Features
HIPAA: Data Trade Prosecutions on the Horizon?
Mention HIPAA (the Health Insurance Portability and Accountability Act) to a typical CEO, and boredom sets in. Many corporate leaders remain unaware of the risks of HIPAA non-compliance, but the Act includes a criminal statute that creates vast potential exposure for health care providers and other players in the health care "data trade."
Features
Cooperatives & Condominiums
Cases of importance to your practice.
Index
A comprehensive list of key cases discussed in this issue.
Features
Real Property Law
Cases of importance to your practice.
Features
Southern District Upholds Constitutionality of RLUIPA
In one of the earliest decisions addressing the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Southern District of New York upheld the law. <i>Westchester Day School v. Village of Mamaroneck</i>, 2003 WL 22110445 (S.D.N.Y. Sept. 5, 2003). Only three other courts to date have addressed the issue. Challenges are pending in Connecticut, Hawaii, Pennsylvania, Texas, and Wisconsin.
Features
Landlord & Tenant
Cases of importance to your practice.
Second Circuit Affirms Ruling On Tarzan Rights
The U.S. Court of Appeals for the Second Circuit decided that illustrations and introductions for two Tarzan books made by artist Burne Hogarth at the "instance and expense" of the estate of Tarzan creator Edgar Rice Burroughs (ERB) were works for hire. <i>The Estate of Hogarth v. Edgar Rice Burroughs Inc. (ERB)</i>, 02-7312. Thus, Burroughs' estate retained the original and renewal copyrights in the books.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›