Rule Changes for Electronic Discovery?
July 28, 2005
Technology has not only changed the way we live, but also the manner in which companies and their employees conduct business in the modern world. Today,…
Company E-mail and Employee Privacy: An Ongoing Oxymoron
July 28, 2005
Many observers have noted that e-mail use often replaces personal phone calls and for employers is a more efficient and less disruptive way for employees to maintain the personal and home contacts they need. The military and other agencies recognize that e-mail is a convenient way for troops to stay in touch with their families and have set up "cyber tents" where troops line up to log on. It is also clear, however, that damaging material carried by phone doesn't carry the risk that the same information poses when put in writing and sent electronically.
Hotline
July 28, 2005
This month: <p>Second Circuit defines standard for loss causation pleadings<br>SEC liberalizes the Quiet-Period rule<br>Employer recovers legal fees for frivolous portion of discrimination claim<br>D.C. Circuit directs SEC to reconsider mutual fund governance rule<br>
2005 Bankruptcy Act: What Your Company Needs To Know
July 28, 2005
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). The Act made significant modifications to the United States Bankruptcy Code (11 U.S.C. Section 101, <i>et seq.</i>) and related federal statutes. While initial focus centered on the Act's consumer bankruptcy provisions, the Act also contains provisions that significantly impact businesses and their representatives, including officers, directors and employees.
FCPA Enforcement In A Sarbanes-Oxley World
July 28, 2005
American companies and their officers and employees doing business overseas are learning the hard way about the Foreign Corrupt Practices Act (FCPA). For many years after its enactment in 1977, the government initiated relatively few investigations and enforcement actions charging violations of the Act. This was largely due to the government's difficulties in evidence gathering. Recently, however, the number of such enforcement actions has increased significantly.
'Reasonable Accommodation,' Rent Regulation, and the Fair Housing Act
July 27, 2005
The federal Fair Housing Act Amendments prohibit discrimination in the sale or rental of a dwelling because of a handicap. 42 USC Section 3604(f)(1) and (f)(2). The statute also provides that discrimination includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." Does the statute require a landlord to offer a handicapped occupant of a rent-regulated apartment the opportunity to rent, at a regulated price, a vacant apartment located on a lower floor? A federal district court has recently suggested that the statute might, indeed, impose such a requirement on the landlord.
Index
July 27, 2005
Everything contained in this issue in an easy-to-read format.
