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The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
Features
Highlights of the latest insurance cases from around the country.
Recent cases in e-commerce law and in the e-commerce industry.
The Business Software Alliance ('BSA') is escalating its software piracy program by offering $1 million for software piracy tips, up from its previous $200,000 reward. The Washington-based alliance, which launched its software piracy information rewards program in the fall of 2005, will offer $1 million for qualified reports of copyright infringement between July and October. The alliance said it has collected $22 million in settlements with hundreds of companies since starting the program. Many tips are from employees who report their company's use of unlicensed software on office computers.
Features
Not long ago, in a galaxy eerily close to this one, legal pundits predicted that the fanciful realm of online 'virtual world' gaming would come crashing into the harsh reality of earthly litigation. That day has finally arrived in the case of <i>Bragg v. Linden Research, Inc., et al.</i>, serving up a lesson in civil procedure to an attorney with an avatar attempting to avoid arbitration over virtual property rights.
If the 'unbundling' advocates have their way, the Federal Communications Commission ('FCC') might as well change its name to the Federal Unbundling Commission. These advocates are pushing the FCC to adopt new rules to require more intrusive supervision of cable operators' interactive digital products. Unless a majority of the five-member commission indicates clearly that it rejects the injurious notion that broadband service providers must engage in ongoing unbundling of their networks ' separating the provision of Internet access service from Internet content ' the agency should start printing new stationery.
Famous 18th-century technology geek Benjamin Franklin once complained that 'nothing in this world is certain but death and taxes.' These days, perhaps it's certain that this quote will appear in any tax article, but if taxes were a problem for inventors in Franklin's era (and he was an accomplished inventor himself), it shouldn't be surprising that they continue to confound experts on the Internet and e-commerce today.
It appears that the law and technology are conspiring to make life difficult for corporate counsel and IT departments. Invariably, the stresses of electronic discovery have been exacerbated by the increased demands placed on counsel through the promulgated amendments to the Federal Rules of Civil Procedure (FRCP). Specifically, the amended rules require exponentially more information about the technical framework of a corporation at the earliest stages of litigation. The more focused or litigious corporations are quickly recognizing the need to bridge the gap between law and technology to ensure compliance with these ever-changing legal requirements and advancing technologies. This pinpoint nexus between law and technology is creating the need for an Office of Technology Counsel (OTC).
Unconscious bias' is a fundamental element of the EEOC's recent initiative called Eradicating Racism and Colorism from Employment (E-RACE), an enforcement effort that focuses on filing lawsuits challenging 'subtle' discrimination and educating employers. Could your organization be hit with a race discrimination lawsuit for 'unconscious bias'? How do you prevent legal liability for unconscious acts? This is a question puzzling many legal counsel as they try to protect their organizations.
