on a Disclosure Statement which is ultimately found to be incorrect is arguably contempt.  Also, tell your solicitor that documents exist and then refuse to provide disclosure of them and they’ll have to withdraw you from the case.

13.    Where can I get more advice about this?
Your solicitor.  Reference materials on court procedure. And the government – check out hmcourts-service.gov.co.uk

Discuss this on our Forum

Foreclosure Litigation

foreclosure litigation

Foreclosure in Nevada Steps and Procedure

Challenging Wrongful Foreclosure in Nevada

 LAW OFFICE OF MALIK W. AHMAD

ATTORNEY AT LAW

(702) 270-9100

WWW.FASTBANKRUPTCYNEVADA.COM

WWW.MYMALIKLAW.COM

Foreclosures are on the rise and in fact the largest in United States according to the latest statistics. Where ever two or more people get together they are discussing economy or foreclosure in Nevada, and especially in Las Vegas. This is a brief guide for lay persons about how to challenge foreclosure successfully, a feat that is possible though difficult. However, this memo is not a substitute for legal assistance, which is usually essential in this complex area of the law. Please get a proper legal help from a licensed and qualified attorney in Nevada as well as in Las Vegas. Also, be very suspicious of agencies or people who are calling from outside Nevada, with a different area code. Ask them first question what is the name of their attorney and his date of admission and possibly if you can speak to him directly. Please under no circumstances give any information to them.

This memo is divided into the following parts:

• Filing Bankruptcy before Foreclosure Occurs

• Suing to Enjoin Foreclosure before It Occurs

• Suing to Set Aside a Foreclosure that Has Already Taken Place

• Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

• Filing Bankruptcy after Foreclosure

• Procedural Grounds for Challenging the Foreclosure

• Substantive Grounds for Challenging the Foreclosure

Filing Bankruptcy before Foreclosure Occurs

This is often the shortest and simplest procedure. It has the following advantages: a bankruptcy filing automatically prevents foreclosure temporarily and sometimes permanently; you have the opportunity to cure a default in your payments by paying the delinquent amount in installments over a reasonable period; you may be able to reduce or eliminate the fees of the lender’s attorney; and you may be able to avoid interest on the amount you are delinquent (though not interest on the loan itself).

Generally, you will need a lawyer in bankruptcy. You must file before the foreclosure sale takes place, a time that usually is only 20 or so days after the foreclosure process starts with a letter to you or a notice in a newspaper.

Suing to Enjoin Foreclosure before It Occurs

To obtain an injunction, you must file a complaint in a court. You will need a lawyer. The process is made more arduous by a requirement that you give five days’ notice to the lender before seeking to enjoin the foreclosure. This reduces the 20-day period to 15 days for acting.

Temporary injunctions require a “clear” showing of “immediate and irreparable injury, loss or damage” or “that the acts or omissions of the adverse party will tend to render [the] final judgment ineffectual.” Judges take this requirement seriously.

The most difficult requirement of all may be the need to give a bond “in such sum as the court … deems proper” unless you successfully obtain permission to bring the action as an indigent person. A homeowner with only modest amounts of other assets and income may be unable to qualify as indigent and may also be unable to find anyone willing to provide a bond, especially one on short notice.

Suing to Set Aside a Foreclosure that Has Already Taken Place

The grounds for setting aside a foreclosure are limited to “some evidence of irregularity, misconduct, fraud, or unfairness on the part of the trustee or the mortgagee that caused or contributed to an inadequate price.” Defenses like the absence of a delinquency or violations by the lender of federal or state commercial law may not be raised.

You have the burden of proof in a lawsuit to set aside a foreclosure. Damages are the only remedy. There is nothing to prevent a third-party purchaser from keeping your house even if he knows of your claim against the lender and even if he believes that your claim is meritorious.

Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

Foreclosure may be challenged by a counterclaim when the lender (or other new owner of the property) seeks possession by a “detainer” action. It is better to file the counterclaim in writing, and the grounds for doing so are discussed below. It is preferable that you use a lawyer to assist you, but most persons do not.

There is an initial problem. A statute says: “The estate, or merits of the title, shall not be inquired into” in a detainer action. Lenders may assert that a wrongful foreclosure may not be challenged even when the parties are before the court on the issue of possession, the right to possession is necessarily founded on ownership, and ownership depends on the lawfulness of the foreclosure. In our view, the statute disallows only attacks upon title based on transactions prior to the creation of the deed of trust. We also believe that the statute is inapplicable to counterclaims seeking to set aside a foreclosure, even if it bars defenses to the detainer action.

Not every new owner is successful in obtaining possession. It may overlook the proof that is necessary to show that it the foreclosure was conducted properly and that it was entitled to foreclose – things like affidavits or testimony showing that you did not make timely payments. You may and should contest every assertion made by the new owner, even if you do not have a lawyer. The new owner has the burden of proof. If it fails to meet that burden, the judge may conclude that you are entitled to remain in possession even though you no longer own the home.

On the other hand, if the new owner is successful in the detainer action, it is entitled not only to possession but also to the rental value of the property from the date of foreclosure until the date of removal. You have only ten days for an appeal to Circuit

Court and must furnish a bond. The amount of it can be prohibitive: a “sufficient amount to cover, besides costs and damages, the value of the rent of the premises during the litigation.” Even the furnishing of an affidavit of indigency may be insufficient to retain possession during an appeal.

Filing Bankruptcy after Foreclosure

It is possible to set aside the foreclosure through the bankruptcy process. The grounds that may be asserted are discussed below.

There is some good news even if you lose the challenge; bankruptcy usually discharges all or part of a deficiency judgment against you for any amount still due after the foreclosure occurs.

Procedural Grounds for Challenging the Foreclosure

• Failure to Give Personal Notice. No personal notice to a borrower is required by statute. However, we believe that federal and state constitutions require personal notice to each borrower, either by summons or by certified mail that is actually received, and we are litigating cases so as to establish this principle.

• Insufficient Notice by Newspaper Publication or Posting in Public Places. Under Nevada statutes, advertisement of a foreclosure sale must be made three different times in “some” newspaper “published” in the “county where the sale is to be made.” Only 20 days’ notice is required, and the use of publications read almost exclusively by lenders and lawyers is permitted. Both the shortness of the time and the use of obscure newspapers seem vulnerable to constitutional objection. In addition, some counties have no eligible newspapers. In this case, written notice may then be posted in five “of the most public places in the county.” There is no guidance about what such places are or how they are to be determined. This is too vague a standard to pass constitutional muster.

• Failure to Give Notice Required by the Deed of Trust. Many deeds of trust require notice of foreclosure by certified mail, or at least by mail, in addition to notice by newspaper publication. Many also require notice – before foreclosure is sought — that the entire sum has been declared to be due because of a late payment or other default.

• No Meaningful Opportunity to Dispute the Foreclosure. This too is a constitutional challenge to Tennessee’s foreclosure process. It is based on the notion that making you find a lawyer and file a lawsuit in 15 days, assume a high burden of proof, and furnish a bond are unfair hurdles imposed on you.

• Defects in the Foreclosure Sale. Nevada judges have said that the foreclosure must occur in the county in which the property is located; it must take place at an accessible location; and a lender may not use a purely technical default as a basis for foreclosure. However, when the lender demands the full amount of the debt, they have refused to let the borrower cure the delinquency by paying the disputed amount before the foreclosure occurs. They also have ruled that there is no minimum price that must be paid and have allowed the lender to recover a deficiency judgment if the amount received in the sale is less than the amount owed. They have yet to decide whether the combination of a shockingly low price and another procedural defect are sufficient to disallow the foreclosure.

Substantive Grounds for Challenging the Foreclosure

The following claims and defenses are among those that may be raised so as to defeat a foreclosure altogether or reduce the amount of any deficiency:

• Estoppel: Late Payments Were Accepted on Other Occasions. This suggests that the lender waived the right to refuse late payments and was estopped from foreclosing.

• Refusal: The Lender Refused to Supply a Pay-Off Amount or Accept Full Payment so Foreclosure Could Be Avoided. Despite unfavorable precedent, this could be a viable ground.

• Military Service: A Borrower was in Military Service at the Time of the Foreclosure.

• The Loan was Unconscionabl:. That is, the inequality of the bargain is so manifest as to shock the judgment of a person of common sense, and the terms are so oppressive that no reasonable person would make them on the one hand, and no honest and fair person would accept them on the other.

• Unfair and Deceptive Practices (UDAP): The Making of the Loan, or the Servicing of It,  was Riddled with Unfair and Deceptive Practices that Violated the Nevada Consumer          Protection Act.

• Unauthorized Fees: The Servicer Collected Unauthorized Fees for the Escrow Account, or  as Late Charges, or as Attorney Fees during the Foreclosure Process.

• Signatures: One Spouse Was Required to Sign the Mortgage Note even though the Credit of the Other Spouse was Sufficient.

• Capacities: One or More Borrowers Lacked the Mental or Physical Capacity to Borrow.

• YSP: (Yield Spread Premium): The Mortgage Broker Was Paid an Unlawful Sum by the     Lender.

• Fiduciary Responsibilities: The Lender Violated a Relationship of Trust with the Borrower  that Developed in the Lending Process.

• Fraud or Misrepresentation: There Was Fraud or Misrepresentation by the Lender in the  Making of the Loan.

Rob Samouce: New 2010 condominium association laws
New condominium association laws that became effective July 1, 2010.

Incoming search terms for the article:

• Suing to Enjoin Foreclosure before It Occurs in California

Litigation Lawyer

litigation lawyer
Litigation settlement check went astray. Sent by lawyer’s secretary to wrong address. What can I do?

I have asked them to do this. They are now saying I will have to pay bank charges. They are also implying if it’s been cashed I’m out of luck. Is this the case.
I’ve enable my email on my profile if you wish to contact me again.

Your lawyer knows exactly what to do. He should immediately place a “stop payment” on this check with the bank. Since you did not get the check, and the lawyer chose to mail it as opposed to using other more secure methods of delivery, the lawyer should absorb all costs associated with any mis-delivery. If you did not receive the check, YOU ARE IN NO WAY AT FAULT. This lawyer has a duty to you to actually deliver the check to you and he is acting inappropriately and unethically.

I don’t know how to use the e-mail option. YOU SHOULD:
1. Tell the lawyer in writing, with documentation that the lawyer receives it (certified mail, FAX with a copy of transmission receipt, e-mail & keep a hard-copy), the things stated in my answer.

Texas Attorneys – Commercial Litigation Lawsuits

Hire An Experienced Litigation Lawyer

Litigation is the legal process of filing a lawsuit and taking the case to a court of law. Litigation lawsuits occur most often when a person or a business is trying to receive compensation for the illegal actions of others. The legal authority who files the lawsuit is called litigation lawyer. The law of litigation is vast and only an expert lawyer can deal with these cases. If you are involved in any kind of dispute, which can be civil, public or even private, you should hire a litigation lawyer to deal with your case. A litigation lawyer is a civil attorney who has expertise in solving civil and criminal cases.

The litigation lawyer is also known as litigator. The litigator has expertise and, most importantly, an instinct for the law. Hiring an experienced, talented and knowledgeable lawyer can maximize your chances of winning the case. You need to be very alert when choosing a lawyer. It’s important to get complete information about the lawyer, including his expertise, the years of experience he has, as well as the number of winning and lost cases. After getting all this information, you can make an appointment to discuss your case in more detail.

The term litigation consists of all the legal steps involved in settling a controversy or trial between two or more parties. In the United States, crime is distinguished in different categories by local jurisdictions; these are known as Misdemeanors and Felonies. Misdemeanors are less offensive and results in less severe sentences. Crimes such as theft and possession of a small amount of drugs are examples of misdemeanors crimes.

Felonies are believed to be severe crimes and the sentences can be a long term jail and heavy amount of fine.  Murder, racketeering, rape and kidnapping are examples of felony crimes. A felony crime could also result in the death penalty.

The complete process of litigation includes filing a lawsuit, discovery and motion practice, trials, judgments and awards. A litigation lawyer guides his client on how and what to do in the court. An experience litigation lawyer can be the difference between winning and losing a case.

Litigation And Interest Groups

litigation and interest groups

Strategies of Interest Groups?

In my AP government book, it says that the National Rifle Association chooses to use Lobbying as the most common strategy they use to shape policy. Why do they use Lobbying over Electioneering and Litigation?

They use what works for them. They use the others also, just maybe not as much.

Moveon.org uses intimidation during the election cycle.

The ACLU uses litigation.

Each one has learned what works for them, and will place most of their efforts in those areas

It Litigation Support

it litigation support

Litigation, Mediation & Arbitration
The Ohio Supreme Court in Spitznagel v. State Board of Education , 2010 WL 2430984 (June 17, 2010) held that the State Board of Education may consider a loss of revenue as a sufficient reason to deny a proposed transfer of school territory.

Litigation Technology Support

litigation technology support

Digital beach abet with Altlaw Support marks the aboriginal multi-year agreement

Digital beach abet with Altlaw Support marks the aboriginal multi-year agreement

Digital Reef,a arch software provider of the aboriginal massively scalable and accessible solutions for Dell xps m1330 battery eDiscovery and agenda advice governance, today appear a affiliation with AltLaw LIT Support, a arch provider of acknowledged certificate administration services. This affiliation marks the aboriginal multi-year acceding alfresco of the United States application the UK and European acknowledged community.

Digital Beach is a arch software provider allowance corporations, law firms, and account providers with eDiscovery and Agenda Advice Governance. Both accumulated and IT admiral are challenged to acquisition and administer the appropriate information, at the appropriate time all-important to acknowledge to connected business demands such as government laws and regulations, accumulated accountability and compliance, and IT agenda book and accumulator policies. Using the industry’s a lot of scalable and accessible Virtual Babyminding Warehouse, businesses can rapidly collect, analyze, and again administer information.

Digital Beach gives businesses an aberrant ascendancy of their advice which can be acquired from wherever it resides including emails, documents, repositories, and over 400 altered types of files, including images. AltLaw is built-in from abounding years acquaintance and ability of Dell xps m1530 battery in the Acknowledged Certificate Casework arena.

Today, law firms and centralized acknowledged teams are faced with added and added litigation; at the aforementioned time, they are presented with an access of agenda advice to array through, authorize and classify. With this partnership, AltLaw will be able to accompany the fastest and a lot of scalable technology band-aid to its acknowledged audience to accommodated these cogent and accretion demands.

AltLaw has approved abundant ability and becoming an outstanding acceptability in the acknowledged bazaar over abounding years and we’re amuse to coalesce a academic accord with them,” said Larry D’Angelo, Vice President of Sales, Agenda Reef, Inc. “By accumulation our technology with their across of experience, we’re able to action acute eDiscovery solutions to the acknowledged community.”

Our focus is on Speed, Accuracy, Security, Confidentiality and Quality. In accession to our huge accommodation for cardboard based Acknowledged Certificate Services, we aswell action acid bend Electronic Litigation Support , from the antecedent Forensic Data Collection, Early Case Assessment, Electronic Processing and Secure Online Review, through to abounding assembly accessories with approved and activated processes and technologies.

National Technical Systems Bolsters Companywide Innovation Initiative With Appointment of CTO Osman Sakr to Expanded …
National Technical Systems, Inc. , a leading provider of engineering services, announced today that Chief Technology Officer Osman Sakr has been given an expanded leadership role in technology development in support of the Company’s strategic, companywide Innovation Growth Program. Â Sakr, a 30-year veteran of high technology product development and implementation, will report directly to …

Civil Litigation Process For Discrimination

civil litigation process for discrimination

Sexual Harassment in the Work Environment

Sexual Harassment in the Work Environment
Management, which show how personnel practitioners are positively tackling equal opportunities issues. EEOC addresses equal opportunities in work environment. These policies are designed to encourage equal opportunities by educating workers and decision-makers, and by positive actions to address inequality wherever it exists. The spirit or intention of equal opportunities legislation, as well as the letter of the law, is important (Equal Employment Opportunity Commission Website, 2005).
Discrimination on the grounds of sex or on grounds of people’s married status is unlawful, except in certain special circumstances. However, employers and designated training bodies can take positive action to promote equality. For example, they can set up management courses for existing women workers only, if women are underrepresented at managerial levels. Another positive action is to encourage applications from one sex. But do note that discrimination is not allowed in the actual selection decision.
According to statistical results the number of complaints has increased since 1996 in spite of the fact that laws and penalties are prevalent. For this reason, the main question concerns the causes of complaints and common sense of organizational authorities unable to prevent sexual harassment in the workplace.
Primarily, it should be mentioned that both direct and indirect sexual harassment are illegal. Direct discrimination, connected with sexual harassment, means allowing gender to influence employment decisions, e.g. when sexual harassment concerning promotion decisions or pay. “Harassment occurs when a supervisor conditions the granting of an economic benefit upon receipt of sexual favors from a subordinate or punishes the subordinate for refusing to submit to his or her request(s)” (Feminism and women’s studies, 2005).
Indirect discrimination occurs if conditions that effectively create discrimination are applied. These could be certain criteria on job specifications or advertisements if they tend to preclude women or men. For example, the Civil Service used to restrict direct entry to executive grades to those under 26 years old. It can no longer do so because this would discriminate against women who return to work after bringing up families.
Sexual harassment at work is expensive, stressful and disruptive for both employers and employees. But even if it happened both employers and employees agree that early, constructive discussion can produce solutions before problems escalate and working relationships break down. If the problem is not solved and results in a tribunal case, both sides face a protracted, unsettling experience. Any employee who has been discriminated against has a right to be protected by law.
According to the statistical results, the number of compalines increased during 1996-2000 FY in contrast to the previous period. In 1990, the number of sexual harassment charge receipts filed with the EEOC was 2,217 (3,6%) while in 2000 FY there were about 5, 332 (6,7%). This figures suggests that organisaitons had to paid a lot of money for those who filed suits. It is explained by the fact that “the employer is responsible for sexual harassment by its supervisory personnel–regardless of whether the specific acts complained of were authorized or even forbidden by the employer, and regardless of whether the employer knew or should have known of their occurrence” (Sexual Harassment at Work, 2005).
Taking into account ligal dementions, it is evident that organisaiotns are not interested in loosing money been accused in sexual harassment in the workplace. For instance, at the federal level, Title VII of the Civil Rights Act prohibits sexual harassment. The case of sexual harassment needs to be proved, but not the motive or intention of the defendant to discriminate. The fact that sexual harassment has been taken seriously by unions and industrial tribunals – the EOC won two cases about it in 1983 under the Sexual Discrimination Act – despite initial ridicule, especially in the popular press, suggests that feminist concerns have become more publicly acceptable. “Sexual harassment wasn’t considered discriminatory until the 1980′s and then, the number of claims were few” (Igasaki, 2004).
There are other signs of responsiveness to feminist criticism – for example in the treatment of women who have faced sexual harassment. Though there is disturbing evidence that at the end of 1990s only a small minority of women felt able to report sexual harassment and continuing criticism of treatment of the women by police and the courts, the police have begun to respond. Nevertheless, feminism and human rights movements have opened new opportunities for women to report sexual harassment cases. Many of women are encouraged to report such cases in order to prevent them. “Quid pro quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment (Legal Definitions, 2005).
This situation can be explained by the fact that for a long time, public concern was expressed over the continuing failure of police and courts to follow up cases of sexual harassment where employees are at risk. It was found that women found the s court very unhelpful if they complained of women to bring cases of discrimination to tribunals.
Nevertheless, in the 1990s the situation has changed. EEOC provisions allow for positive action by employers to train and promote women, included sexual harassment as a form of discrimina¬tion, and established leave for fathers as well as mothers after the birth of a baby.
Today, there has in addition been a significant shift in attitudes towards greater acceptance of equality, despite abundant evidence of continu¬ing prejudice, inertia and discrimination; and there are indications of a greater willingness to respond sympathetically to women suffering sexual harassment or physical violence from men. But the role of groups and individuals committed to achieving equal rights and fair treatment is clearly still essential.
It should be mentioned that economic position of the majority of women depends on how jobs are created and allocated in the new economy that is emerging, and how Government distributes welfare and assists provision for increased leisure. The evolution of post-industrial society could, however, crucially affect the future position of women, and mean either a genuine liberation for many previously tied to routine and low-paid jobs or a new subordination in a masculine-dominated high-technology society in which women’s roles and concerns are treated as peripheral. It is therefore vital that women help determine the nature of this society. For this reason, there are some evidence that women using this area to obtain money by filing a suit.
The weak point of legislation is broad definition of the term “sexual harassment” which can be applied to many situations in the work place. According to US Department of State sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) an employment decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct; or (2) the unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or abusive work environment” (US Department of State, 2005). The term “unwelcome conduct” does not defined the nature of sexual harassment itself, and can be differently interpreted.
Another form of solving the problem of sexual harassment is mediation. Recently, EEOC uses this alternative forms of Dispute Resolutions. Nevertheless, many women prefer to file a suit instead of this form. So, Why? The only possible answer is that they will receive pretty money if is able to prove sexual harassment case. In 2000 $54.6 millions was paid as a sexual harassment charges (Sexual Harassment Charges, 2004).
Mediation is a very useful alternative form to the traditional investigative or litigation process. Mediation or third party intervention is used in conflicts. Mediator plays the core role here. Belonging to an independent part of the process he/she helps the parties of the conflicts being objective. The ability of a third party to resolve conflict can influence the outcome of it.
Discussions on the role and the importance of the rule of law and the judicial system are typically characterized by noble pronouncementsfor example, about the independence of the judiciary, the need to improve access to jus¬tice. These are rather abstract terms, however, and they hide the complicated social realities that lie beneath them and give them whatever meaning they have.
Proponents of better judicial systems and their requirements also are asso¬ciated with efforts to measure what a successful legal and judicial system would be. The focus again is on specifying what is needed in the internal workings of the judicial system. “An increasing proportion of the cases involve situations where a hostile environment is created for an employee. The harassment here can come from a manager or from other sources. Here, unwelcome advances are made serious enough to interfere with a worker’s ability to do her or his work” (Igasaki, 2004).
Those seek¬ing quantitative indicators can also seek to measureeven if only through opinion pollsother factors such as the independence and prestige of the ju¬diciary. The hope riding on such efforts is that they will encourage key local actors to do whatever it takes to improve ratings. “it is essential to remember that it is not the intention of the perpetrator that is key in deciding whether harassment has occurred, but whether the behaviour is unacceptable by reasonable normal standards, and is disadvantageous or unwelcome to the person subjected to it” (Twomey, 1998).
It is evident that a shift in attitudes towards greater acceptance of equality, despite abundant evidence of continu¬ing prejudice, inertia and discrimination; and there are indications of a greater willingness to respond sympathetically to women suffering sexual harassment or physical violence from men, allows some women to use it in order to obtain money. But the role of groups and individuals committed to achieving equal rights and fair treatment is clearly still essential.
In general, sexual harassment suits have a very negative impact on working environment. Organizational environment is reinforced through the system of rites and rituals, patterns of com¬munication, the informal organisation, expected patterns of behaviour and perceptions of the psychological contract. The sexual harassment cases result in lack of communication and prevent organizations to achieve the goals. Positive climate, free from prejudices and complaints helps to provide satisfaction of members’ social needs, and a sense of personal identity and belonging because it is upon the loyalty essential to successful industrial relations.
It provides additional channels of communication and provides a means of motivation, for example, through status, social inter¬action, variety in routine jobs, and informal methods of work. Informal type or mediation creates a feeling of stability and security, and through informal ‘norms’ of behaviour can exercise a form of control over members. Positive organisational climate influences the level of morale and attitudes which members of the organisation bring to bear on their work performance and personal relationships.
If employees are under pressure been accused in sexual harassment or other discriminating issue, they feel frustrated which resulted in poor organizational performance. In reality, many conflicts can be resolved without filing a suit, but women prefer to use this form of protection in order to obtain money.

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