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Features
Ten years ago, delegates at a Diplomatic Conference at the World Intellectual Property Organization (WIPO) in Geneva concluded two treaties to modernize member nations' intellectual property laws to accommodate the realities of digital technology. The WIPO Copyright Treaty (WCT, passed Dec. 20, 1996, and effective March 6, 2002), and the WIPO Performers' and Phonograms Treaty (WPPT, passed Dec. 20, 1996, and in force May 2, 2002), collectively known as the WIPO Internet Treaties, provide for the expansion of existing rights and the creation of new rights in subject matter protected by copyright.<br>Canada, under the guidance of successive governments led by the Liberal Party of Canada, chose to consult widely with stakeholders over the direction it should take in legislating. The result was a lengthy consultation process culminating in a bill ' Bill C-60, An Act to Amend the Copyright Act, 1st Session of the 38th Parliament, 2005 ' that implemented Canada's obligations under the WIPO Treaties, but departed from the DMCA view of those treaties in several key respects, including the scope and ambit of anti-circumvention laws. While lobbyists for rights-holder organizations ' and the U.S. Trade Representative ' denounced Bill C-60 as non-compliant with the WIPO Internet Treaties, none took such claims seriously.
Features
National decisions you need to know.
Features
Recent rulings of interest to you and your practice.
With this year's June 30 deadline for the Foreign Bank Account Reports (FBAR) fast approaching, it's worth considering the federal government's increased attention to the FBAR rules. Though criminal and civil enforcement relating to persons failing to comply with FBAR reporting requirements has been rare, the IRS (now the agency principally responsible for FBAR compliance) appears to be gearing up to investigate and prosecute willful violators. This new emphasis, together with the IRS's ever-expanding ability to obtain once secret information from foreign jurisdictions, suggests that we will be seeing more investigations and prosecutions in this area.
A recent decision by a Ninth Circuit Bankruptcy Appellate Panel rejected the prevailing standard for authenticating electronically stored records and imposed stringent requirements that may help defend against computerized evidence in a broad range of cases, including white-collar prosecutions. In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005). Although decisions of the Panel, which consists of three bankruptcy judges, are binding precedent only for bankruptcy courts in the Ninth Circuit, Vinhnee's persuasive analysis has the potential to change the use of electronic evidence in other courts.
Is your handbook truly up to date? One of the points in the employment relationship where the employer can best position itself to achieve its business objectives is in the setting of policy ' a process in which the law affords employers broad latitude. A properly drafted policy manual can help foreclose or limit a lawsuit, and a manual that is prepared or updated carelessly can serve as the foundation for a legal claim. Here are several ways to tell at a glance whether your organization has postured itself to best advantage.
Features
Companies battling competitors may ask how to get a competitor criminally investigated. Two issues appear: Is this a good idea? If 'yes,' how do you do it effectively?
Features
Highlights of the latest commercial leasing cases from around the country.
In Part One, the authors summarized the SEC's proposal to revamp the rules governing the disclosure of executive and director compensation. They focused on the proposal's treatment of current compensation. Part Two picks up with a look at outstanding equity interests, covers post-employment and other types of compensation and benefits, and also discusses other effects of the proposal on corporate counsel.