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« March 2008 | Main | May 2008 »

April 26, 2008

KPMG Out $80 Million

                             Xerox and KPMG Settle

KPMG LLP, a co-defendant with Xerox and certain executives,  agreed to pay $80 million (USD) to litigants of a class action suit. This is an old case that dates back to 2000 but is just now being settled. To read more on this, see:

http://www.webcpa.com/article.cfm?articleid=27255 for a quick recap on the story

http://securities.stanford.edu/news-archive/2005/20050815_Dismissal100819_Writer.html for a quick summation of a 2005 order involving this case. It's worthwhile as it describes the original complaint in some detail

http://www.gilardi.com/pdf/xerx1preord.pdf for the court document

http://www.businesswire.com/portal/site/home/email/headlines/?ndmViewId=news_view&newsLang=en&div=-436697347&newsId=20080425005003  for press release about the settlement

http://www.gilardi.com/xeroxsettlement/ for the settlement firm page

April 18, 2008

Fascinating Comments on Public Accounting and KPMG

                      Lots of Feedback re: New Century/KPMG Report

If you didn't see this NY Times column, please check the extensive comments posted at: http://norris.blogs.nytimes.com/2008/03/26/when-auditors-cave/?hp  regarding the New Century audit by KPMG. Apparently, a lot of Times readers posited their thoughts about this situation. A very interesting read.

April 08, 2008

Would You Want Your Client Work on the Internet?

                150,000 Pages of McKinsey Documents Online

Allstate this weekend made approximately 150,000 pages of project documents that McKinsey & Co. helped produce for them in the late 1990s. McKinsey was apparently hired to help them review their claims processes and reduce total claims expenses. You can view these documents at: http://media.allstate.com/categories/53/releases/4391

Allstate faced criticism for using these new claims practices and litigators have tried to force public disclosure of these documents for the last several years. Allstate, correctly, resisted these efforts as the intellectual property within them was partly or wholly owned by McKinsey. In other words, Allstate may not have had the right to disclose them.

Be forewarned, 150,000 pages of PowerPoint slides is a lot to review. Certainly, I like to look over the work of consultants to see new ideas, new approaches, etc. but 150,000 pages is clearly overkill. Years ago, I met a Big 8 partner who billed based on how thick the executive presentation was. Back then, he thought $100,000 per inch was appropriate. The mind boggles to think of what McKinsey billed Allstate for this. Moreover, I've never seen a project that produced 150,000 pages of original content.

This event creates a new precedent in professional services. The bigger issues for service providers in this are:

  • Are your working papers, proposals, reports, etc. really yours?
  • Would you let your work products be posted by a client on the Internet?
  • Could you prevent public disclosure of these products online by a client? Could you keep these products from becoming legal documents in litigation? Can they be kept from public records or court filings?
  • Would competitors benefit from seeing your work products?
  • Can your firm charge a client more (substantially more?) if they disclose these products publicly?
  • Are all of your documents trademarked, copyrighted or otherwise protected?
  • Do you need to separate your work products into distinct groupings so that only the least differentiating documents could be released publicly?

Ideas are the currency of consultants (well, maybe the perfect currency is airline miles but I digress). When others take advantage of your ideas, they devalue your intellectual assets. If competitors steal your ideas, it's theft. If you let them gain access to these ideas willingly, it's stupidity.

Your ideas and intellectual property should remain yours. Protect them.

April 07, 2008

Good News for Smart Students - Caution to Employers

                          The Offshore Workforce - Latest News

Wachovia Capital Markets, LLC, produces a greatly weekly report on the service sector titled: "Wachovia's Weekly IT/BPO Service Monitor". Last Friday's report had this nugget on page 4:

"US Senators Durbin (D) and Grassley (R) sent letters on April 1st to the top 25 recipients of approved H-1B visa petitions in 2007 requesting detailed information on their use of visas (up to five years). The letters were sent to determine if the visas are being used for their intended purpose - to fill a worker shortage for a temporary time period. The 25 firms accounted for almost 20,000 of the 65,000 annual H-1B visas available. The timing of the letters coincides with the deadline for filing H-1B visa applications for the federal government’s FY09 (Sept.).

The letter was sent to the following companies: Infosys Technologies Ltd., Wipro Limited, Satyam Computer Services Ltd., Cognizant Tech Solutions, Microsoft Corporation, Tata Consultancy Services Ltd., Patni Computer Systems Inc., US Technology Resources LLC, I-Flex Solutions Inc., Intel Corporation, Accenture LLP, Cisco Systems Inc., Ernst & Young LLP, Larsen & Toubro Infotech Ltd., Deloitte & Touche LLP, Google Inc., Mphasis Corporation, University of Illinois at Chicago, American Unit Inc., Jsmn International Inc., Objectwin Technology Inc., Deloitte Consulting, Prince Georges County Public Schools, JPMorgan Chase and Co., and Motorola Inc."

When politicians send out information gathering letters, you can bet there's a tacit and a sub rosa context behind these. The tacit purpose behind these letters may be to identify how the H-1B program is working in practice. The unmentioned purpose may be to collect information that points to either a need for change, a call for reform or a means to whip public frenzy into a firestorm to the political advantage of someone other than the letter recipient. I would caution those receiving these letters to word their responses carefully and tread cautiously. Also, these firms should realize that if even one careless firm admits to a politically explosive practice, even a naive or innocent one, they could effectively tar the reputations of other firms also responding to this letter. Again, I'd be very careful with this one.

On a different note, the Department of Homeland Security has changed the rules for the number of months (now 17) a person with a student visa (F-1) and scarce skills can remain in the US while seeking employment. Please see this DHS announcement for full details: http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm