Features
Net News
Recent news of interest to the Internet law community.
Features
Employee Blogging: What Employers Don't Know Could Hurt Them
According to an American Management Association 2005 survey of 536 employers, 84% of companies have established policies relating to personal e-mail use, and 81% have established policies relating to personal Internet use, but only 23% have policies on personal postings on corporate blogs. <br>This article discusses blogging and the potential for employer liability that employee blogging presents. It recommends that employers establish blogging policies so that such liability hopefully may be avoided.
Internet Ticket Sales
e-Businesses, by forming networks of season ticket holders and entering into contracts with entertainment venues, provide Internet customers with entry passes for concerts, sports and other spectator events. <br>Generally, Internet ticket providers are in the business of buying and selling tickets to such events above the face value of the ticket. Some people have equated such Internet ticket providers with ticket scalpers, and claim that they are acting unlawfully. In particular, some state anti-scalping laws have been applied to Internet ticketing transactions, resulting in criminal and civil sanctions. But the application of proper Internet notices and appropriate Web site access limitations may render such state anti-scalping laws moot.
Posthumously Conceived Heirs
The science of cryobiology introduced the world to the previous impossibility of a posthumously conceived child. In the years that have followed, courts have been forced to address myriad unique social and legal issues incident to a child conceived after the death of its father. With little precedent to guide them, judges have been asked to answer the most elementary of probate questions: Is this a child of the decedent? If so, does this child have a right to inherit under the decedent's will or as an intestate beneficiary? From here, courts will continue to face an endless barrage of increasingly more difficult questions of inheritance: How long must a class of beneficiaries remain open? What responsibility does the Personal Representative of the estate have to ensure that the class is closed? Does the mother have an obligation to inform the court or the Personal Representative of her intent to conceive?
Appraisal Economics
The subject of "discounts" is the most contentious issue in business valuation and property valuation today. In marital property division, the relative high or low values of the individual properties balance against each other as the parties settle (and squabble over) the allocation of assets. For example, it is common to see the husband (assumed to be the in-spouse, or business owner) argue for a "low" value for the business, whereas the wife (assumed to be the out-spouse, who will not take the business asset) would argue for a "high" business value. Discounts from a total property value (or, a proportionate ownership per share value) seemingly lower value in an arbitrary manner, usually spurring a nasty and expensive fight with dueling appraisers.
Leading Questions and Child Witnesses
Lawyers involved in product liability cases are occasionally involved with child witnesses, either as plaintiffs or as percipient witnesses to the critical events in the lawsuit. As in other types of litigation, child witnesses present a number of difficult challenges in product liability cases.
Features
Recent Developments from Around the States
Recent rulings you need to know.
Features
National Litigation Hotline
National rulings of interest to you and your practice.
Features
Genetic Testing
The rise of genetic testing has touched off a tense legal debate over when and if employers and insurance companies should be allowed access to employees' gen-etic data. At issue is whether current privacy laws related to genetics are strong enough to prevent discrimination, and if there are enough regulations governing what companies can and cannot know.
Labor News: 2005 in Review
More than 500 leaders and officials of the seven Change to Win federation unions met Nov. 17-19 in Las Vegas to strategize how to work together in organizing campaigns. Organizers, researchers, and communicators from each of the seven unions met to discuss campaigns and strategy to grow the labor movement. This marked perhaps the first time since the founding of the CIO in the 1930s that so many union officials met to discuss joint targeting and strategy.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Cold War Between NCAA And States Over Athletes' NILsOver the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›