New Government statistics have revealed half of UK businesses suffered a cyber security breach or attack in the last 12 months; rising to two-thirds among medium sized businesses (66%) and large businesses (68%.)
In fact, the ‘Cyber Security Breaches Survey, 2017’ has claimed nearly 7 in 10 businesses have identified a breach on some level. Firms holding personal data are more likely to face an attack (51%); compared to 37% of business who do not hold personal data.
Rebootonline.com sought to discover what the most common attacks experienced by businesses are. Fraudulent emails (72%) was the highest, followed by viruses, spyware and malware (33%.) A further quarter suffered temporary loss of files, whilst one fifth had software or systems corrupted. 1 in 10 lost access to third party systems they rely on, and 1 in 10 had their website taken down or significantly slowed.
Subsequently, three in five (58%) businesses have sought information, advice or guidance on the cyber security threats facing their organisations over the past year.
Ciaran Martin, CEO of the National Cyber Security Centre adds: “Most successful cyber-attacks are not that sophisticated, but can cause serious commercial damage. By getting the basic defences right,
businesses of every size can protect their reputation, finances and operating capabilities.”
Per research carried out by PwC, 76% of UK CEO’s believe cyber risks to be a significant threat to business in 2017. Consequently, 97% of British CEO’s are currently addressing possible cyber breaches in their organisation; far higher than the global average figure of 90%.
The findings – based on a research sample of 1,379 global leaders, including 126 UK CEO’s – show UK leaders are significantly more concerned about cyber threats than many of their global peers (UK 76%; global 61%) who do not consider cyber security breaches to be a heightened threat to business.
Richard Home, UK cyber security partner at PwC comments: “Most business boards now recognise that cyber security is a complex risk that requires their attention. The most successful leaders will be those who define a comprehensive, broad approach to governing cyber security.”
Reboot Online Marketing looked to analyse exactly how much each UK industry is willing to spend on their cyber security measurements.
Over the past year, 67% of businesses have spent money on cyber security; which tends to be far higher among medium firms (87%) and large firms (91%.)
Sectors such as information, communications and utilities are spending the most on cyber security protection at a cost of £19,500. Finance and insurance come second with an investment of £9,650. At the end of the spectrum is hospitality and food, with a spend of just £620.
Interesting to note, that education, health and social care – has the 2nd lowest spend for cyber security (£1,810), which is concerning considering this industry is data heavy and must do more to safeguard personal data.
Reboot Online also considered the main reasons businesses choose to invest in cyber security, by selecting the top 10 responses made by 930 businesses across the UK.
Understandably, it seems businesses are most concerned with the protection of customer data (51%) and the loss of high-value assets, such as trade secrets, intellectual property and cash (28%.) The prevention of fraud or theft (17%) and the protection of reputation or brand (10%) were comparatively lower.
Areas of least concern were complying with laws and regulations (7%), the protection of staff and systems (4%) and improving overall efficiency of the business (4%), indicating a definite disparity between business factors and how much each means to – or may cost – a company to rectify.
(Source: Rebootonline.com)
How many different ways are there to qualify to immigrate to the US, and how many immigrants live in the country? We explain the different types of immigrants, whether they're coming for family or to work, refugees, investors, or visa lottery winners.
We also help you understand how many immigrants there are total in the country, both legal and illegal, how many are working, and how many permanent residents there are in America with green cards. Finally, we'll explain how many visitors the U.S. sees in a year and why they can come.
Police commissioner Cressida Dick has this morning said: “London has woken up to the news of another appalling attack on our city.
“There is now an ongoing investigation by our Counter Terrorism Command to establish why this attack was carried out.
“London is a city of many faiths and many nationalities. An attack on one community is an attack on all of us.
“Terrorists will not succeed in their attempts to divide us and make us live in fear.”
(Source: The Sun)
Chalk Girl: a protester at the heart of Hong Kong’s democracy movement. Two years since her arrest made her an accidental hero of the pro-democracy umbrella movement, the 16-year-old must decide whether to rejoin the battle alongside the 'localist' youth. As elections loom, Chalk Girl is torn between wanting to respect her family, who are concerned about the risks of her activism, and standing up to Chinese interference. Young localists see themselves as being in a fight to save their beloved city, and in the middle of it all, Chalk Girl is just a teenager wanting to feel part of something bigger.
In 2014, as a 14-year-old schoolgirl, she was arrested for drawing a chalk flower on a wall where thousands of people created protest artworks. It was the end of the umbrella revolution, in which tens of thousands of people occupied parts of downtown Hong Kong. She was detained and removed from her father's care, and only released when international outrage began to cause embarrassment. Because she was underage, her face was obscured in the press, but a cartoon form of her image became synonymous with the fight for democracy. The world came to know her as Chalk Girl.
Now 16, she remains masked and scarred from the damage done to her and her family, but her generation of 'umbrella soldiers' faces a new fight. Trouble is brewing as Hong Kong gears up for the first elections since the protests, and these young people are moving away from frontline street battles to stand in mainstream politics. Government suppression has caused youth anger to grow and inspired the creation of the localist movement – groups determined to defend Hong Kong’s culture and autonomy from the creeping dominance of mainland China.
What does it mean to be an accidental hero and a teenage girl at the heart of Hong Kong’s movement for autonomy, as the city’s youth mobilise to challenge China’s influence on the territory?
Commissioned by the Guardian and Bertha Foundation
While social media sites and mobile devices offer expanded communication and flexible work options, they are also causing a spike in litigation. More than half (52%) of lawyers recently interviewed by Robert Half Legal said they've seen an increase in lawsuits linked to images or information found on social media and mobile devices. And more than one-quarter (27%) of respondents reported a rise in cases related to data on personal mobile devices that employees used for work purposes.
The survey was developed by Robert Half Legal, conducted by an independent research firm and is based on 200 telephone interviews with lawyers among the largest law firms and companies in the United States.
Lawyers were asked, "In the last two years, have you seen an increase or decrease in litigation or eDiscovery matters that are related to images or information that appeared in social media and mobile devices?" Their responses:
| Significant increase | 18% |
| Slight increase | 34% |
| Neither an increase nor a decrease | 40% |
| Slight decrease | 1% |
| Significant decrease | 0% |
| Don't know | 7% |
| 100% |
Lawyers were also asked, "In the last two years, have you seen an increase or decrease in litigation or eDiscovery matters that are related to images or information contained on personal mobile devices that your employees use for work purposes?" Their responses:*
| Significant increase | 8% |
| Slight increase | 19% |
| Neither an increase nor a decrease | 61% |
| Slight decrease | 1% |
| Significant decrease | 0% |
| Don't know/no answer | 12% |
| 101% |
*Responses do not total 100% due to rounding.
"With millions of people sharing details about their personal lives and professional activities online, data stored on social media networks and mobile devices are increasingly relevant to litigation," said Charles Volkert, senior district president of Robert Half Legal. "Electronic evidence retrieved during discovery, including emails, tweets, text messages and photos, as well as GPS and web browsing history, is often enough to make or break a case."
Volkert added that as employees increasingly use personal laptops, smartphones and tablets for work-related matters, there are inherent risks to the organization. "Policies regulating the use of mobile devices and social media are an essential component of a corporate security and reputation management program. Guidelines should be regularly reviewed and communicated to employees to protect confidential information and guard against data leaks and cyber threats," he said.
(Source: Robert Half Legal)
The European Council and European parliament recently gave their approval to a new EU Shareholder Rights Directive (SRD II) which will have a significant impact on rights and responsibilities of investors in the European market. This Directive will likely result in significant changes to shortcomings in corporate governance and will encourage long term and active engagement by shareholders.
So what do organisations need to understand about this new directive and what changes are needed? Bram Hendricks, Client Relations Manager, Europe for Kessler Topaz Meltzer & Check tells Lawyer Monthly everything you need to know and then some.
The financial crisis had revealed that significant weaknesses in corporate governance of financial institutions played a role in the crisis. In particular, there is a perceived lack of shareholder interest in holding management accountable for their decisions and actions, compounded by the observation that many shareholders appear to hold their shares for only a short period of time. It was therefore that the European Commission in April 2014 presented a proposal for the revision of the Shareholder Rights Directive.
Shareholder Rights Directive: What’s in it?
The new rules establish rights and requirements for shareholders and companies, as well as other actors in the investing chain, including proxy advisors in the following ways:
Related party transactions
Transactions with related parties may cause prejudice to companies and their shareholders as they may give the related party the opportunity to appropriate value belonging to the company (to the detriment of other shareholders). The Directive provides that material-related party transactions are subject to a vote by the shareholders or the board of directors in order to protect the interests of the company. Companies should also publicly announce material transactions and provide sufficient information to give other shareholders and creditors the opportunity to assess the fairness of the transaction. Precise identification of the related party is among others necessary to better assess the risks implied by the transaction and to challenge this transaction, including through legal action. The Directive does not provide a definition of material related party transactions and therefore leaves it up to the Member States to define which transactions are subject to the provisions.
Vote on executive remuneration
In order to ensure that shareholders have an effective say on the remuneration policy, they should be granted the right to hold a binding or advisory vote on it. Based on the provisions in the Directive, shareholders will be able to express their view twice. First they will vote ex ante on the remuneration policy, which lays down the framework within which remuneration can be awarded. The vote on the remuneration policy will in principle be binding, which means that companies are only able to pay remuneration on the basis of the policy approved by shareholders. The remuneration policy should contribute to the business strategy, long-term interests and sustainability of the company and should not be linked entirely or mainly to short-term performance objectives.
To ensure that the implementation of the remuneration policy is in line with the policy, shareholders are granted with an advisory vote on the company’s remuneration report. In case a majority of the shareholders vote against a company’s remuneration report in a given year, the company should explain in its next remuneration report how the vote of the shareholder has been taken into account. Member States will also have the possibility to replace the advisory vote by a discussion at the general meeting.
Additional disclosure requirements European based institutional investors and asset managers will become subject to additional disclosure requirements. Under the new rules they will be required, on a comply or explain basis, to develop and disclose a policy on how they intend to engage with investee companies. The policy on shareholder engagement should describe among others how institutional investors and asset managers integrate shareholder engagement in their investment strategy. They are also expected to disclose information about the implementation of their engagement policy. This should also include information about how they have exercised their voting rights. Institutional investors should also annually disclose to the public how the main elements of their equity investment strategy are consistent with the profile and duration of their liabilities.
The Directive also touches on the relation between the asset manager and its institutional investor client. Asset managers should give proper information to institutional investors, in order to allow the latter to assess whether the manager acts in its best long-term interests. According to the Directive this information includes corporate governance matters, as well as other medium-to-long-term portfolio risks. Asset managers should also disclose to institutional investor clients information about portfolio turnover, portfolio turnover costs and their policy on securities lending. At the same time institutional investors should disclose to the public certain key elements of their arrangements with asset managers e.g. how asset managers are incentivised to align their investment strategy and decisions with the profile and duration of the liabilities of the institutional investors.
Shareholder identification
In the Directive a provision is introduced that listed companies should have the right to identify their shareholders in order to be able to directly communicate with them. Intermediaries should have an obligation to communicate to the company, at their request, the information regarding shareholder identity. This also applies to intermediaries outside of the EU, which provide services with respect to shares of companies that have their registered office in an EU Member State and whose shares are admitted to trading on a regulated market in the European Union. As a result of this provision in the Directive it becomes easier for companies to pro-actively engage with its shareholders.
Vote confirmation
As part of their stewardship responsibilities many institutional investors make use of their voting rights at shareholder meetings of investee companies worldwide. Electronic proxy voting is the principal means by which most shareholders exercise their voting rights. The voting chain is long and complex. The Directive recognizes that it is important for shareholders to know whether their votes have been correctly taken into account. Therefore the provision is introduced that a confirmation of receipt of votes should be provided in case of electronic voting. Also shareholders who cast a vote in a general meeting should have the possibility to verify after the general meeting whether the vote has been validly recorder and counted.
The proposed EU Shareholder Rights Directive has the objective to overcome certain corporate governance short comings in European listed companies and to encourage a more long-term oriented investment process and active engagement by institutional investors and asset managers. This should contribute to the long term sustainability of listed companies based in the European Union (‘EU’) and to enhance the growth, job creation and competitiveness of the European economy.
Efficiency is vital when working on multiple legal cases, and the last thing you need when you’re busy is to be slowed down by your computer. For young professionals just entering the industry, you’ll be wanting to get a head start and get stuck in with casework, however if you’re being hindered by your computer, this can be frustrating. Jonathan Weech, Sr. Product Line Manager at Crucial lists 7 ways you can improve the health of your computer device.
Most people can relate to the feeling that you only get when waiting on slow technology. A recent study by Crucial.com found that the average Brits’ patience with slow technology lasts 60 seconds before we start to get irritated. Among the top things that cause people most grief are frozen (47%) and slow computers (40%).
Anyone that works with a computer has at some point had to deal with it slowing down. It’s a familiar problem, but how can young law professionals solve it? We’ve outlined some practical tips to speed up a slow PC and improve the reliability of computers, to ensure technology doesn’t hold you back.
When you work with a new PC, you expect it to arrive with a clean slate. However, they sometimes feature software that can clog you up. If you find programmes installed that you’ve never used before this could be bloatware, which can slow down your system and take up storage space. You can uninstall this via the control panel. Also ensure that you regularly update your essential software to address security glitches and improve performance.
Your browser tends to hold on to everything you do online. Cookies are helpful, storing usernames and passwords from websites, but they can also cause problems on your PC. The cache is used by internet browsers to speed up page loading, but this process saves itself down as a file on your computer. This folder will build up over time and will eventually slow down your computer. The best thing to do is to clear all your browsing data, cache and cookies in your settings regularly to prevent this from happening.
You should run antivirus programmes regularly to check for viruses and other malware, as they will significantly slow down your computer and can lead to security faults. Make sure your antivirus software is always up to date, schedule regular scans, and only have one version installed as two can slow you down.
One of the reasons why some PCs take so long to boot up is the number of applications running when your computer is turning on. You can easily disable programmes you don’t need on start-up using Task Manager on Windows 8 and Windows 10, which identifies programmes that have a high impact on start-up and can be disabled. For older versions of Windows, you’ll need to search for MSConfig and make the change within the System Configuration tool.
Hard drives have spinning parts which have data stored on them. As this data builds, the hard drive can become overloaded and ultimately slows down the performance of your computer. Most operating systems have a disk defragmentation programme that easily allows you to boost the efficiency of your PC by reorganising your data so that your computer performs better.
Almost everything your computer does (turning on, moving the mouse, opening and running Word, typing, and more) requires the use of memory. Older computers struggle to keep up, but a memory refresh can perk it back up to its old self. Installing memory might seem intimidating – but no computer skills are necessary and it’s as simple as replacing the batteries in your TV remote.
Slow, outdated technology not only wastes time and money but it can be incredibly frustrating. Unlike regular hard drives, solid state drives (SSDs) have no moving parts. Replacing an old hard drive with an SSD enables near-instant load and boot times, so your computer can power on and immediately load apps – enabling you to get more done.
Some SSDs can also protect you from accidental data loss, which can happen to anyone at any time. You can lose more than just a valuable laptop, with criminals able to access personal information such as email logins, passwords, personal records, or in the case of a legal professional, confidential case information. Installing an SSD can be an efficient way of reinforcing data security, as some SSDs come with government grade encryption technology which, once enabled, protects every file stored on your computer in the case of accidental loss.
There’s plenty you can do to avoid being slowed down by your PC when working, and the last thing you want to happen is for your computer to freeze when you’re doing something important. So when things do slow down, consider trying the above tips to give your PC a refresh.
Following on with Lawyer Monthly’s new series dedicated to law school, recruitment and careers, Jayne Harrison, Partner and head of employment law at Cleggs Solicitors, gives her top three tips on how to specialise in employment law.
These days it is very unusual to be an all-round lawyer as there are so many changes in case law that practitioners cannot keep up with every area. Therefore, choosing a specialism is very important and will forge your future career path.
My top three tips that I always recommend to students and graduates are to ensure employment law is the right fit for you, get some training and don’t underestimate the value of experience.
Make sure when you’re thinking about specialising in employment law that you are actually interested in the area. It sounds like common sense but employment law is a fast-paced area of the law and cases are often very time sensitive and need to be sorted as fast as possible. If a client has an issue they usually don’t have time to waste. As a result, two of the key skills needed to practice employment law are keeping calm under pressure, as there are tight deadlines involved and good communication skills because dealing with stressed clients is a large part of the job. You will be speaking with a range of people from fellow employment lawyers who understand the legal vocabulary to business people who don’t have specialist knowledge and just want the job done. I personally chose employment because of the variety of work, the nature of the litigation and the opportunity to experience both contentious and non-contentious work. Employment is also a very relatable and a human part of the law that nearly everyone has some experience of.
The time that you spend investing in training will fundamentally prepare you for qualification into employment law and as part of your employment training seat I would highly recommend finding as many opportunities as possible to learn. One of the most valuable experiences I had as part of my training seat was to shadow a tribunal judge. I visited countless hearings and asked lots of questions to gather inside knowledge from someone with years of experience - all of which were invaluable when thinking about qualifying into employment law. This experience definitely contributed to my interest in tribunal advocacy and influenced the direction of my career. Shadowing a judge obviously gives a fantastic insight into the mechanisms of tribunals and how cases are decided. Finding anyone with a wealth of experience in employment law to shadow for a few days is a fantastic way to gain inside knowledge and further cement the areas you enjoy most. Also some tribunal hearing centres offer a judiciary shadowing programme so that students can get experience of their local tribunal.
The most valuable piece of advice I can offer is to get as much experience as you can. I would recommend sitting in as many tribunal hearings as possible as they are great exposure to employment law in action. The experience of sitting in the tribunal room understanding the process of a tribunal, what questions are regularly asked, what the panel looks like etc. will not only help confirm your interest in employment law but also provide invaluable knowledge when qualified. As most tribunal cases are public hearing then you just need to ring your local tribunal to see if there is a case in the list that you can go and observe.
You can’t teach experience and putting in the time to research all aspects of employment law, seeking out training opportunities and grabbing any learning experience with both hands will put you in a much stronger position when you qualify and become a fully-fledged employment lawyer.
Small and medium sized legal firms both understand the importance of the use of AI (artificial intelligence), regard it as an opportunity to be embraced, and do not feel threatened by its impact on their business model, says Clayton Legal, after conducting qualitative research into this area.
Lynn Sedgwick, Managing Director, of legal recruiters Clayton Legal, says: “Within larger law firms, the uptake of AI has been a recurrent theme. This may be due to the perception that larger firms have access to the money to finance its development and use, their appetite to risk is greater and the infrastructure they already have in place allows them to develop their use of AI. As the increased use of AI begins to take shape so the larger firms enjoy being early adopters of new technologies, but as the research shows, small and medium sized firms don’t wish to miss out.”
One of the respondents to Clayton Legal’s research project, Andrew Kwan, Solicitor Advocate at Clear Law, describes his firm as “…highly technological…” He sees its approach as allowing “…us some advantages including being agile within a changing legal market. Therefore, I can see the utilisation of AI as being an opportunity to deliver greater value to clients, both individuals and businesses, by removing some of the administrative elements of the process.”
But apparently, it’s not just senior people who think this way. One of Kwan’s colleagues, at Clear Law, trainee, Miriam Khan, makes the point that AI and the human skill sets should complement each other rather than take opposing sides, as she says: “The profound purpose of AI is to save the need for time, cost and energy on manual labour and increase efficiency. Why do a job that a computer can do for you?”
Lynn Sedgwick comments: “While firms such as Linklaters and Clifford Chance have moved to use AI in several different areas, this is very much about driving efficiencies, rather than eradicating jobs. The smaller practices that we spoke to are also hoping to generate higher fees and ensure that processes that can be and will be outsourced to machines.”
“For employers, this has huge benefits but it also offers their people more interesting work, making the workplace a more satisfying place to be in, in a marketplace where retention is key. For legal professionals at all levels, the introduction of AI represents an opportunity to develop new skills, and for those who are open to change, to increase their value in the marketplace. The interpersonal and technological skills required to adapt to the new AI infused working environment are likely to bring benefits to all that choose to engage with them.”
Lynn concludes: “The human element can’t, at least yet, be replaced by a robot. Andrew Kwan really sums it up when he says: ‘I do not see AI removing the elements where you are a compassionate human. You can’t remove this from a process and expect a great result for your client.”
(Source: Clayton Legal)
As the Conservative Party, propped up with voting support from Northern Ireland’s DUP, press on with the business of government, employers and HR professionals will be wondering what lies ahead and what changes are likely to impact on them, says Andrew Masters, a Partner and Head of Employment at leading South-East law firm Furley Page.
The challenging political situation means uncertainty for employers as the minority Government juggles with implementing new domestic legislation, while also embroiled in Brexit talks. Andrew presents a summary of some of the emerging employment issues.
EU rights guaranteed post-Brexit
The Government confirmed in the Brexit White Paper in February 2017 that it will introduce The Great Repeal Bill. This will apply from the point the UK leaves the EU and will repeal the European Communities Act 1972 and make all existing legislation currently derived from the EU freestanding as domestic law. This is a holding measure with current EU-derived rights being cut and pasted into domestic law until a decision is made whether to retain, amend or abolish them.
The direction of travel for the short to medium term suggests protection of EU-derived employment rights following Brexit with some possible enhanced rights for workers. It’s clear that securing the status of, and providing certainty to, EU nationals already in the UK and to UK nationals in the EU, is an early priority for the Brexit talks.
Employment status and the gig economy
A review is considering the extent to which modern business practices and the growth of non-standard forms of employment mean that individuals lose out on key employment rights, and whether the current definitions of employment status need to be updated to reflect new forms of working. This holds out the prospect of rights being extended to the self-employed (including workers in the ‘gig economy’) and those on zero-hours contracts.
National Living Wage
The National Living Wage applies to workers aged 25 and over (currently £7.50ph). The Government pledged to continue to increase it in line with the current target, which is for the rate to reach 60% of median earnings by 2020 and then by the rate of median earnings.
Worker representation on boards
The Conservative manifesto confirmed the intention to put workers on the boards of publicly listed companies (not privately owned businesses). Listed companies would nominate a board director from the workforce, or create a formal employee advisory council, or assign specific responsibility for employee representation to a non-executive director. By giving options to listed companies, the concept of workers appointed to the board has been watered down as many will adopt the second or third option, which is likely to reduce the effectiveness of the measure.
Employees will be given unspecified additional rights to information about the future direction of listed companies. There are also moves to curb executive pay by making executive pay packages subject to annual votes by shareholders.
Right to time off to care for sick relatives
A new statutory right to unpaid time off would be available for workers whose family members require full-time care. This would allow workers to take between 13 and 52 weeks off work, while retaining their employment rights and allowing a return to the same job at the end of the period. At present, the statutory right to time off for dependants only allows employees to take short periods of time off to deal with emergencies, or unexpected incidents. The right does not currently extend to the provision of longer-term care. It is also proposed that there be a new right to child bereavement leave.
Closing the gender pay gap and the ‘race gap’
The Government intends to extend the remit of mandatory gender pay reporting following the implementation in April 2017 of gender pay reporting for employers with 250-plus staff. This proposal may require larger employers to publish additional data on the pay gap between men and women. It is also proposed that larger employers publish information on pay for people from different ethnic backgrounds as part of a plan to tackle the ‘race gap’.
Additional measures proposed
There will be a right to request unpaid leave for training for all employees irrespective of the size of the business. However, the only obligation on employers would be to ‘consider’ such applications. There will be an extension of the Equality Act 2010 to provide more protection for those with intermittent mental health conditions, such as depression and anxiety.
There are measures to protect workers’ pensions by giving new rules to the Pensions Regulator to prevent ‘irresponsible behaviour’. Powers will be given to review the implication for pension funds of takeover proposals and to impose additional fines.
There will be ‘returnships’ following a return to the workplace after taking time out to look after children or to support an elderly relative, designed to make it easier to get back into the workplace. It is also proposed to introduce 30 hours of free childcare for working parents of 3 and 4 year olds.
Andrew says: “There is limited detail on many of these proposals. Notwithstanding Theresa May’s pledge to increase workers’ rights, there’s also no commitment to reverse the decision to implement fees at the Employment Tribunal, which has led to a reduced number of claims being brought, making it harder for workers to enforce legal rights.
“The prevailing political situation, including the lack of a parliamentary majority and the pressure of the Brexit talks, does leave employment law developments hanging in the air, raising significant questions as to which proposals from its manifesto the Government will be able to implement. We will need to follow developments very closely,” he adds.
(Source: Furley Page)