CD: 10/3/06 - Integrating and Maximizing Business Development Training
August 24, 2006
Business development training requires a significant commitment of time and resources, and a vision of where participants in such a program want to be in their practice. A number of law firms have learned the hard way that simply providing a sales or coaching program does not necessarily guarantee results. Learn what it takes to implement the necessary strategies to get the most from your training efforts.
China's New Securities Law Being Put To Legal Test
August 23, 2006
Big four accounting firm Deloitte is being sued in a Shanghai court and being called before an administrative board in Beijing for having issued an unqualified audit opinion on a client with 'worrisome finances.' <br>It is always interesting to see how a court handles a new law for the first time. In business cases of first impression, the Chinese courts often look to foreign law, particularly United States law, in interpreting their own business laws and the Shanghai court will likely do so here.
Teen Sues Mother for ID of Father
August 16, 2006
In a case that family law experts fear could set a dangerous precedent, a Michigan teenager is suing his mother to learn the identity of his father.
Personal Data Protection Law in China
August 16, 2006
China currently has no single, integrated personal data protection law. Data protection concerns do exist, but are expressed through various unrelated laws that originate in other fields (such as constitutional law or computer law) that contain certain compliance requirements that are, in practice, much like complying with a personal data protection law. For instance, there is a national law protecting the privacy of minors. This law is practically implemented through regulations enacted by each province.'
Privacy and Brazilian Law
August 16, 2006
The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.
Employers' Duty to Monitor Employees' Internet Activities
August 16, 2006
In a case with potential national implications, a New Jersey court recently held in a case of first impression that employers have a legal obligation to investigate an employee's activities when they know or have reason to know that the employee is using a workplace computer to access child pornography. <i>Doe v. XYC Corporation</i>, 382 NJ Super. 122 (App. Div. 2005). The court also held that an employer is required to report the employee's activities to the proper authorities and to take 'effective internal action' to stop the employee's activities. Based on the facts of the case, the court also ruled that 'no privacy interest of the employee stands in the way of this duty on the part of the employer.' XYC Corporation filed notice that it was petitioning the New Jersey Supreme Court to review the decision. However, the parties settled the matter, and XYC Corporation withdrew its petition.