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Bauchi Governor on the ‘Stateless’ Fulani

Editorial

TRIBUNE

Last week, the Bauchi State Governor, Mr Bala Mohammed, said that Fulani herdsmen from Chad, Niger and other neighbouring countries would benefit from the National Livestock Transformation Plan [NLTP] being championed by the Federal Government to put herdsmen and their livestock in designated colonies and give them the opportunity of exploiting the livestock value chain. Speaking on Channels Television’s Sunrise Daily programme on the initiative which is expected to be funded by the Federal Government at 80 per cent while the states would provide 20 per cent counterpart funding and the grazing land, the Governor claimed that it would be inappropriate to deprive the ‘transnational Fulani’ of the benefits of the livestock plan simply because they were not Nigerians.
Mohammed said: “I think there is a lot of mistrust and misconception as regards the Fulani man. The Fulani man is a global or African person. He moves from The Gambia to Senegal and his nationality is Fulani. As a person, I may have my relations in Cameroon, but they are also Fulani. I am a Fulani man from my maternal side. We will just have to take this as our own heritage, something that is African. So, we cannot just close our borders and say the Fulani man is not a Nigerian. In most cases, the crisis is precipitated by those outside Nigeria. When there is a reprisal, it is not the Fulani man within Nigeria that causes it. It is that culture of getting revenge which is embedded in the traditional Fulani man that attracts reprisal.”
According to the Governor, it is proper for Fulani foreigners to benefit from Nigerian taxpayers’ money since the Fulani do not  actually have a single nationality given their nomadic nature. As he noted: “We are already accommodating them. Do you delineate and really know who is not a Nigerian Fulani man? They are all Nigerians because their identity, their citizenship is Nigerian even though they have relatives from all over the world. So, presumably, they are Nigerians because they move all over and have relations all over. That is why our population in Nigeria is fluid.”
Truth be told, Governor Mohammed’s position on the nomadic Fulani derives from the dominant thinking in the North, a position which poses serious risks to Nigeria’s existence as a sovereign entity. It is hard to imagine any serious country whose population is fluid in the manner delineated by the Bauchi State Governor. Saying that Fulani herdsmen from other countries will benefit from a Nigerian government’s programme because they are transnational rubbishes the very basis of nationhood. A system whereby members of a particular ethnic group show no regard for national barriers, and flow in and out of the country without any institutional checks and balances, cannot be ideal. That is not the way modern states are run. Fulani herdsmen exist in many countries across Africa and share a brotherhood which transcends boundaries, yes, but so do members of other ethnic groups.
For instance, there are people of Yoruba ethnic stock in several parts of the world, including the Republic of Benin, Togo, Ghana, Brazil, among others, but no one has, to the best of our knowledge, ever suggested that these ‘transnational Yoruba” have the same status in the country as their counterparts in the South-West. According to tradition and custom, the non-Nigerian Yoruba all have their roots in Nigeria. Do you then confer Nigerian citizen on them all, as it were? Pray, how do you ask people to go in and out of your country on the basis of ethnicity? What about the all important question of citizenship? How can ‘Fulani’ be a nationality, as suggested by Governor Mohammed? The question becomes much more poignant when the horrific and barbaric activities of Fulani herdsmen across the country, a considerable number of whom are said to be foreigners, are considered. In which other country do the herdsmen enjoy such criminal leverage? It is a fact that not many ethnic groups in Africa have posed the kind of threat to nationhood and national barriers by the ‘transnational Fulani’, about whom the Bauchi Governor waxed lyrical.
To be sure, we are not in any way suggesting that Nigerians or the Nigerian government should discriminate against or maltreat foreigners. That would be unjustified. But foreigners coming into Nigeria must carry passports indicating their national origin and they must come into the country legally. The political and cultural leadership in the North really needs to rethink this issue. How do you conduct population censuses and elections with such transnational configurations? What about enlistment in the Armed Forces which demands loyalty to country? Do you simply allow people who are non-Nigerians to enlist in the Armed Forces based on their ethnic affinity with certain groups of Nigerians and without having acquired Nigerian citizenship? How do you police the borders successfully when a political leadership believes that kinship overrides national security considerations? With the kind of mindset evident in the Bauchi Governor’s analysis, the country will never get its population census and many other critical national activities right.
Governor Mohammed’s claim that “the Fulani man settles anywhere he can feed his cattle” is banal. The typical Igbo person settles anywhere he or she can do business, but that is in the context of national and international laws. There is no reason why the Fulani or, indeed, any other group should be different. Migration is not peculiar to the Fulani; it is an essentially human trait, but it has always been moderated by rules, even in pre-colonial times. Nigeria needs to police its borders effectively. It cannot be the eternal home of transnational citizens scoffing at national laws. We reject the idea of stateless Fulani and urge the Federal and State Governments to do same without delay.

Culled from Trubune, 26 September 2019

SERAP secures order to compel CCB to make Presidents’, governors’ assets public

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A Federal High Court in  Lagos has made an order paving way for the Code of Conduct Bureau (CCB) to publish the asset declarations of successive Presidents and state governors since 1999.

Hon. Justice Muslim Hassan in his ruling, granted leave to Socio-Economic Rights and Accountability Project (SERAP) to compel  the Bureau to publish the asset declarations of all Presidents and state governors since 1999.

He made the order after listening to SERAP’s ex parte motion argued by its counsel Adelanke Aremo.

His Lordship in his verdict declared that: “Going through the application filed by SERAP, supported by a 14-paragraph affidavit with supporting exhibits, statements setting out the facts, verifying affidavits and written address in support, I am satisfied that leave ought to be granted in this case, and I hereby grant the motion for leave.”

The action was initiated on account of CCB’s refusal to disclose details of asset declarations submitted to it by successive Presidents and state governors since 1999. Its argument was that it “would offend the right to privacy of Presidents and state governors.”

SERAP in the suit applied for a judicial review and an order of mandamus directing and compelling the CCB to disclose details of asset declarations of all Presidents and state governors since 1999.

The suit reads: “Asset declarations of Presidents and state governors submitted to the CCB are public documents.

“Public interest in disclosure of the details of asset declarations sought by SERAP clearly outweighs any claim of protection of the privacy of Presidents and state governors, as they are public officers entrusted with the duty to manage public funds, among other public functions.

“A necessary implication of the rule of law is that a public institution, like the CCB, can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.

“The CCB does not have reasonable grounds on which to deny SERAP’s Freedom of Information (FOI) request, as it is in the interest of justice, the Nigerian public, transparency and accountability to publish details of asset declarations by presidents and state governors since the return of democracy in 1999.

“Disclosing details of asset declarations of public officers such as presidents and state governors would improve public trust in the ability of the CCB to effectively discharge its mandate. This would in turn put pressure on public officers like presidents and state governors to make voluntary public declaration of their assets.

“The right to receive information without any interference or distortion should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.

“It is a settled principle of law that details such as asset declarations of presidents and governors should be disclosed if there is an overriding public interest in having access to such information, which is clearly so in this matter.”

The rights group argued that democracy cannot flourish “if governments operate in secrecy, no matter how much open discussion and debate is allowed.

“The very nature and quality of public discussion would be significantly impoverished without the nourishment of information from public authorities such as the CCB, and to guarantee freedom of expression without including the right to know would be a formal exercise.”

It further averred that the CCB has “an obligation to proactively keep, organize and maintain all information or records about their operations, personnel, activities and other relevant or related information or records in a manner that facilitates public access to such information or record.

“Given that many public officers being tried for or convicted of corruption are found to have made a false declaration of their assets, the CCB should no longer allow politicians to undermine the sanctity and integrity of the asset declaration provisions of the Constitution by allowing them to continue to exploit legal gaps for illicit enrichment.

“While elected public officers may not be constitutionally obliged to publicly declare their assets, the Freedom of Information Act 2011 has now provided the mechanism for the CCB to improve transparency and accountability of asset declarations by elected public officers.

“Allegation of false or anticipated declarations by public officers apparently to steal or mismanage public funds is a contributory factor to Nigeria’s underdevelopment and poverty level. All efforts to get details of asset declarations by presidents and state governors have proved abortive.

“The right to information and truth allows Nigerians to gain access to information essential to the fight against corruption, institutionalise good governance and improve citizens’ confidence in public institutions.”

How to get a Nigerian passport within one week without paying a bribe

By Joe Abah

Until August 2017, I was the Director-General of the Bureau of Public Service Reforms (BPSR), with the daunting task of reforming Nigeria’s Federal Public Service. As part of that role, I sought to move the focus of Public Service Reforms away from the Public Service unto the public. This was a deliberate tactical approach that sought to change the approach to public service reforms from inputs to outcomes. Problems with the Public Service are often complex and intractable. There are various reasons why Public Service Reforms are difficult in most environments and are particularly difficult in developing countries, such as Nigeria.

In countries such as ours, the public service reformer is often dealing with myriad systemic input problems in the organisation he is trying to reform, including lack of electricity, insufficient financial provision, lack of working tools, poor internet access, poor staff motivation and systematic corruption. The combination of these, and any one of them for that matter, is sufficient reason to explain away a lack of improvement in public service delivery. Focusing on the outcome expected, rather than the problems with the inputs, gives the reformer a better chance of driving reforms in dysfunctional environments. The need to deliver the outputs expected forces the system to align the required inputs to achieve the expected outcomes, rather than focusing on the difficult task of trying to solve all the input problems before we can get the improvements in service delivery that the public expects and deserves. We will use the tortious issue of obtaining a Nigerian passport as a demonstration of how it could be done.

Many Nigerians go through a painful, dysfunctional and extortionate process when they try to obtain an international passport. Given its population and the absence of a focus on outcomes by the Comptroller-General, Lagos residents suffer the most. It is virtually impossible to obtain a Nigerian passport in Lagos without “knowing someone” and paying above the official rate of N15,000 for a 32-page passport and N20,000 for a 64-page passport. Even after paying more than double the official price and making obeisance to god-like Immigration officials, applicants are still confronted with the claim that “there are no booklets.” The Comptroller-General of Immigration often makes a categorical, but hollow, assertion that there are sufficient booklets nationwide, but the experience of citizens is clearly contrary to that claim. It is either that the Comptroller-General is being economical with the truth or that his officers are deliberately making things difficult in order to derive corrupt benefits from the dysfunction, and that the Comptroller-General is not interested in doing anything about it. Overcoming this logjam is relatively straightforward. Nigerians can obtain an international passport in a week without needing to know anybody and without paying a kobo more than the official price. In the next few paragraphs, I will outline how this can be done.

The first step is for the Presidency to demand from the Immigration Service the service standards for issuing Nigerian passports. The last time, that I am aware of, such service standards were set for passport issuance was under the SERVICOM regime in 2004. At that time, the Immigration Service undertook to provide international passports within one week, but expectedly within 72 hours. Most people, including the Immigration Service, currently appear not to be aware of this service standard. Nobody monitors performance against these standards, and although passport issuance is part of the Ease of Doing Business initiative, the Presidential Enabling Business Environment Council (PEBEC) has achieved little or nothing in this regard. It is important for the Immigration Service to commit to this standard, or revisit the standard and set a more realistic one and make the targets publicly-known, and for PEBEC and the National SERVICOM Office to publicly report the performance of the Immigration Service against these standards.

In order to meet the existing performance standard, or whatever new standard is set, it is necessary to take a number of straightforward actions. First, all payments must be made online. Notionally, this is already the case, but in practice, citizens are often unable to make online payments, forcing them to have personal contact with Immigration officers and their touts, who extract corrupt rents for “helping” people. The payment systems are often unavailable, either due to weaknesses in technical infrastructure or as a result of deliberate sabotage. Indeed, those that “stupidly go and pay online” are made to suffer interminable delays and forced to regret their attempts to do things properly. The Comptroller-General and PEBEC should be monitoring the frequency of “network” downtimes by location and tackling cases where the downtimes are as a result of deliberate sabotage. The good thing about technology is that there is always an audit trail that tells you who has done what to the system, at what time, in which location. They should also be monitoring how quickly applicants that pay in advance online receive their passports.

Even when an applicant successfully pays online, another major pinch-point is the capture process. Nigeria does not really have a passport renewal process. Every passport application is deemed to be a new application requiring fresh biometric capture. This would ordinarily not be a problem, particularly given the sensitive security nature of international passports. The process of being “captured” is, however, another corruption ‘toll gate.’ It should be possible to simply book an appointment for capture online, appear on the appointed date and time and be captured within 15 minutes. Currently, the appointment system tends to give you an appointment in 6 years’ time when the validity of the passport you are applying for is only 5 years! This forces you to seek out an Immigration officer that will “help” you, of course in the expectation of “appreciation.” There does not seem to be any willingness on the part of the Immigration Service to apply the simple technical fix required to make the appointment system work.

The Immigration Service knows the number of passport applications that it gets each year. It also knows that Nigeria’s population growth rate is 2.6%. How hard can it be to ensure that we have enough booklets to cover all applicants? I mean really! Unlike National Identity Cards, passports are not issued for free but for a fee. The Federal Government should configure the Treasury Single Account to ensure that the fees generated from passport issuance is used to ensure the availability of passport booklets at all times. If, as a result of exchange rates, the price of the passport is too low, especially as it is currently printed abroad, the Immigration Service should review the price and gradually increase it over time. Passport issuance is not a social service. Having said that, every effort should be made to print passports in country.

Every Nigerian knows that if you give enough cash to Immigration officials, you can get your passport in less than 6 hours. We also know that Nigerians like to leave things late, often applying for a passport within just days of needing to travel. Of course, pressure of time on the applicant is a compelling reason why they would pay for “help.” It is easy for the Passport Service to put in place an Emergency Fast Track process that charges four times what the normal rate of passport application is. Those that are in a hurry can pay N60,000-N80,000 per booklet to government, rather than into the private pockets of Immigration officials, and the funds can be reinvested into improving the passport process and even incentivising Immigration officers. Those that are not in a hurry and can wait a week, or whatever the new service target that the Service sets, can pay the normal price and get their passports without begging or bribing anyone.

Finally, the recent data integration between the Nigeria Immigration Service and the National Identity Management Commission (NIMC) is commendable. When a Nigerian has a National Identity Number issued NIMC, there is really no reason why they should not be able to obtain their passport within one week of submitting all required documentation. They should be able to pay online, book an appointment for biometric capture, get captured within 15 minutes without begging or bribing anybody, and be given an appointment for when to collect their passports. The performance of the Immigration Service on each of these steps should be monitored and publicly-reported. Until this is possible, the One-Government mantra in Executive Order E001 is simply hollow rhetoric, and the Vice President’s recent charge that Nigerians should not pay a bribe to obtain a passport simply a political statement. These suggestions are not new. They were given to the Immigration Service in 2017as part of a BPSR study on removing the bottlenecks to passport issuance when I was the BPSR Director-General. Before then, a SERVICOM assessment of the Passport Service in June 2006 came to pretty much the same conclusions. The Immigration Service seems to lack the willingness to address the issue and appears to have the power to get away with it. The Vice President, who is the head of PEBEC, should use the power of his office to ensure that they implement these recommendations and that the Passport Service does not continue to get away with the current dysfunctionin passport issuance, to the detriment of Nigerians.

JOE ABAH

Dr Abah is the former Director-General of the Bureau of Public Service Reforms. He is currently the Country Director of DAI, a global development companyThe views contained in this article are personal to him and do not represent the views of any employer past or present.

Superior court judge who suspected DA hacked her computer is charged with computer trespassing

By Debra Cassens Weiss

A superior court judge in Gwinnett County, Georgia, has been indicted on three counts of computer trespass for allegedly allowing outsiders to access the county computer system, reportedly to investigate whether the district attorney had hacked her computer.

Judge Kathryn Schrader was indicted Wednesday along with a private investigator and two computer specialists allegedly given access to the computer system and data. One of the experts had been convicted of child molestation. Law.com, the Gwinnett Daily Post, the Atlanta Journal-Constitution and the Associated Press have coverage; a press release is here.

The indictment has few details. But a March court filing by a lawyer for the convicted child molester said the Georgia Bureau of Investigation was investigating whether Schrader allowed the experts to access the county computer system because she suspected that Gwinnett County District Attorney Danny Porter had hacked her computer. The Gwinnett Daily Post had coverage.

The court filing said one of the experts had installed a WireShark device on Schrader’s computer in February to monitor suspicious activity on the computer network. The convicted child molester, Ed Kramer, was hired to analyze data collected by the device.

According to the filing, Kramer found “clear signs” that someone had accessed Schrader’s computer without permission, according to the AP.

During the time period when Kramer was monitoring the data, he was accused of violating probation for taking a photo of a child at a doctor’s office. The court filing by Kramer’s lawyer sought to disqualify Porter in the parole violation case on the grounds that he was a potential witness in the computer-access investigation.

Porter had learned that Kramer had access to county computers after his office seized Kramer’s electronic devices to look for photos of the child in the doctor’s office, the court filing said.

Porter has denied hacking Schrader’s computer. The criminal case was handled by the Prosecuting Attorneys’ Council of Georgia because Porter is considered a witness.

Schrader is no longer hearing criminal cases as a result of the investigation.

Schrader’s lawyer, B.J. Bernstein, issued this statement: “Judge Schrader has spent her career pursuing justice as an attorney and as a judge. She believes in the justice system and knows from her years of experience the presumption of innocence is real and necessary because she’s seen the innocent needing a trial to undo an allegation. Standing unfairly accused she will rely on her deep faith, family and her belief in justice to defend herself.”

Culled from ABA Journalhttp://www.abajournal.com/news/article/judge-said-to-believe-da-hacked-her-computer-is-charged-with-computer-trespassing


The dangers of repudiating history

By Chris Akor 

 had decided to write on the trampling of the rule of law by the Buhari government. But just as I started, I chanced upon this article I wrote last year. It captured exactly everything I wanted to say. I reproduce it again with minor modifications. This article was first published August 30th 2018.

Following early signals that the Buhari administration was not totally committed to upholding the rule of law and due process, I started writing, since 2016, to warn about the administration’s gradual descent into autocracy. Of course, not many people took me seriously. I was dismissed as a “wailer” and an unrepentant critic of President Buhari who was just doing his utmost to deal with the miasma left by 16 years of the People’s Democratic Party’s (PDP) rule.

The silence from the bar, academics and thought leaders was noticeably loud. I guess, haven invested so much energy and reputation into the Buhari project, they could not turn their backs on him.

But much more dangerous was a belief, prevalent in Nigeria at the time, that corruption could not be effectively fought within the ambits of the rule of law. We were therefore willing to overlook the occasional disregard of the law and the judiciary and the employment of unconventional and unlawful methods in dealing with the hoard of corrupt officials in Nigeria.

However, with the recent happenings in the polity – the wilful disregard of the rule of law, wanton human rights abuses, the not-so-subtle attempts to silence all opposition and divergent voices, and to illegally remove and replace the leadership of the national assembly – Nigerians are beginning to see a pattern. And when a democratically elected president looks all citizens in the eyes and tell them national security and public interests would come before individuals’ rights, then they know no one is really safe from the clutches of such a state.

Read Also: Maritime sector needs to return over N300bn to Nigerian economy – Amaechi

But Buhari didn’t just take us by surprise. He has a history which we all failed to take into account. In the run up to the 2015 general elections, I’d watched with shock and horror how we all repudiated our history – of events that happened between 1984 and 1985 – and proclaimed Buhari to be the answer to all our national woes and the best person to fix our ailing economy.

Being a keen student of Nigerian government and politics, I’d read virtually every available historical account of the Buhari military regime – and there was almost a universal consensus that the regime was a major economic disaster. Unable to convince multilateral agencies to advance lines of credit to Nigeria following the regime’s stubborn refusal to countenance even a partial devaluation of the country’s currency and due to the drying up of the country’s foreign reserves in the face of declining oil prices, the regime chose rather to engage in counter-trading (or more appropriately trade by barter) where the country bartered its oil cheaply for spare parts and other raw materials to escape from its economic immobilism.

Expectedly, the measure only worsened the country’s dire economic situations. Wages still went unpaid and there were general shortages of basic commodities like rice, milk, sugar, etc and the helpless masses had to queue endlessly to get to these items. Industries had to close shop and those that managed to remain open operated at very low capacity.

Confronted by the apparent failure of its policies to revamp the economy, the regime became even more oppressive and intolerant of criticism. As Adebayo Olukoshi and Tajudeen Abdulraheem rightly noted, “The Nigerian Security Organisation’s powers were significantly expanded. Then the state began to play the old card of blaming so-called illegal ECOWAS immigrants, especially from Ghana, for the continued shortage of commodities and jobs. But the diversion created by the second mass expulsion of aliens early in 1985 was only short-lived and was soon exhausted.”

As rational explanations ran dry, repression became the norm. The famous decree 4 that prohibited journalists from reporting anything that could embarrass the regime, even if it were true, was promulgated. It did not take long before two journalists fell fowl of the law and were consequently locked up. Soldiers were sent out with whips to enforce order and discipline on the streets and ensure cleanliness in people’s homes.

Special secret military tribunals were set up to try politicians accused of corruption despite protests and boycotts of the tribunals by the Nigerian Bar Association (NBA). The accused were all presumed guilty until they could prove their innocence, and few managed that task. Most were given ridiculously long sentences, some running into hundreds of years. Certain crimes like drug trafficking, smuggling, and oil bunkering were made to carry the death sentence and three Nigerians were retroactively executed under this law.

The most sensational example of the regime’s recklessness was the botched attempted kidnap and forced repatriation of Nigeria’s former transport minister under the Shagari regime, Umaru Dikko, who was found drugged in a crate in a London airport that had been tagged as diplomatic baggage. This led to a break-up of diplomatic relations between Nigeria and the Britain.

Read Also: APC denies rift between Buhari, Osibanjo

The history we all rejected and repudiated has come back to haunt us. Just like 1984/85, we have had to endure the worst economic recession in Nigeria in almost 30 years, watched as hyper-inflation and rapid depreciation of the naira erode the spending power of Nigerians and threw millions of Nigerians into extreme poverty. Even, various attempts have been made to bring back the infamous “Decree 4” in form of the “Anti-Social Media Bill”. With the president’s stand on the rule of law, Nigerians should be ready for a full-blown dictatorship in his second term – and perhaps after.

There are feelers that some persons are working on a life presidency project for the president. Recently, the APC candidate for the Senatorial bye-election in Bauchi south, Lawal Yahaya-Gusau stated explicitly that he had only one agenda for seeking to go to the senate – to work towards a constitutional amendment to pave the way for Buhari to become president-for-life. Yahaya-Gusau did win the election and there has been no word of caution or denunciation from either the party or the presidency. Considering how Obasanjo’s third-term project started, we will be foolish to dismiss Yahaya-Gusau’s campaign promise as wishful thinking.

Culled from BusinessDay

Exploring new frontiers in research for the legal industry

By Jason Tashea

It’s been a surprise to legal tech blogger Bob Ambrogi that legal research has become a hotbed of new entrants with novel approaches to legal research.

“If five years ago you had said to me, ‘What’s one area of technology that going to see a significant degree of innovation over the next few years?’ I think legal research probably would have been the last one I would have identified,” he says.

In an industry that was dominated by two major players just a decade ago, “startups are reimagining, rethinking the way we do research,” he says, which is impacting those legacy companies.

Read more:http://www.abajournal.com/legalrebels/article/rebels_podcast_episode_044?utm_source=salesforce_109039&utm_medium=email&utm_campaign=tech_monthly&utm_medium=email&utm_source=salesforce_109039&sc_sid=03789383&utm_campaign=&promo=&utm_content=&additional4=&additional5=&sfmc_j=109039&sfmc_s=52273157&sfmc_l=1528&sfmc_jb=288&sfmc_mid=100027443&sfmc_u=4292058

Why scraping publicly available information online isn’t a crime

BY Jason Tashea

Earlier this month, the 9th U.S. Circuit Court of Appeals at San Francisco took a stand for an open internet. A three-judge panel found that automated searching of a public website, also called web scraping, is not a violation of the Computer Fraud and Abuse Act, the country’s main anti-hacking law.

At issue was whether or not hiQ Labs, a data analytics company, could continue to scrape publicly available data from LinkedIn, which is owned by Microsoft, even after the resumé website sent a cease-and-desist letter.

LinkedIn argued that, after receiving the cease-and-desist letter, hiQ Labs’s scraping was “unauthorized access”—the internet’s version of trespass—under the CFAA. HiQ Labs thought that, since the data it collected was public, its actions were legal. The appellate court sided with hiQ Labs.

Read more:http://www.abajournal.com/lawscribbler/article/scraping-a-public-website-isnt-a-crime?utm_source=salesforce_109039&utm_medium=email&utm_campaign=tech_monthly&utm_medium=email&utm_source=salesforce_109039&sc_sid=03789383&utm_campaign=&promo=&utm_content=&additional4=&additional5=&sfmc_j=109039&sfmc_s=52273157&sfmc_l=1528&sfmc_jb=288&sfmc_mid=100027443&sfmc_u=4292052

How to prepare yourself and your clients to respond to data breaches

BY James M. Davis AND Bradley H. Dlatt

Data breaches are everywhere, and they are expensive. In the first six months of 2019, there were more than 3,800 reported data breaches—a 54% increase from the same period last year—exposing more than 4.1 billion records. The average reported cost of a data breach for an American company is $8.2 million.

We work every day with individuals and businesses that face the real prospect of a network intrusion, a data breach or other cyber-related event that—if successful—comes with potentially staggering costs. Experts caution businesses to treat these attacks as inevitable. In addition to looking out for our clients, lawyers and law firms themselves need to be ready.

Last October, the ABA’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 483: “Lawyers’ Obligations After an Electronic Data Breach or Cyberattack,” which acknowledged that lawyers and law firms are a target for hackers and addressed many of the key concerns lawyers and law firms must consider when responding to a breach of their own systems. The steps in this article apply equally to your own practice.

As counselors and trusted advisers, it is our job to ensure that our clients, and our own law firms, take the necessary precautions to prepare for a possible cyber-related event.

Read more:http://www.abajournal.com/voice/article/how-you-and-your-clients-can-be-ready-for-and-respond-to-a-data-breach?utm_source=salesforce_109039&utm_medium=email&utm_campaign=tech_monthly&utm_medium=email&utm_source=salesforce_109039&sc_sid=03789383&utm_campaign=&promo=&utm_content=&additional4=&additional5=&sfmc_j=109039&sfmc_s=52273157&sfmc_l=1528&sfmc_jb=288&sfmc_mid=100027443&sfmc_u=4292055

Sex, Food and Dating—The (Other) News This Week

I know I should be poring over that whistleblower’s complaint. But instead, let me give you something that’s much more invigorating: news and gossip you definitely do not need.

By Vivia Chen 

I don’t know about you, but I am at a saturation point with news about our Dear Leader and his dealings with Ukraine. I know I should be poring over that whistleblower’s complaint, the details of Trump’s conversation with the Ukraine leader and the testimony of acting National Intelligence director Joseph Maguire (the latest contender for the weasel of the year award), but where would that take us? It’ll just get us all riled up, then depressed.

Instead, let me give you something that’s much more invigorating: news and gossip you definitely do not need. Here’s my People magazine edition of the happenings of the day:

Does your job cover you for death via sex? Now that we know our new labor secretary Eugene Scalia has a much more liberal attitude about sexual mores than his dad, I’ve been wondering if he’s ready to apply the French rule to sex on the job.

The New York Times reports: “A court in France has ruled that a man who died from a heart attack after having sex during a business trip had suffered a work-related accident and that his employer was liable.”

Read more:https://www.law.com/americanlawyer/2019/09/27/sex-food-and-dating-the-other-news-this-week/?kw=The%20Careerist:%20Sex%2C%20Food%20and%20Dating%26mdash%3BThe%20%28Other%29%20News%20This%20Week&utm_source=email&utm_medium=enl&utm_campaign=dailypaid&utm_content=20190930&utm_term=tal

Melinda Gates: Here’s Why I’m Committing $1 Billion to Promote Gender Equality

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By Melinda Gates

In 2018, there were more men named James running Fortune 500 companies than there were women. This year, only one CEO on that list of 500 is a woman of color. Women are 51 percent of the population but hold only 24 percent of the seats in Congress.

My reaction to facts like these is a complicated mix of outrage and optimism. I imagine I’m not alone. It’s frustrating—even heartbreaking—to confront evidence of the many ways our country continues to hold women back.

Then again, for most of our history, women’s absence from positions of power and influence wasn’t newsworthy; it was normal. The fact we’re now talking about these inequities is itself a sign of progress.

A window of opportunity has opened. Or, more accurately, it was painstakingly pried open by the hundreds of thousands of people who have joined marches across the country, the millions of women who summoned the courage to tell their #MeToo stories, the record number of women who ran for office in 2018 and won— and by the women who are working multiple jobs, caring for multiple loved ones, and proving you don’t have to protest or enter politics to challenge a system stacked against you. It wasn’t just grand gestures that got us here. It was daily acts of courage, too.

Read more: https://time.com/5690596/melinda-gates-empowering-women/