Thursday, May 23, 2013

ANALYSIS: What Every U.S. Foreign Corrupt Practices Act Lawyer Should Know About Mobile Telephone Forensics

Mobile telephone devices have transformed our lives forever. Whether used merely as a communications gizmo to assist us with the bevy of ordinary personal and professional tasks that crop up during the day, or used as a high-tech viaduct to connect with others in ways beyond mere telephone chatter, cell phones have co-opted our existence and renovated our lifestyles dramatically.

Not surprisingly, concomitant with their explosive growth, the electronically stored information (or “ESI”) within the circuitry and periphery of mobile telephone devices has become a primary source of evidence and discovery in investigations and litigation, especially investigations pertaining to the Foreign Corrupt Practices Act (FCPA). 1 However, despite their potential to become a smoking gun, FCPA lawyers still…

ANALYSIS: Dubai’s Revised Collective Investment Funds Regime Eases Rules On Cross-Border Management And Marketing Of Funds

Since its launch in 2004, the Dubai International Financial Centre (“DIFC”) has been at the forefront of the drive to…

England: High Court Says “Making Available” On Internet Occurs Only in Jurisdiction Where Servers are Based

In a judgment handed down on November 17, 2010, Mr Justice Floyd in Football Dataco Limited and Ors v. Sportradar GmbH and Anor held that the act of making available to the public by online transmission is committed and committed only where the transmission takes place.

Background

The claimants (together “FDC”) exploited certain data relating to English and Scottish football matches. This data was compiled in a database known as “Football Live”. The data included…