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In last month's article, we pointed out that successful enforcement efforts against investment banks have emboldened state and federal authorities to target mutual funds - a fact that has been borne out in the national press over the past few weeks. More precisely, the funds' investment advisers are the targets. We believe regulators' inquiries will most likely examine two general categories, fund administration and marketing. Last month's article discussed fund administration; the following concentrates on trade allocations, and advertising and marketing.
Features
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
Cases of importance to your practice.
A comprehensive list of key cases discussed in this issue.
Features
Cases of importance to your practice.
Features
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
Cases of importance to your practice.
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.
