More on Same-Sex Relationships
The recent developments in the creation and recognition of relationships among same-sex couples have developed a momentum which, like it or not - the recent laws passed by 13 states banning gay marriage, notwithstanding - must be recognized and understood by family lawyers and other related practitioners in the areas of tax, estate planning, adoption, and other financial and interpersonal disciplines. <i>See</i> Wilson R: The Changing and Conflicting State of Same-Sex Marriage. <i>The Matrimonial Strategist</i>, November 2004.
No Separate Tort Suit Against Ex
A New York couple's short marriage may have a lasting effect on New York state law. The Appellate Division, Second Department, said a tort suit between spouses cannot be filed separately from, and after, a divorce action; the claim must be joined to the divorce suit. Accordingly, the court upheld the dismissal of a suit filed by a woman against her soon-to- be-ex-husband for intentional infliction of emotional distress and personal injuries on the basis of claim preclusion. <i>Chen v. Fischer</i>, 2003-00397.
Client Internet Services Expose Firms To New Liability
More and more attorneys are offering ' and their clients requesting- client services that include offering clients secure access to their personal case information by means of the Internet. Some law firms find such Internet Web site-based offerings to be a rapid, efficient and cost-effective method of communicating with clients, as well as other lawyers. Nevertheless, offering these services is not without an increase in legal liability for the law firm. Using the Internet to disperse confidential information raises potential ethical and legal issues that lawyers must face, with as of now, little guidance from the courts or bar associations.
Congress Reinstates Internet Access Tax Ban
The U.S. Congress recently reinstated a ban on Internet access taxes after the House of Representatives agreed to extend it for another 3 years rather than make it permanent.
Fair Use Goes On The Offensive
Courts and law professors often praise "fair use" as the counterweight that keeps copyright balanced with free expression. Those who actually litigate fair use cases, however, will tell you a very different story. They will tell you that, when it comes to copyright cases, it's the copyright owner that has all the advantages. <br>Thanks to the recent federal district court ruling in Online Policy <i>Group v. Diebold</i>, however, the times they may be a-changin'. Fair users on the Internet can now go on the offensive to vindicate their free speech interests against overzealous copyright owners.
Net News
Recent developments of note in the Internet industry.<br>This month:<br>Google Sues Internet Marketer Over False Ad Clicks <br>Movie Studios Take Cue From Record Industry ' File Suit against File-sharers <br>Another 761 Added To RIAA Tally <br>Perfect 10 Says Google Removes the Towel
The Law Must Catch Up With VoIP
After years of promise and hype, Voice over Internet Protocol (VoIP), the ability to make telephone calls over the Internet, has emerged as a mainstream service for businesses and, increasingly, for consumers. Lower cost, competitive quality and ease of use are responsible for VoIP's accelerated adoption. However, the very features driving VoIP's rollout have brought to the fore the stresses that the Internet and modern telecommunications technology have put on the 70-year-old regulatory framework that governs them.
New ADA Guidelines Will Affect Many Employers
For nearly 15 years, the Americans With Disabilities Act of 1990 (ADA) has helped clear away barriers to public accommodations, employment, transportation, government services and telecommunications for disabled Americans. This landmark legislation granted long-overdue civil rights protections and equal opportunity guarantees to individuals with disabilities, just as earlier civil rights legislation addressed discrimination based on race, color, sex, national origin, religion or age. While the ADA improved the lives of countless disabled individuals, it also created new challenges for many employers. And as of this summer, some employers will likely face an even tougher, more complex set of ADA accessibility guidelines, the impact of which is only beginning to be understood.
Cell Phones in the Office
Cellular phone ownership and use is pervasive. More than 70 million Americans reportedly own a cell phone and a high percentage are used for business purposes. Also on the rise are instances of phone use while driving, increasingly blurring the boundary between work and personal time, as people can stay connected professionally during commutes, vacations or other personal pursuits.
