37,000 Libraries Of Congress Created In One Year!
March 29, 2006
How much would it cost to house 37,000 Libraries of Congress? It's not so much a vapid philosophical question as one that opens the door to serious contemplation of economies of scale, because that's how much new electronic data is created in a single year, according to one study.<br>Fortunately, the data is stored in computers and not in a monumental building, but the place where it's being stored ' on hardware, with software ' doesn't mean the costs of creating, storing and managing data aren't significant and growing for all businesses.
Law School Opens Clinic for Gay Civil Rights
March 29, 2006
The nation's first campus clinic in civil rights impact litigation concerning lesbians, gays, bisexuals and transgendered people is set to open this fall at Columbia Law School. Suzanne B. Goldberg, co-counsel in two cornerstone gay-rights victories in the U.S. Supreme Court, has been tapped as director of the new Sexuality and Gender Law Clinic.
Using Technology to Lease Technology
March 29, 2006
Since leasing was first used as a financial tool, pricing has been a complex matter. To price properly, many variables must be taken into account including: funding date, credit rating of lessee, residual assumed, tax rate, term of the transaction, desired spread over an index, etc.
Dangerous Clients: What to Do
March 29, 2006
Divorce lawyers are more often the objects of violence and threats of violence than any other group of attorneys. A 1997 survey of ABA Family Law Section members found that 60% of respondents had been threatened by adverse parties; 17% by their own clients. Twelve percent had actually been assaulted by a client or opposing party. Remarkably, only a quarter of these respondents took steps to protect their safety. There is a natural reluctance to recognize danger, and this is partly because most of us have no realistic idea how to protect ourselves.
Dismantling the 'Great Wall' of Risk: The Key to Turning Lease Financing into a Mainstream Financial Product in China
March 29, 2006
A growing number of lessors exhibiting cautious optimism are slowly, but successfully, knocking down the 'great wall' that separates them from turning lease financing into a mainstream financial product in China. Investing in the Chinese leasing market can be a sound decision for lessors whose customers are asking for leases there; who can effectively manage the risks; and who are equipped to deal with major differences between the United States and China, which include language, culture, and the number and nature of business regulations.
Whistleblower Case Invokes Employment Rule Exception
March 29, 2006
Many have noted the unanticipated consequences of Sarbanes Oxley's (SOX) whistleblower protection. One significant question has been how, in light of the statute's remedial nature but its focus on remedying securities fraud, courts should construe its definition of protected activity. In particular, courts (and the Department of Labor administrative law judges who generally hear these cases at the outset) have struggled with SOX's requirement that to be a protected whistleblower, the employee must complain about conduct that he or she 'reasonably believes constitutes a violation of ' any rule or regulation of the [SEC], or any provision of Federal law relating to fraud against shareholders' (<i>see</i> 18 U.S.C. ' 1514A).
Supreme Court: Title VII Employee Threshold Does Not Determine Jurisdiction
March 29, 2006
The United States Supreme Court has resolved a significant issue regarding coverage under Title VII: whether the 15-employee threshold for determining whether an individual or entity is an 'employer' covered by Title VII of the Civil Rights Act of 1964 is a substantive element of plaintiff's claim for relief, or a jurisdictional issue. (Arbaugh v. Y & H Corp., No. 04-944 (2006)). In Arbaugh, the Supreme Court, reversing the U.S. Court of Appeals for the Fifth Circuit, held that the 15-employee threshold is an element of a plaintiff's claim that must be challenged prior to trial on the merits. The Supreme Court's decision is significant because evaluating the number of employees as a substantive issue would allow a federal court to exercise supplemental jurisdiction and to retain discretion to hear pendent state law claims even if it dismisses the federal claims for failure to state a claim.
New Rule on 'Internet Applicant'
March 29, 2006
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) oversees compliance with the equal opportunity and affirmative action requirements applicable to all government contractors. The OFCCP is charged with enforcing Executive Order 11246, which prohibits federal contractors from discriminating against applicants on the basis of race, color, religion, sex, or national origin. The Order also requires contractors to use affirmative action so that equal opportunity is available for all phases of employment. As such, contractors must retain all applicant-related company records as well as other employment records. In particular, contractors are required to maintain records of 'applicant flow data' by soliciting gender, race and ethnicity information from all applicants. If a contractor fails to comply with the rules issued by the OFCCP, it will be subject to disciplinary action, ranging from citations and economic fines to debarment.
