<b>BREAKING NEWS: </b>THOMPSON MEMORANDUM ON FEES FOUND UNCONSTITUTIONAL
July 14, 2006
KPMG refused to pay its employees' legal fees because the government held a 'gun to its head' and thus 'violated the Constitution it is sworn to defend.' These strong words from U.S. District Judge Lewis A. Kaplan in the KPMG tax shelter case have shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).READ THE FULL STORY FROM THE ATTORNEY WHO WON THE RULING IN THE AUGUST, 2006, ISSUE, ONLINE AUGUST 1!
Too Many Cooks: Congressional Efforts to Enact Personal Data Security Legislation
July 13, 2006
The security of personal data in the custody of third parties is increasingly at risk. Electronic files of personally identifiable information that can be used to open unauthorized lines of credit; loot existing bank, credit union, and brokerage accounts; and assume the identities of the affected individuals continue to be a highly sought after commodity by cyber thieves. This problem shows no sign of abatement.
News Briefs
July 13, 2006
Recent news of interest to you and your practice.
Lawyers' Suit over Taping Client Conversations Proceeds
July 13, 2006
Legal Aid lawyers claiming the government violated their rights by secretly recording attorney-client communications with 9/11 detainees won a major battle in June when a federal judge permitted the bulk of the action to proceed. The case is unusual in that it centers on the rights and privileges of lawyers operating behind the attorney-client shield, rather than on the rights of the clients.
Australian Workplace Surveillance Act
July 13, 2006
Following the passage of the first Australian law specifically regulating e-mail surveillance in the workplace on Oct. 7, 2005, employers in the State of New South Wales have been required to notify all employees of any e-mail monitoring and develop a workplace computer surveillance policy. The Workplace Surveillance Act 2005 (the 'Act') repealed the Workplace Video Surveillance Act 1998 and built on existing regulations relating to the use of listening devices and video surveillance cameras.
Identity Theft
July 13, 2006
Recent high-profile data breaches of online retailers, banks, government agencies, and data brokers have exposed the vast potential for damage to consumers when their personal information is illegally sold or inadvertently released into the public domain. Ironically, these breaches have occurred despite the existence of comprehensive federal and state legislative schemes aimed at safeguarding personal data.