Wal-Mart Acts Fast On Taping

March 5, 2007 | Filed Under Criminal Liability, Compliance

In the post-HP pretexting era, companies need to move promptly when advised of potential wrongdoing. Wal-Mart today can be categorized as Exhibit A.

The New York Times reports (and the company has announced) that Wal-Mart uncovered that a company technician had intercepted messages and recorded phone conversations with company personnel and a reporter for the New York Times.

In this case, the board was promptly notified after an employee’s complaint in January, and the US Attorney was informed the next day.

The employment of the technician was terminated today. Other company managers have been disciplined. The company further stated that the US Attorney will conducts its own investigation. It will be interesting to see to what extent the feds take Wal-Mart’s voluntary disclosure into account in exercising prosecutorial discretion.

We are entering an era of compliance and regulatory disclosure that can be summarized in five words:

When in doubt, do it.

Linde Pays the (DLA) Piper

March 1, 2007 | Filed Under New Services, Legal Resources

Firms that aren’t talking with their clients about ways they can improve service have another reason to wake up and smell the coffee.

Just a few weeks after a similar deal between Tyco and Eversheds, DLA Piper announced yesterday a major legal services agreement with Linde (a Germany-based gas and engineering company).

Under the arrangement, Linde goes from 150 law firms to 5. Here’s an explanation:

Under the radical, new model introduced by Linde, DLA Piper will advise on a range of matters across Europe, Asia Pacific and the US, which amounts to 80 per cent of legal spend. This single solution approach incorporates matters such as commercial and compliance work, IP, employment, litigation, property, data protection, regulatory, product liability and non-strategic acquisitions and disposals. DLA Piper will work closely with the 65-strong internal legal services team at Linde to deliver quality legal solutions and obtain more value from its outsourced work.

Four other firms made the cut:

The other law firms retained by Linde are Linklaters, which will advise on all corporate issues outside the US; the German law firm Hengeler Muller, which has retained an advisory role on company law issues; Simpson Thacher, which has been retained to advise Linde on strategic corporate work in the US and Shearman & Sterling which will handle the Group’s antitrust matters.

So for lawyers at the other 145 firms left at the altar, go ahead, have another cup, call the office and say you’re running late.

It's Folgers...