InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

30 October 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 23 of 2009
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Legal Profession

Botswana

Lawyer decries lack of access to justice - 27 October
A Gaborone lawyer has charged that lack of access to the judicial system for all remains a challenge that should be continuously addressed. Speaking at the Law Society of Botswana cocktail party to honour senior legal practitioners in Gaborone last Saturday, Doreen Khama said access to justice is a fundamental right, just like education and healthcare. She urged legal brains in the country to issue an urgent call to government, lawyers and judges for action to find solutions to the access to justice 'crisis'. - Mmegi Online website

United States

Pitfalls of cross-border investigations - 28 October
Against the backdrop of the recent banking and financial markets crisis, enforcement agencies around the world are increasingly collaborating to investigate allegations of accounting and financial fraud, insider trading, Ponzi schemes, bribery of foreign government officials, other securities law violations, tax evasion, money laundering and antitrust violations. Accordingly, multinational and domestic companies with substantial overseas footprints are conducting more multijurisdictional and cross-border internal investigations in an effort to respond to the enforcement agencies' investigations.
These multijurisdictional and cross-border investigations tend to multiply the magnitude of complex investigatory issues that a company faces in government investigations by the Department of Justice, the Securities and Exchange Commission, the New York State Attorney General or other US federal or state enforcement agencies. Among many others, these issues include data privacy laws or other blocking statutes (eg, state secret laws), employee-friendly labor laws, attorney-client privilege issues, language and cultural barriers, conflicting information technology platforms, document retention policies and practices that fall short of US standards, and improper application by US government agencies of Mutual Legal Assistance in Criminal Matters Treaties or Memoranda of Understanding. - law.com website

See also : South Africa. Ponzi haul was R12bn

Wal-Mart to require outside law firms to have flextime policies - 27 October
Law firms must have flextime policies if they want to do legal work for Wal-Mart Stores Inc. Wal-Mart associate general counsel Joseph West said his company will add the flextime requirement to its current list of criteria used to evaluate outside law firms, the National Law Journal reports. The retailer also decides whether to hire law firms based on cost-effectiveness, performance and diversity. - ABA Journal website

Survey says : women lag far behind as rainmakers - 26 October
In its fourth annual report on how women are faring in the profession, the National Association of Women Lawyers has, for the first time, zeroed in on women as rainmakers. The conclusion: Women are "surprisingly weak" in bringing in new business. The group found that at 46% of law firms surveyed this year there weren't any women among the top 10 rainmakers, while 32% had one, 15% had two, and 6% had three or four.  - The National Law Journal website

Zimbabwe

Zimbabwe's lawyers withdraw from justice conference - 28 October
Zimbabwe's main professional associations, including the law society and "Zimbabwe Lawyers for Human Rights", will not attend a conference organized by the ZANU-PF-controlled justice ministry. The withdrawal of the professional groups represents a serious blow to the fragile unity government. A government-sponsored conference, scheduled to get underway Thursday in Victoria Falls, was to be the first of its kind since the unity government came to power in February. Delegates were to discuss access to justice for all Zimbabweans and the systems through which justice is delivered in Zimbabwe. VOA News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society