LJN Newsletters

This article provides an update on the protection of an individual retirement account (IRA) from creditors after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). In general, the Act, which took effect on Oct. 17, 2005, expands the bankruptcy protections previously available for a debtor's 'ERISA-qualified' retirement funds.

As a signatory to the Statement of Principal, Wal-Mart actively promotes diversity within its approximately 500 law firms. Following the Statement's approach, we have informed our law firms of the importance of diversity to our business and our desire that the attorneys representing the Company more closely reflect the customers and communities we serve. We have communicated to our firms that we expect them to promote a diverse workplace and have encouraged them to staff our files with more women and minority attorneys. Finally, we have told our firms that we would give significant consideration to a firm's demonstrated diversity commitment when selecting new counsel.
Unfortunately, a review of the diversity statistics of our law firms produced disappointing results.

The electronic age has increased numerous workplace efficiencies, the most significant of which are obtaining, storing, using and transferring data. Yet these benefits to data management have not come without burdens. Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. This article provides an overview of statutory, constitutional and common law concerns with respect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.

Highlights of the latest equipment leasing news from around the country.

A growing number of lawsuits are alleging that aviation companies are dumping old and unsafe airplanes on Third World countries. Some of the suits charge the companies with leasing planes to startup airlines that lack proper training to operate them safely. In Chicago, a lawsuit is set to go to trial against an Illinois aviation company alleging that it knowingly leased an old and defective plane to a company in the Philippines, where the 22-year-old plane crashed in 2000, killing 131 people.

Is it possible to defame an inanimate object such as a plane, or a house, or a painting? Surprisingly, the answer to this question is 'yes.' This sort of claim, which is generically captured by the designation 'commercial disparagement,' has, on occasion, been pursued successfully at trial involving 'hard' assets and can even be employed when the damages are more prospective than actual. The tort falls generally within the penumbra of libel and slander-related claims, but has been overshadowed by the more commonly recognized types of claims asserted against individuals or corporate entities rather than tangible objects. Commercial disparagement claims, when understood, are a useful line of defense to an asset owner ' as well as a hazard for those unaware of the claim's contours.

Part Two of a Two-Part Series. This two-part article (based on a 2005 white paper issued by ELA's Equipment Leasing Foundation, 'Knocking Down (Great) Walls') looks at the key legal and regulatory issues surrounding investing in the Chinese leasing market. Last month's installment provided a market history and analysis of the current legal and regulatory climate. This month's conclusion examines the experiences of lessors currently operating in China.

Collective Bargaining Agreements/Waiver of Judicial Forum
Concert Injuries/Negligence
Copyright Transfer/Writing Requirement
Television-Programming Dispute/Judicial Forum
BOOK RELEASE: 'Music, Money and Success,' 5th Edition by Jeffrey Brabec and Todd Brabec
Upcoming Event: The Third Pacific Northwest Arts and Entertainment Symposium