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This paper aims to assist investigators and attorneys addressing the legal aspects of cyber incidents, and allow them to determine the legality of a response to cyber attacks by using the Worldwide web securely.

Develop a decision support legal whiteboard that graphically constructs legal arguments as a decision tree. The tree is constructed using a tree of questions and appending legal documents to substantiate the answers that are known to hold in anticipated legal challenges.

The tool allows participating group of attorneys to meet in cyberspace in real time and construct a legal argument graphically by using a decision tree. They can construct sub‐parts of the tree from their own legal domains. Because diverse legal domains use different nomenclatures, this tool provides the user the capability to index and search legal documents using a complex international legal ontology that goes beyond the traditional LexisNexis‐like legal databases. This ontology itself can be created using the tool from distributed locations.

This tool has been fine‐tuned through numerous interviews with attorneys teaching and practicing in the area of cyber crime, cyber espionage, and military operations in cyberspace. It can be used to guide forensic experts and law enforcement personnel during their active responses and off‐line examinations.

Legal reference has gone public. Ten years ago, tables of cases, Supreme Court digests and legal encyclopedias were confined to an esoteric circle of law libraries. Today, in the wake of activism, consumerism and sunshine laws, the public at large has demanded and received legal reference tools hither‐to unheard of in the public libraries and general academic collections.

Service outsourcing/offshoring represents an increasing phenomenon. Several factors (e.g. cost reduction, flexibility, access to new technologies and skills, access to new markets, focus on core activities) motivate the location of (IT or business) processes abroad and/or out of the companies' boundaries. This choice determines also relevant risks. Knowledge and data protection constitutes one of the most relevant issues in service outsourcing/offshoring because it can strongly affect the success of these projects. The purpose of this paper is to propose an assessment framework that highlights the main risks of offshoring and outsourcing projects.

Building on the model developed by Monczka et al. (2005), this work proposes a FMEA assessment framework that highlights the main risks of offshoring and outsourcing projects, their causes, effects and some possible (preventing/correcting) actions. The proposed framework has been implemented and tested in a multinational company for a long time involved in service offshoring/outsourcing projects.

Adopting a failure mode and effect analysis (FMEA) approach, the study describes the main possible failures, their causes, effects and possible (preventive and corrective) actions, along all of the phases of typical outsourcing/offshoring projects.

The paper develops an assessment framework able to identify the security risk profile of companies engaged in outsourcing/offshoring projects by considering the technical, legal and managerial aspects jointly; and detecting the causes of possible security failures and the related preventive and corrective actions.

The purpose of this paper is to increase the understanding of the main challenges of the contracting process and project contracts in the context of project business characterized by a high level of complexity and uncertainty. The authors argue that understanding contracting as a flexible process and as a business tool will contribute to creating more value in projects which are implemented in constantly changing circumstances or which require gradual and iterative development.

This is a conceptual paper with illustrative examples from the software industry.

A prevailing approach for both managing contracts and the contracting process focuses on careful planning and drafting of contracts that protect each party in the case of conflicts and disagreements. The underlying assumption is that all activities can be planned and documented in a formal contract. According to this approach, the contracting process is seen only as a bargaining negotiation and the project contract as a detailed agreement of the responsibilities and safeguarding clauses to protect one’s position in the event of conflicts and failures. However, in the context of project business characterized by complexity and uncertainty, there is a need for flexible project contracts. The authors suggest that there are two fundamentally different approaches to implementing flexibility in both the contracting process and the project contract: postponing the decision until there is adequate information for decision making or making decisions that allow flexible adaptation to changes during the project lifecycle.

The authors suggest that organizations in project business should pay closer attention to how contracts are formed and how flexibility is introduced to projects. Organizations are encouraged to see contracts as a business tool, not as rigid documents which are taken into use in case something goes wrong.

This paper contributes to the understanding of how to adapt the contracting process to overcome challenges related to uncertainty, especially during the early phases of the project lifecycle. The authors provide a novel perspective on contracting as a process that extends over the lifecycle of a project and on the project contract as an agreement between parties formed during the contracting process. This perspective includes formal contract documents as well as various other documents, oral communication, commitments, actions and incidents.

Recognising that financially related, personal information is the raw material of successful asset recovery investigations, the paper aims to examine the mechanisms which investigators may use to gather such information and the legal barriers to information gathering.

The paper draws on the author's own practical experience of involvement in criminal asset recovery proceedings in the UK.

It is the State's obligation to deliver criminal asset recovery in the most efficient and cost‐effective way, consistent with privacy rights and obligations, providing value for money in what is delivered by law enforcement. Doing so will require making better use of financial information held by public sector agencies. There must be no form of financial information which is beyond the reach of an investigator in an appropriate case. If there is, criminals will utilize that weakness to place criminal assets where information in respect of those assets cannot be obtained. If asset recovery is to be successful, it is essential that – to use the metaphor of financial information as “dots” – investigators are able to collect the dots, connect the dots and share the dots.

The paper identifies: the need to keep the legal tools used to obtain information under regular review; eight core information skills which investigators must develop for effective asset recovery; and the importance of a multi‐disciplinary approach in analysing financial information.

The paper explores UK criminal asset recovery from an informational perspective.

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

This is the seventh article on business and law (BSL) databases in a continuing series of articles summarising and commenting on new database products. It has two companion articles: one covering science, technology and medicine (STM) appeared in Online & CDROM Review vol. 20, no. 1 and the other covering social science, humanities, news and general (SSH) appeared in Online & CDROM Review vol. 20, no. 2. The articles are based on the newly appearing database products in the Gale Directory of Databases. The Gale Directory of Databases (GDD) was created in January 1993 by merging Computer‐Readable Databases: A Directory and Data Sourcebook (CRD) together with the Directory of Online Databases (DOD) and the Directory of Portable Databases (DPD).

The purpose of this paper is to examine how a state-owned Colombian multi-utility conglomerate (CMC) has used management accounting practices (MAPs) to shape efficiency. The authors bring out the interplay between structures and agency in the process of shaping efficiency, which has enabled the company to operate as a private enterprise, taking advantage of NPM-led reforms and management accounting technologies.

This is an interpretative case study of a CMC. Data for the study are derived from interviews, non-participative observations and document analysis. Giddens' structuration theory (ST) provides the theoretical approach for the study.

Results show that MAPs have shaped efficiency in a CMC, promoting the profitability criteria prevailing in private enterprises. Theoretically, the paper shows how structure and agency are embedded in shaping efficiency in an emerging economy context through MAPs. It does this by analysing both the broader influence of the School of Mines and multilateral development banks and the micro-situated practices of employees at the CMC. The employees who have worked in the company for long periods of time have transformed the profitability criteria into a corporate value that influences their day-to-day practices.

The paper adds to the literature that draws on the ST by illustrating a paradigmatic case, in which agents have brought in knowledge and values to a state-owned company, and changed its ethos and practices whilst remaining under state control.

This paper seeks to propose the application of future‐oriented technology analysis (FTA) to law. As law traditionally reacts after events and is resistant to change and transformation, the article argues for equipping legal activities with a set of tools, methods and approaches that enables them to acknowledge and anticipate the various possible futures that will guide society.

The paper describes a series of real world examples and case studies – pilot projects, research consortia and academic programmes – that are already employing FTA methodological approaches to pursue their objectives.

Based on these examples, the article explains the various benefits that the application of specific FTA methodological approaches (such as scenario‐planning, modelling techniques and backcasting) may bring to three specific legal fields: legal research, legislative drafting and law enforcement. The article also examines the prospective perils that systematically applying FTA to law may bring about. While the introduction of FTA tools and techniques to law is deemed extremely important and useful, the paper also draws attention to the problems and challenges that this entails, indicating paths for future research.

Future‐oriented legal studies are rare and, what is worse, the ones that exist lack proper methodology, failing to encompass the use of forecasting methods or foresight tools in the development of their studies. This paper attempts to fill the gap produced by this notorious lack of methodology in the legal analysis of the future, and presents a new methodological approach to law. It proposes the application of future‐oriented analysis (FTA) – as a common umbrella term that encompasses foresight, forecasting and technology assessment methods and tools – to the legal sphere.