Recent Developments from Around the States
Cases around the states of interest to your practice.
E-mails: 'Smoking Guns' in Employment Litigation
E-mail traffic by employees in the workplace has proven to be key evidence in recent criminal and civil investigations of public companies like Martha Stewart Omnimedia, Merrill Lynch, Citibank and other Wall Street firms.
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Develoments of Note
Recent developments in the e-commerce world.
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<b><i>You Need To Know</i>The FTC Safeguards Rule: An Expansion of Gramm-Leach-Bliley</b></i>
Just when businesses thought their privacy policies were finally perfect and that it was safe to assume they had seen the last of the privacy laws, the issue struck again. And this time, it struck where businesses and their legal advisers might least have expected it, turning regular e-businesses into "financial institutions" and requiring implementation of yet another set of rules.
e-Commerce Docket Sheet
Summaries of recent cases in e-commerce.
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Federal Task Force Urges Rules For Electronic Proofs in Criminal Cases
A federal task force studying use of technology in the criminal justice system has reported that electronic evidence is playing a growing role, and the increased use has judges and attorneys worrying about its costs and the need to train users. Judges, in particular, are also concerned that "there be an equity of resources between prosecution and defense counsel," according to the report.
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FCC Grants Time to Comply with No Fax Ad Rule
Over the last month or so, the Federal Communications Commission's (FCC) changes to its rule regulating unsolicited faxes has been generating some high-volume buzz.
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The Survey Says...
Preliminary results from our legal spending survey shows general counsel balancing an increased need for outside counsel with pressure to reduce costs.
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What Not to Do in ADA Cases
A recent case in the Federal District Court for the District of Maine offers in-house counsel and others providing employment law advice to corporate clients with a lesson in what not to do when faced with an employee suffering from a mental health disability and seeking leave for hospitalization as an accommodation.
Courts Turn Up Corporate Heat
The highly publicized accounting scandals at Enron, WorldCom and other large corporations have prompted a concerted legislative and regulatory response from Congress, the Securities and Exchange Commission (SEC), and the national securities exchanges. While there has been little in the way of legislative reaction at the state level, several recent court decisions reflect that state corporate law is not immune from the impact of these scandals. Using existing judicial doctrine, but applying it in a fashion that appears to indicate an increasing toughness with respect to corporate directors and officers who do not live up to their obligations, the judiciary has turned up the heat on corporate fiduciaries.
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