E-mail: The New Records Management Frontier
January 01, 2004
Law firms have historically recognized the need to keep all legal matters in some kind of permanent file. For that reason, the position of record manager is well known. But the definition of a record has expanded in scope with the proliferation of communications technology and means by which to store communications. The definition of a record, for example, now encompasses all computer-generated documents. It's significant to firms that advise e-commerce ventures, and the ventures themselves, that the new definition of a record includes e-mail and e-mail attachments. This article will explore the differences between records and documents, the unique challenge e-mail represents and issues to be aware of when setting up a cutting-edge records-management system.
File Sharing: A Problem for Congress or the Courts?
January 01, 2004
Online digital file sharing enjoys massive popularity. Its wide use, however, threatens to destroy the interests of copyright owners. Yet, its broad consumer support and touted technological potential have raised questions about who should bear the risks of such activity, and who — <i>ie,</i> Congress or the courts — should make such determinations.
Using Lease Provisions to Address Mold Growth
January 01, 2004
Mold growth has existed for centuries; litigation involving mold growth, however, has come into vogue only recently. Such litigation, despite its relative infancy, has proven costly to a variety of parties involved in the real estate industry — builders, property management companies, product manufacturers, commercial property owners, and insurers, among others. Verdicts in mold damage cases have occasionally reached multimillion dollar levels, while additional cases undoubtedly have settled for significant amounts. Landlords potentially could face major damage claims resulting from mold growth, and therefore it is recommended that landlords address mold-related issues by including in most leases specific provisions regarding mold growth.
Case Briefs
January 01, 2004
Highlights of the latest insurance cases from around the country.
Selling 'Free and Clear': Will It Continue?
January 01, 2004
Section 363(f) of the Bankruptcy Code provides an extraordinary tool to trustees and debtors in possession -- the ability to sell property "free and clear." This unique power, unavailable to a seller outside bankruptcy, not only facilitates the tasks of liquidation or reorganization, but it may even be the critical incentive for entering bankruptcy in the first place. It has now become the principal focus of many Chapter 11 cases.
Proposed New Accounting Rules Rile Franchisors, Franchisees
December 01, 2003
<i>In the wake of accounting scandals involving Enron, WorldCom, and other companies, the Financial Accounting Standards Board (FASB) is upgrading many rules to force public companies to provide more information about their finances. One of the areas it is addressing relates to how the primary company's financial obligations toward "variable interest entities" are shown on its balance sheet. These rules are aimed primarily at companies that have controlling interests in other companies and, as was the case with Enron, potentially could use those companies to hide their own financial obligations.</i>
Cameo Clips
December 01, 2003
Recent cases in entertainment law.
Hotline
December 01, 2003
Recent developments of interest to corporate counsel.
