The New Challenges Of 'Deemed Exports' To China For U.S. Technology Companies And Universities
May 16, 2006
China, the second largest economy in the world by some measures, is hard for U.S. technology companies and research universities to ignore. China is a huge sales opportunity for U.S. technology industries, including the world's largest cell phone market with over 300 million users. And dramatic labor cost savings for talented employees has drawn many leading firms to locate facilities in China. Tens of thousands of Chinese students are now enrolled at the nation's top universities, and many remain in the U.S. as post-doctoral fellows and faculty members.
News Briefs
May 15, 2006
Recent news items of interest to you and your practice.
Data Security Breach Notification
May 15, 2006
Companies that handle personal information are faced with an increasingly complicated compliance task as states continue to enact data security breach notification laws. As of press time, 25 states have enacted such laws. The compliance difficulties arising from these enactments run in several directions.
Online Access to Corporate Information
May 15, 2006
How does a company authenticate customers, employees, and third-party service providers when they seek Internet access to the company's computer networks and systems? For most companies, the standard approach is to use a user ID and password. But that approach may no longer be legally adequate. In the United States, regulators in the financial sector have now become the first to formally state that reliance solely on a user ID and password ' so-called single-factor authentication ' is now considered 'to be inadequate' at least in the case of high-risk transactions.
What Every U.S. Employer Should Know About Workplace Privacy
May 15, 2006
The U.S. privacy arena is a minefield for employers. The United States has no omnibus employee privacy law. Instead, employers are faced with a patchwork of privacy laws that they must piece together to avoid legal liability. This article focuses on the key privacy issues employers in the U.S. must confront.
<b>BREAKING NEWS</b> Supreme Court Hopeful Leaves Bench
May 10, 2006
Appeals Judge J. Michael Luttig, a Supreme Court contender and longtime fixture of the conservative legal landscape, made a sudden announcement on May 10 that he was leaving the U.S. Court of Appeals for the 4th Circuit immediately for the job of senior vice president and general counsel of the Boeing Co.
privacy update
May 09, 2006
FTC Sues Five Companies for Selling Cell Phone Records On May 3, the Federal Trade Commission ('FTC') sued five companies for obtaining cell phone records without permission from cell phone users and then reselling that information to third parties. The Commission's lawsuits are aimed at stopping sales of the cell phone records, and the FTC also is seeking to recover from the companies the revenue they earned from selling the phone logs. …
Case Briefs
April 28, 2006
Highlights of the latest insurance cases from around the country.
Availability of Attorneys' Fees in Coverage Litigation
April 28, 2006
As insurance coverage disputes, like all disputes, become increasingly expensive, cost continues to be an important factor in deciding whether to commence a lawsuit or arbitration in order to pursue insurance. While most states apply the 'American Rule,' which precludes recovery of attorneys' fees in litigation-coverage disputes, some jurisdictions have exceptions for prevailing insureds. This article highlights the major types of exceptions. In considering the possibility that fees may be available, practitioners should recognize that individual jurisdictions may apply exceptions that look similar but operate rather differently, and that important rights of recovery may be found in procedural rules or case law beyond the confines of insurance law. Careful analysis of conflicts of law may also be important since the right to collect fees in a case filed in a particular state or federal court may turn on its choice of law principles and whether a particular right to recovery is deemed substantive or procedural.