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Features
Recent months have delivered to employers what could be seen as a nasty one-two punch. First, the Office of Federal Contract Compliance Programs (OFCCP) announced that it planned to focus its resources on "rooting out" systemic discrimination -- and unveiled proposed guidelines completely altering the way it will analyze potential compensation discrimination. The new guidelines, which require employers of a certain size to use a statistical tool called multiple regression analysis, will be enforced by a team of statisticians the OFCCP has newly hired to create the ominous-sounding Division of Statistical Analysis. Second, the recent Supreme Court decision allowing disparate impact claims in age cases could be interpreted as giving the green light to additional age-bias lawsuits by removing the hurdle of proving or even alleging intent. However, these changes will not necessarily have an adverse impact on employers, and may actually be helpful.
The hills were alive with the sound of Sarbanes-Oxley in January when the Swiss mountain resort of Davos hosted the World Economic Forum. Representatives of some of Europe's largest companies discussed the impact of the U.S. legislation on their operations, asking whether the impact of the additional regulation was worth the prestige of a New York listing or the opportunity to raise money on the world's largest capital market. It was reported that up to 60 European companies were ready to drop their U.S. listings.
Features
Throughout the world, Sarbanes-Oxley (SOX) legislation might well have had the biggest impact in corporate governance since the introduction of limited liability. To that end, jurisdictions outside the U.S. have not been idle. A recent Eversheds survey found more than 100 studies on the topic in 29 European countries within and outside the EU. Clearly, proper compliance to corporate governance guidelines is top of the list to in-house counsel across the EU, as well as the U.S. This roundtable sought to road-test some of these issues and look to some of the U.S.'s best governed corporations to see if there is a map for the journey ahead.
Features
The recent release of a dead soldier's e-mail account to his parents in Michigan has sparked a new debate over personal data: Who owns your e-mail when you die?
Features
Recent cases in e-commerce law and in the e-commerce industry.
Lawyers and businesspeople are like most people who read things they must or are interested in: They read the exciting parts first ' and that includes contracts. Everyone is interested in the money, and what they will get from the deal. <br>But what about what might be considered the marginalia, the add-ons ' or what some people might think of as those categories ' the escape clauses of the contract? Well, you can bet that no one reads the term and termination sections first. These "quiet" clauses are usually hidden, well in the back of a contract, with the boilerplate and signatures.
Because e-commerce lacks face-to-face interaction, and online transactions are often completed without any communication between the buyer and seller, there always exists a margin of risk with respect to payment security, data protection and transaction fraud. Specifically, e-commerce has provided a feeding ground for many a fraud perpetuator looking to scam anywhere from a few bucks to millions of dollars from unknowing consumers. Although attorneys, particularly those reading this publication, perform due diligence helping to avoid such problems, unfortunately some attorneys are busy trying to undo some problems created in the course of e-commerce.
Features
Clearly, if an employer possesses the desired e-mails because the employer saved a copy of each e-mail sent to it, or because it owned its employee's computer within which the desired e-mails reside, then it would also own the e-mail. But the more problematic facts include what would happen if the employer didn't possess the desired e-mails.
The Supreme Court gave a cork-popping victory to the wine industry May 16, striking down state laws that barred consumers from receiving direct shipment of wines from out-of-state wineries. <br>And the decision is likely to elevate e-sales of wine.
New York Attorney General Eliot Spitzer sued a major Internet marketer last month, blaming it for secretly installing software that delivers nuisance pop-up advertisements and can slow and crash personal computers.