Lawful Data-Mining of Social Networks
April 27, 2009
To avoid legal difficulties when you mine information about people from social-network locations, make sure you employ three particular policies when using information mined from blogs. Here's how to proceed.
Tips for Drafting Employee Handbooks
April 27, 2009
The purpose of this article is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook.
Changes Coming for Customer Personal Data
April 27, 2009
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.
Postnuptial Agreements
March 31, 2009
It is not uncommon for a potential divorce client to express the idea that financial concerns, rather than emotional or other marital problems, have led him or her to consult with a matrimonial attorney. The solution may be a postnuptial agreement.
The Proper Way to Determine Spousal Maintenance
March 31, 2009
There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.
Technology Changing the Litigation Game
March 30, 2009
There's no mistaking that new technologies are transforming the practice of litigation. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.
Centralizing Stores of Information to Make Retention Policies Possible
March 30, 2009
Most law firms understand the need to plan for the implementation of records retention policies, but there has been little agreement on how to achieve this goal. Firms are acutely aware of the rising costs associated with storing physical data and the burden surrounding backup, maintenance and migration of electronic content. When faced with the need to produce information, be it at a client request or when compelled by a court, the more control a firm has over its data, the more efficient and cost effective this process will be.
Record Number of Cybersquatting Cases in '08
March 30, 2009
The World Intellectual Property Organization ("WIPO") reported that a record number of cybersquatting cases were filed in 2008: 2,329 complaints were filed under the Uniform Domain Name Resolution Policy ("UDRP"), an 8% increase over 2007.