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Conducting a Privacy Audit Image

Conducting a Privacy Audit

Michael L. Whitener

With the proper tools, support from corporate management, a motivated audit team and a few guidelines, a privacy audit can be conducted using primarily internal resources and with little or no business disruption.

Features

<b><i>Online Extra:</b></i> A Big Win for Pharma Companies in Overtime Case Image

<b><i>Online Extra:</b></i> A Big Win for Pharma Companies in Overtime Case

Marcia Coyle

Pharmaceutical companies scored a major victory on June 18 when a divided U.S. Supreme Court held that the industry's sales representatives are not eligible for overtime pay.

Features

<B><I>Online Extra:</b></i> <b>Ninth Circuit Won't Rehear Prop 8 Case</b> Image

<B><I>Online Extra:</b></i> <b>Ninth Circuit Won't Rehear Prop 8 Case</b>

Ginny LaRoe

The next stop for the Proposition 8 case is the Supreme Court.The order denying rehearing leaves in place the court's February 2-1 ruling striking down the ban on equal protection grounds. The majority said the voter-enacted initiative served no purpose other than 'to lessen the status and human dignity' of gays.

Features

NJ Online Gambling Measure Clears Assembly Panel Image

NJ Online Gambling Measure Clears Assembly Panel

David Gialanella

Legislation to allow online gambling in New Jersey continues to make progress, despite concerns over its constitutionality.

Features

Ninth Circuit CFAA Case May Draw High Court Review Image

Ninth Circuit CFAA Case May Draw High Court Review

Leonard Deutchman

In <i>United States v. Nosal</i>, the U.S. Court of Appeals for the Ninth Circuit, <i>en banc</i>, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.

Features

Taxing Online Sales ' The 2012 Update Image

Taxing Online Sales ' The 2012 Update

Marcelo Halpern, Amanda Weare & Lauren Matecki

As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.

Features

Applying Technology To the Business of Health Care Image

Applying Technology To the Business of Health Care

Jonathan Bick

Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.

Features

Asking Prospective Employees for Social Media Login Data Image

Asking Prospective Employees for Social Media Login Data

Steven W. Suflas & Mary Cate Gordon

A recent trend in the human resources community is to ask prospective employees for usernames and passwords to social media sites to allow the hiring employer access to otherwise private information about an employment candidate's "online identity." e-Commerce companies, even though they are based on and operate through online activities, sometimes through social media, should carefully consider what principals and hiring parties in the firms may view as a natural inclination to examine an applicant's or an employee's social media postings and persona by demanding access to the sites.

Features

What's Scarier Than an Agency Audit? Three Agency Audits Image

What's Scarier Than an Agency Audit? Three Agency Audits

Robert G. Brody & Rebecca Goldberg

Misclassifying employees as "independent contractors" may put employers in triple jeopardy. (<i>See</i> article <i>infra</i> by Rosanna Sattler.)

Features

Update: The IRS Whistleblower Program Image

Update: The IRS Whistleblower Program

Sharon L. McCarthy

This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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