Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Business Crimes Hotline
Recent rulings of importance to your practice.
In the Courts
Analysis of recent rulings you need to know.
Ten Tips for Handling Sensitive Investigations
The Enron, Tyco and WorldCom scandals have greatly heightened the fiduciary duties of directors and officers and the scrutiny paid to them. The spotlight on corporations and their managers is likely to shine brightly for years to come. This article offers ten practical tips for handling sensitive investigations in an era where shareholders, prosecutors, regulators and courts are likely to scrutinize the response of organizations to inevitable episodes of suspected corporate misconduct.
Court-Imposed Waiver of the Joint-Defense Privilege
Most defense attorneys enter into joint-defense agreements with the understanding that even if one of the signatories decides to withdraw from the agreement and cooperate with the government, the confidentiality provisions survive. Two recent decisions ' by the Eleventh Circuit and the Northern District of California ' have called provisions like these into question: <i>United States v. Almeida</i>, 341 F.3d 1318 (11th Cir. 2003); and <i>United States v. Stepney</i>, 246 F. Supp.2d 1069 (N.D. Cal. 2003). Any defense attorney who is considering entering into such an agreement should think twice &amp;emdash; especially if some party may choose, down the road, to cooperate with the government.
Nationwide Cybercrime Sweep Nets 125 Arrests
Attorney General John Ashcroft said recently that law-enforcement agents had arrested 125 suspects in a crackdown on Internet crimes ranging from hacking to fraud to selling stolen goods. The seven-week cybercrime sweep involved police from Ghana to Southern California and uncovered 125,000 victims who had lost more than $100 million, he told a news conference.
U.S. Supreme Court to Review Internet Porn Law
In deciding to review the constitutionality of the Child Online Protection Act, the U.S. Supreme Court will revisit Congress' efforts to protect children…
Legislative Update
The latest on legislation affecting the Internet.
Combating E-Identity Theft
The Internet has made commerce as close and as quick as a mouse click, but it has also caused a dramatic increase in e-identity theft. Due to the passive approach taken by Federal and state authorities toward combating it, legal practitioners must use statutes designed to eliminate unlawful actives associated with e-identity theft, to eradicate the theft itself.
Dogandpony.com: GE Unit Holds Online Bid Contest to Trim Outside Counsel
In a bold experiment, Stamford, CT-based General Electric Commercial Finance is buying outside legal services over the next 2 years through reverse-auction bidding ' in Internet chat rooms ' this month.
Philadelphia: The City of Brotherly Internet Law?
There must be something in the fiber-optic cable in Philadelphia. Why else would the U.S. Court of Appeals for the Third Circuit be such a hotbed for Internet policy making? For Stefan Presser, the longtime legal director of the ACLU of Pennsylvania, it is a hotbed blooming with work. Presser is a member of the legal team that filed a lawsuit against Pennsylvania attorney general Mike Fisher in September. The suit challenges a statute that allows the AG to force Internet service providers to block particular Web sites from being viewed by Pennsylvania residents that his office alleges contain child pornography.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›