November 21, 2016 nº 1,814 - Vol. 13

"Opportunity is not always at an opportune time."

Diane Hendricks

Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

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  • Top News

Law's challenges are global. A broader perspective would help solve them

Lawyers are confronted with several common challenges — legal education and new skill sets, access to justice, technology and globalization yielding automation and labor arbitrage, the 'gig economy', ethical challenges, and new models of legal delivery. These issues transcend geography or regulations. They are global challenges whose solution demands a broader perspective. The legal profession is territorial. Regulation has focused on protecting lawyers from outside competition rather than serving the public. That no longer works for a number of reasons, not least of which is that IT and globalization have created profound changes in the way people work. This is not a national phenomenon; it is global. And if you doubt that, consider 'Brexit', the recent US election, and the rise of populism across the globe. The collision of globalization and a xenophobic form of nationalism by the displaced wanting to 'turn the clock back' is creating instability. Add that to the list of common challenges confronting the legal profession – it must protect and preserve the rule of law. That too requires a global perspective. What, then, can the legal profession do to address its big challenges? Short answer: see what works across the globe and adapt it; focus on solutions, not regulatory barriers; and collaborate with technologists, process experts, and other 'non-lawyers' to identify and implement more accessible, efficient, and cost effective ways to deliver legal services. Here are some suggested areas of focus. Legal education must be better aligned with student and market needs. This involves two key components for legal training: (1) acquiring new skills necessary to function successfully in the marketplace – whether as a young graduate or as a seasoned lawyer; and (2) gaining practical experience in advance of market entry. Knowledge of the law is no longer the sole requisite for attorneys; they must also be conversant in how technology and process affect its efficient delivery. These new skill sets must be integrated into legal education. Lawyers must also develop their social skills and learn to work collaboratively - with their peers as well as with other professionals and paraprofessionals. Clients expect solutions to their problems that often require input from a multidisciplinary team of professionals – tax, finance, technological, regulatory, etc. Doctors serve as model; they collaborate with technicians, paraprofessionals, and other specialists to render health care services. Law students, likewise, must acquire practical skills to be more 'practice ready' when they hit the marketplace.

Colombia congress to debate proposed peace deal

Colombian President Juan Manuel Santos said Friday that congress will debate the proposed peace deal with the Revolutionary Armed Forces of Colombia before it becomes law. The announcement was made during a broadcast of the Organization of American States as they voted to support the Colombian president's push to bring peace to the country by passing a resolution. Santos reiterated the promise on his Twitter feed, stating the debate in congress would occur on Wednesday. He later linked to an op-ed, which argued the congressional debate is the best way to implement the peace deal, even though it not was not the way originally planned. The debate was spurred to action due the ceasefire between the parties being contingent on the peace deal, which has been called into question after two FARC rebels were recently killed.

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  • MiMIC Journal

China's influence grows in ashes of Trans-Pacific Trade Pact

Countries around the Asia-Pacific rim are shifting allegiances as a China-led trade deal excluding the United States gains momentum.

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  • Brief News

UK Supreme Court allows Scotland and Wales to enter Brexit lawsuit

The UK Supreme Court confirmed on Friday that Scotland and Wales may intervene in an upcoming hearing that will determine whether Prime Minister Theresa May has the power to take the UK out of the EU without a parliamentary vote. Earlier this month the High Court ruled that Article 50 of the Lisbon Treaty, which allows for the UK's exit from the EU, can only be triggered by a vote of the British Parliament. The UK government immediately appealed the decision to the Supreme Court, with Scotland and Wales demanding intervention soon after. While the two countries had their lawyers attend the previous hearing, they will now be allowed to argue how triggering Article 50 without their parliaments' consent will infringe upon their governments' rights and powers. The UK government continues to argue that it has exclusive control over foreign affairs and legal treaties. The three parties will argue their stances at the hearing scheduled for early December. (Click here)

Turkey: Thousands protest against proposed child sex law

Thousands have protested in Istanbul in Turkey against a bill that would let off men who assaulted underage girls if they marry their victims. The government insists the legislation is aimed at dealing with the widespread custom of child marriage, but critics say that it will legitimize child rape. Protesters clapped and chanted: "We will not shut up. We will not obey. Withdraw the bill immediately!" The law would allow the release of men who assaulted a minor without "force, threat, or any other restriction on consent" and married the victim.

Obama offers Trump advice on conflicts of interest

Obama said he advised Trump to secure a strong White House counsel to avoid any possible conflicts of interest generated by the president-elect’s global business interests.

Zika virus 'no longer an emergency'

The mosquito-borne Zika virus will no longer be treated as an international medical emergency, the World Health Organization (WHO) has declared. By lifting its nine-month-old declaration, the UN's health agency is acknowledging that Zika is here to stay. The infection has been linked to severe birth defects in almost 30 countries. These include microcephaly, where babies are born with abnormally small heads and restricted brain development.

Asia leaders defend trade deals despite Trump stance

Asia-Pacific leaders have said they will pursue free trade deals despite Donald Trump's US election victory. During the campaign, Trump called for greater protection for US jobs and said he would tear up the Trans-Pacific Partnership - the biggest multinational trade deal in years. But after a two-day summit in Peru, leaders defended the benefits of open markets. China also claimed growing support for a wider 21-nation trade deal it backs.

Facebook details plans to combat fake news

Facebook founder Mark Zuckerberg has outlined plans for how he hopes to combat fake news on the site. Facebook became mired in controversy after some users complained fake news changed the outcome of the US election. Zuckerberg posted details of several projects to "take misinformation seriously", including methods for stronger detection and verification. He previously responded to criticism of fake news on Facebook by saying over 99% of its content was "authentic". Some people write fake news that gets shared on Facebook. Zuckerberg said the problems were "complex, both technically and philosophically." He noted Facebook did not want to discourage the sharing of opinions or become "arbiters of truth".

Supreme Court lets antitrust suit over ATM fees continue

The US Supreme Court published an order on Thursday stating that it would no longer hear the appeal in two antitrust suits against Visa, Mastercard and several banks concerning ATM fees. The suit alleges that the defendants, credit card companies and banks, have conspired to keep the ATM charges high, hurting consumer and ensuring that independent ATM operators can not set lower ATM fees. The lawsuit was originally dismissed by the district court on the basis that the plaintiffs, consumers and independent ATM operators, lacked standing to sue.

Bitcoin users who evade taxes are sought by the I.R.S.

The I.R.S. has asked Coinbase, the largest Bitcoin exchange in the United States, for the records of customers who bought virtual currency from 2013 to 2015.

The firm that starts work at 9.06 AM

There aren't many companies that insist staff start work every day at such an oddly specific time as Pivotal Software. Employees at the US firm's 20 global offices all have to be at work and ready to go at exactly 9.06 AM. At that precise time a cowbell is rung, or a gong is hit, and all workers gather for a brief stand-up meeting that lasts for between five and 10 minutes. Then the firm's programmers hit their computers, with no other meetings or distractions for the rest of the day.

Volkswagen plans 30,000 job cuts worldwide

Volkswagen has announced plans to cut 30,000 jobs worldwide with about 23,000 of the losses borne in Germany. VW, still dealing with the aftermath of the emissions-cheating scandal, aims to rejuvenate its core brand, and develop new electric and self-driving cars. VW says it will create 9,000 jobs as part of investments in new products. The cuts should bring annual savings of €3.7bn ($3.92bn) by 2020. VW and unions have been hammering out a plan to revive its fortunes since June. Volkswagen chief executive, Matthias Mueller, said it was "the biggest modernization program in the history of the group's core brand".

As more States legalize marijuana, investors and marketers line up

The fledgling legal market for marijuana is around $7 billion, and the recent passage of legalization measures in eight states has sparked a surge of interest from investors in an expanding industry.

South Korea president to be investigated after 3 indicted in corruption scandal

South Korean prosecutors said Sunday that President Park Geun-hye will be investigated "as a suspect" in a political corruption scandal, after three individuals with ties to Park were indicted on corruption charges.

Italy's banks are in a slow-motion crisis. And Europe may pay

Squeezed by bad loans, Italian lenders are starving a weak economy of capital, which may keep the rest of Europe from regaining its economic vigor.

  • Weekly Magazine Review

Time
Most Influential Photos

Newsweek
Europe's Darkening Hour? Populist Movement Smacks Of Fascist Past

Business Week
The Sunny Side of Trump

The Economist
America's new president: The Trump era

Der Spiegel
Obama Erbe oder bedrohte Demokratie

L'Espresso
Trump vs. Europe

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