Saturday, July 29, 2017

Former Ethics Director Says Trump Is Causing A 'Crisis;' Calls For Reforms; NPR, July 28, 2017

Mollie Simon, NPR; Former Ethics Director Says Trump Is Causing A 'Crisis;' Calls For Reforms

"Shaub also wants to amend the Ethics in Government Act to prohibit officials from receiving compensation for the use of their names and their family names while in office — a matter particularly relevant to the Trumps, who hold extensive trademarks and make money from placing their name on properties, such as hotels.

Shaub said the changes he proposes transcend partisan politics.

"Both major political parties have always been incredibly supportive of the government ethics program and neither can claim sole credit for having built it," Shaub said.

He has already found support for his efforts from Republicans, including Sen. Chuck Grassley of Iowa and Rep. Trey Gowdy of South Carolina.

If OGE is not strengthened, Shaub said, Americans risk long-standing ethical norms changing, for the worse.

"Norms are the glue that hold society together," he said.""
Bret Stephens, New York Times; The ‘No Guardrails’ Presidency

"In the meantime, we have a “No Guardrails” [see here] presidency, in which Trump’s contempt for law, procedure and decorum are a license for the behavior of his minions and a model for future American demagogues and their apologists.

Scaramucci’s outburst — to a reporter, no less — is insignificant in itself. But it exactly represents what this administration is and will continue to be, with the blessing of an intellectual class that has done as much to betray honorable conservatism as the liberal intelligentsia of the ’60s did to betray honorable liberalism.

As Scaramucci said, paraphrasing a proverb, “The fish stinks from the head down.” Yes, it does, Mooch. And you’re merely the mouth."

The White House is imploding; Washington Post, July 28, 2017

Ruth Marcus, Washington Post; The White House is imploding

"But it also illustrates a truism of modern American politics: Moving forward with a complicated or ambitious legislative agenda requires the propulsive force of presidential leadership. Troops do not perform effectively without a general at the helm, a leader they both respect and fear.

A master legislative tactician such as Senate Majority Leader Mitch McConnell (R-Ky.) can get you only so far; the rules of the Senate make it easier for McConnell to block (see, for example, the Supreme Court nomination of Merrick Garland) than to enact. A president distracted by infighting, inattentive to detail and sagging in the polls can announce all he wants that “I am sitting in the Oval Office with a pen in hand.” No wobbly lawmaker is going to rally to that cry."

Tuesday, July 25, 2017

The Case For Nations To Act On Medicines Access; Intellectual Property Watch, July 23, 2017

William New, Intellectual Property Watch; The Case For Nations To Act On Medicines Access

"A range of speakers, including top health officials from both a developed and developing country, last week laid out the case for why the world’s leaders must now launch a shift in the way medicines all populations need are developed and priced. The need for global collaboration is clear, speakers said, but who will lead?

The 17 July event was titled, “UN Secretary-General’s High-Level Panel on Access to Medicines: Advancing Health-Related SDGs through Policy Coherence.” The panel came in the context of the UN High Political Forum on Sustainable Development taking place during the week at the UN headquarters in New York...

Voice of Contention

Speakers ran over time so there was not time for questions. A US delegate in the audience told Intellectual Property Watch afterward that the critical statement by the US on the High-Level Panel from 16 September 2016 “still stands,” arguing that the panel report is “flawed” and is overly narrow."

Her dilemma: Do I let my employer microchip me?; Washington Post, July 25, 2017

Danielle Paquette, Washington Post; Her dilemma: Do I let my employer microchip me?

"Melissa Timmins has a week to decide: Does she keep her hand to herself, or does she let her employer microchip it?

The implant is the size of a grain of rice. It would slip under the skin between her forefinger and thumb. It would sting for only a second. Then she could unlock doors or log onto her computer with a wave. Her flesh could hold her credit card, her medical records, her passport . . .

“At first, I thought it was a joke,” she said.

Timmins, 46, works in sales at Three Square Market, a Wisconsin company that makes vending-machine software. The offer came after her boss returned from a business trip in Stockholm, where he encountered Biohax Sweden, a start-up that aims to endow body parts with technological power.

On Aug. 1, Three Square Market will throw a “chip party,” where employees can insert the $300 microchips, provided free from management. About 50 of 85 employees are expected to accept the company’s present. (Chips and salsa will be served.)

The Radio Frequency ID chips, as they’re called, could also function beyond the office."

Former DOJ Compliance Counsel Hui Chen To Keynote Convercent's Converge17: "Ethics at the Center"; Press Release, MarketWired, July 25, 2017

Press Release, MarketWired; Former DOJ Compliance Counsel Hui Chen To Keynote Convercent's Converge17: "Ethics at the Center"
Annual event brings together ethics and compliance industry leaders, analysts, and customers including Kimberly-Clark, Airbnb, and Under Armour

"Convercent, the leading cloud platform for ethics and compliance, today announced former Department of Justice compliance counsel Hui Chen will keynote its annual industry event, Converge17, taking place October 3-5 in Denver. Chen made headlines when she attributed her June DOJ resignation to the ethical and compliance misconduct of the current Presidential administration, stating she could no longer hold companies to standards the White House was "not living up to." Now an ethics and compliance activist, Chen will speak at Converge17 about the critical importance of driving ethics to the center of business.

"I believe there is nothing more important than protecting and promoting the ethical values of our society, but that's not possible unless corporations and business leaders instill ethical values at their core," said Chen. "There's still much work to be done when it comes to taking corporate ethics and compliance to the next level. I'm looking forward to participating in Converge17 because this community is focused on the same mission: cultivating ethics and values at the center of their companies."

Convercent's second annual industry conference brings together business leaders, ethics professionals, and compliance experts from across industries. The three days of keynotes, interactive breakout sessions, expert panels and networking all tie back to Converge17's theme: "Ethics at the Center." Attendees will not only discuss strategies and opportunities for building strong corporate ethics, values, and compliance, but also how to tie those efforts directly to their business goals and see the impact on the bottom line.

"Companies are increasingly realizing that ethics are crucial for sustainable business. It's never been more apparent that the brands prioritizing ethics and values today will be the ones who succeed in the long run," said Convercent CEO and Co-founder Patrick Quinlan. "By bringing together a community of values-driven experts and business leaders at Converge17, we will help organizations successfully navigate this global shift towards ethics and inspire even more to get on board."

Speakers include Former DOJ Compliance Counsel Hui Chen, Convercent CEO and Co-Founder Patrick Quinlan, Kimberly-Clark Chief Ethics and Compliance Officer Kurt Drake, Convercent Chief Product Officer and Co-Founder Philip Winterburn. Sessions include:

  • Bringing Your Values to Life
  • Supporting Ethics in Disruptive Industries (featuring Airbnb and Under Armour)
  • The ROI of Ethics
  • The Ethical Supply Chain
  • Developing a Culture of Trust
To register or find more information on the event, visit Convercent.com/converge."

Monday, July 24, 2017

Prevent employees from walking off with trade secrets; Virginia Lawyers Weekly, July 24, 2017

Clyde Findley and Ryen Rasmus, Virginia Lawyers Weekly; 

Prevent employees from walking off with trade secrets


"Intellectual property law is com­plicated. It protects legal rights associated with intangible and never-before-seen items. The IP field is full of jargon and contradic­tions, has few bright-line rules, and is studded with “I-know-it-when- I-see-it” tests and standards. It is little wonder, therefore, that many general practitioners throw up their hands when it comes to their clients’ IP issues, and either ig­nore these issues outright or refer the clients out to high-cost specialists. However, a generalist can take many precautions to nurture and protect her client’s IP hold­ings, particularly its trade secrets.

Although all forms of intellectual proper­ty can lose value when they are not properly looked after, no category of IP can lose its value as quickly as material that—with just a bit of attention from a business lawyer— can qualify for state and federal trade secret protection. Because careless and vindictive employees are often the guilty parties in trade secret misappropriation cases, atten­tion to the agreements and policies that gov­ern employees behavior is especially useful."

Tuesday, July 18, 2017

What the Enron E-mails Say About Us; New Yorker, July 24 Issue

Nathan Heller, New Yorker; What the Enron E-mails Say About Us

[Kip Currier: 1,000th post since starting this blog in 2010.]

"Small, sometimes moving dramas unwind in the folders of sent mail. In May, 2001, a trader who is given to enthusiastic, exclamation-laden e-mails tells a friend that it’s already getting hot in Houston, which is a pain, because he’s begun jogging again, to lose 8.5 pounds. He has just been through a breakup. A vice-president is having a custody battle in September, 2001, and sends a legal aide a frenzied, unedited, and wrenching plea: “How can she be aloud to keep me from my son?” Some of the most interesting messages were never meant for anyone else’s eyes. That same jogger, still romantically at loose ends, e-mails his Hotmail account a link to workouts on fitnessheaven.com. An employee on the legal team sends his personal AOL account a joke he may have found worth mastering. (“Moses, Jesus and an old man are golfing,” it begins.) “Do you know what’s included in Enron’s Code of Ethics?” an e-mail advertising an in-house informational event prompts. “Do you know what policies affect corporate conduct? Ask Sharon Butcher, Assistant General Counsel of Corporate Legal, all your questions about our corporate policies today.” The message was sent on June 5, 2001. Ten weeks later, Jeffrey Skilling resigned as president and C.E.O. A programmed search could find this e-mail, but it wouldn’t be able to locate the irony. For this, we need the same human instrument—faulty, romantic, and duplicitous—that brought Enron to that self-defeating point."

Friday, July 14, 2017

Distinguished African-American Alumni Honored for Service, Achievements; Pittwire, July 12, 2017

Pittwire, Distinguished African-American Alumni Honored for Service, Achievements

"Trailblazers, role models and inspirations are just a few words to describe five Pitt alumni who were recognized in June for their accomplishments and community outreach.
The alumni, Elayne Arrington (ENG ’61), Martha Richards Conley (LAW ’71), Robert Grier (BUS ’57), Dame Vivian Hewitt (SIS ’44) and Cecile Springer (GSPIA ’71) were each honored by the African American Alumni Council with its Distinguished Alumnus Award.
More about the honorees:..

Dame Vivian Hewitt

Hewitt received her library science degree from Pitt’s School of Library and Information Sciences. She began her career as the first black librarian for the Carnegie Library of Pittsburgh. Later, she became the first black chief librarian at The Rockefeller Foundation, the Carnegie Endowment for International Peace and the Council on Foreign Relations. Hewitt and her husband began buying works of Haitian and African-American art while still a young couple, and now the Hewitt Collection is considered to be one of the finest collections of its type in the world. It was purchased by Bank of America and gifted to the Harvey B. Gantt Center for African-American Art + Culture in Charlotte, North Carolina. The collection recently was on display at Pittsburgh’s August Wilson Center."

Toronto Public Library Refusing to Cancel Planned Neo-Nazi Gathering; Torontoist, July 12, 2017

Evan Balgord, Torontoist; Toronto Public Library Refusing to Cancel Planned Neo-Nazi Gathering

"Prominent members of Canada’s neo-Nazi movement are holding a memorial service at a Toronto Public Library branch tonight for Barbara Kulaszka—a lawyer who defended them in front of the Canadian Human Rights Tribunal.
Jewish organizations want the Toronto Public Library to cancel the Richview Library booking, but, in an email, Ana-Maria Critchley, manager of stakeholder relations for the Toronto Public Library, tells Torontoist that’s not happening."

Letter to the Editor "Code Of Ethics", Press & Dakotan, July 13, 2017

Letter to the EditorGeorge Fournier MD, FACS, Yankton, Press & Dakotan,


Code Of Ethics


"With the current controversy surrounding the permitting of CAFOs [concentrated animal feeding operations] in Yankton County and concerns being voiced about the seeming unethical and almost subliminal way the commissioners and the zoning commission have relaxed zoning laws for proposed CAFOs, I asked the question: Is there a code of ethics and principles that Yankton County commissioners must adhere to in the performance of their duties as commissioners?

A Google search of the topic as well as a search of the county web site fails to specify the code. What is out there is a Commissioners Handbook, authored by the South Dakota Association of County Commissioners (SDACC). I read the second edition. The ethics section is on page 17.

Reading the section several times gives me the sinking feeling that there are potential ethical land mines faced by the commissioners. Two of the five commissioners are officers at a local bank, and a third is described in his bio on the commissioners’ website as, “He runs a diversified operations of alfalfa, soybeans, corn and hogs. Ray sits on many agricultural-related boards and is all about the future of the industry.” Really? Is he also all about the welfare of the citizens who elected him to office?

In the ethics section of the SDACC Commissioner’s Handbook on page 18: “… they should abstain from a vote on issues on which they would profit or enhance a relationship.” Clearly there are potential ethical issues facing our commissioners that need to be cleared up.


Should these three commissioners recuse themselves from voting on CAFO issues to avoid the appearance of impropriety or conflict of interest? It is unsettling to think that Yankton County commissioners could be blatantly violating the code of ethics suggested by their association."

Watching America lose its moral authority in real time; Washington Post, July 14, 2017

Dana Milbank, Washington Post; Watching America lose its moral authority in real time

"I traveled with my family in Australia for three weeks as a guest of the Universities of Sydney and Melbourne, invited to explain what’s happening in President Trump’s America.

As if there were an explanation.

Of more interest was what I learned from the Australians. To visit this stalwart ally and talk with its people was to see how the United States, in the space of just a few months, has utterly lost its moral authority."

Moral Vacuum in the House of Trump; New York Times, July 14, 2017

David Brooks, New York Times; Moral Vacuum in the House of Trump

"Once the scandal broke you would think Don Jr. would have some awareness that there were ethical stakes involved. You’d think there would be some sense of embarrassment at having been caught lying so blatantly.

But in his interview with Sean Hannity he appeared incapable of even entertaining any moral consideration. “That’s what we do in business,” the younger Trump said. “If there’s information out there, you want it.” As William Saletan pointed out in Slate, Don Jr. doesn’t seem to possess the internal qualities necessary to consider the possibility that he could have done anything wrong.

That to me is the central takeaway of this week’s revelations. It’s not that the Russia scandal may bring down the administration. It’s that over the past few generations the Trump family has built an enveloping culture that is beyond good and evil."

Monday, July 10, 2017

MIT convenes ad hoc task force on open access to Institute’s research; MIT News, July 7, 2017

MIT Libraries, MIT News; MIT convenes ad hoc task force on open access to Institute’s research

"MIT’s provost, in consultation with the vice president for research, the chair of the faculty, and the director of the libraries, has appointed an ad hoc task force on open access to MIT’s research. Convening the task force was one of the 10 recommendations presented in the preliminary report of the Future of Libraries Task Force.

The open access task force, chaired by Class of 1922 Professor of Electrical Engineering and Computer Science Hal Abelson and Director of Libraries Chris Bourg, will lead an Institute-wide discussion of ways in which current MIT open access policies and practices might be updated or revised to further the Institute’s mission of disseminating the fruits of its research and scholarship as widely as possible.

“To solve the world’s toughest challenges, we must lower the barriers to knowledge,” says Maria Zuber, vice president for research. “We want to share MIT’s research as widely and openly as we can, not only because it’s in line with our values but because it will accelerate the science and the scholarship that can lead us to a better world. I look forward to seeing the Institute strengthen its leadership position in open access through this task force’s work.”"

Sunday, July 9, 2017

Walter Shaub’s Brave, Quixotic Ethics Battle with Trump; New Yorker, July 7, 2017

, New Yorker; Walter Shaub’s Brave, Quixotic Ethics Battle with Trump

"After leaving his post at the O.G.E., Shaub will join the Campaign Legal Center, a nonpartisan organization based in Washington, D.C., as the director of its ethics program. According to Lawrence Noble, the Center’s general counsel, Shaub learned about the job opening only recently. “When the opportunity came for us to hire Walt, we couldn’t pass it up,” Noble said. He added that, to the best of his knowledge, Shaub “was under no outside pressure” to leave the O.G.E. before his term ended, and Shaub told the Washington Post much the same.

In his new role, Shaub will be helping the Center to expand its ethics program, strengthen its watchdog role, and help design potential fortifications to the ethics rules, which have been “stress-tested” under President Trump, as Noble put it. He added that Trump had exposed many weaknesses in ethics laws. With Shaub’s help, his organization will be looking at ways to strengthen and update conflict-of-interest rules for the President specifically, as well as ways to potentially give more power to the O.G.E., which, currently, can only offer advice and suggestions and has no enforcement role."

Surprise Us, Mr. Trump: Name an Ethics Watchdog With Teeth; New York Times, July 7, 2017

Editorial Board, New York Times; Surprise Us, Mr. Trump: Name an Ethics Watchdog With Teeth

"Walter Shaub Jr. announced his resignation as director of the Office of Government Ethics on Thursday, plunging the federal government’s top ethics watchdog agency into limbo. President Trump now has the chance to appoint an accommodating loyalist who’d give him far less trouble than Mr. Shaub has. Or he could surprise us, and name another independent director committed to the ethical rules of public service. The president’s past behavior doesn’t offer much hope, but it would be in his long-term interest to choose a director with integrity.

The 70-person O.G.E. works with some 4,500 executive branch ethics officials whose goal is preventing conflicts of interest among 2.5 million civilian federal employees. The energy, commitment and character of the person at the top is crucial to the office’s success, not least because it has no real enforcement power. Its influence derives from a mix of financial disclosure rules, public pressure and, ideally, White House support for its mission of ensuring that civil servants act on the behalf of Americans, not themselves."

Friday, July 7, 2017

Protecting Your Business: When To Consult An Intellectual Property Lawyer; CBS Los Angeles, July 6, 2017

Christopher Millard, CBS Los Angeles; Protecting Your Business: When To Consult An Intellectual Property Lawyer

"To many a small business owner, legalese can inspire fear in the heart. Intellectual property law is no exception, but this critical legal concept is tantamount to the health and well-being of your business. As Darren Dahl of the New York Times points out, “They see images of expensive lawyers and use that as an excuse to ignore the topic, reasoning that it is a problem for big companies to worry about.” He goes on to point out that through the rise of the internet, protecting your intellectual property has become a necessity. Small businesses are threatened more so, due to the lack of personnel to police intellectual property infringement.

So, let’s decode exactly what intellectual property means, and when you need to call in a lawyer to help your organization...

This article was written by Christopher Millard for CBS Small Business Pulse"

Tuesday, July 4, 2017

GDPR Mastered: Preparing For History’s Biggest Data Privacy Revolution; Data economy, June 29, 2017

João Marques Lima, Data Economy; GDPR Mastered: Preparing For History’s Biggest Data Privacy Revolution

"Are GDPR sanctions enough to deter companies and make them change their behaviour?


SF: It has already got their attention. It certainly is the one area where C-level executives are starting to pay attention. Four percent of a global annual revenue is pretty substantial and will put some companies out of business.
It will still be those large multinational organisations that their entire business relies on data that will try to push back and in their head they might think: there is no way we will be fined this.
However, what is going to happen is that the data protection authority is going to look for that first case, and that first case that they find, that first company that they can actually hold it accountable and sanction will become the poster child to get companies to rethink their position. They cannot be arrogant any longer."

Monday, July 3, 2017

Security Pros, Librarians Holding Digital Privacy Clinics Across U.S.; Consumer Reports, June 28, 2017

Andrew Chaikivsky, Consumer Reports; Security Pros, Librarians Holding Digital Privacy Clinics Across U.S.

"Librarians as Privacy Coaches
Workshops such as Mitchell’s are often called “crypto parties” in reference to cryptography, a field of math and computer science that underlies digital security.

The idea was launched in 2012 as a grassroots movement, and since then hundreds of crypto parties have been held worldwide, including events in at least 26 states. The clinics teach everything from how to lock down a smartphone to methods for limiting online tracking by marketers. Attendees are urged to bring their laptops and phones. “No chips, dip, awesome music, or drinks,” Mitchell says. “Just food for the mind.”

These workshops are free, and you can find a list of upcoming events online. People who can't find a crypto party in their community may be able to learn about digital security at their public library.

“Libraries do a lot of digital training, and part of learning how to use a computer is making decisions about your online privacy,” says Mike Robinson, chairman of the Intellectual Freedom Committee’s privacy group at the American Library Association. “We don’t tend to call them crypto parties,” he says, “but in essence it’s what they are.”
If your library doesn’t yet offer this sort of training, Alison Macrina, a former technology librarian in Watertown, Mass., who co-wrote a self-published guide to online privacy called “We Are All Suspects,” suggests that you ask at the reference desk. “Libraries are incredibly quantitative and data-driven. If people call or ask, librarians can better show the board of directors or administrators that there’s a big interest in it and a need for this.”"