Med Mal News
January 01, 2004
Important news of interest to you and your practice.
What Lies Beneath: Technology That Supports Effective Compliance
January 01, 2004
Much has been written about the reporting requirements mandated by federal laws such as the Sarbanes-Oxley Act of 2002 (the Act), the Health Insurance Portability & Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act enacted in 1999 (GLBA), but less has been said about the technology that underlies successful efforts to comply. What is clear is that enterprise software and integrated records management are the only viable ways to meet these requirements. The software selected must take into account both changes in these requirements, and the prospect of future state and federal retention and reporting requirements. Since software doesn't exist in a vacuum, hardware and network considerations must be part of the overall system strategy. Law firms with corporate clients and corporate counsel need to be involved in the planning and implementation of such a system.
AFA President Discusses the Challenges of Being a Franchisee
January 01, 2004
For more than a decade, Susan P. Kezios has been one of the most outspoken and effective advocates for franchisees. The organization that she founded in 1993, the American Franchisee Association (AFA), lobbies on behalf of franchisees and conducts numerous educational seminars and conferences throughout the year. In this Q&A, Kezios discusses the most prominent challenges that franchisees face today and gives her "insider" perspective on how those challenges can be surmounted.
The Early Warning Signals of a Potential Media Crisis
January 01, 2004
Sixty-two percent of Americans equate "no comment" with "we're guilty", and the numbers have only gone up since Enron. A legal media strategy based on "no comment" is increasingly likely to lead to danger. An increasingly sensitive legal profession is confronting the same challenge on an almost daily basis: "I understand I need to be more vigilant about helping my client, and my own firm, navigate the landmines of high-profile cases. I know I need the skills to work with media professionals once the case goes public, but is there anything I can do before a problem gets dumped on my lap? How do I recognize the early warning signs of a potential crisis now, not when the reporters start calling?"
CAN SPAM Act: A Compliance Challenge A Detailed Look At What The New Act Means For e-Commerce; Marketers May Still Have A Say
January 01, 2004
In recent years, Congress has considered, but failed to adopt, dozens of proposals to control unsolicited commercial e-mail. Meanwhile, more than half the states passed laws banning specific forms of e-mail deception and requiring affirmative disclosures. California's much-discussed anti-spam law took the next step, prohibiting commercial e-mail sent without consumers' affirmative, opt-in, consent. This legislation, which was set to take effect Jan. 1, forced the e-mail marketing industry to lobby Congress for less restrictive, pre-emptive federal legislation. The result was the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act of 2003 (the Act), which President Bush signed Dec. 16, and took effect Jan. 1. The Act pre-empts state laws, except to the extent that they prohibit any e-mail message or attachment falsity or deception. This article provides a detailed look at the new federal Act ' including the possibility for e-mail marketers to continue shaping the law in upcoming rulemaking proceedings.
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.
