State Regulation Of Prescriptions Online May Violate Commerce Clause
April 27, 2007
The New York State Narcotic Bureau of Enforcement is investigating companies in New Jersey, Mississippi and elsewhere for facilitating Internet prescription-medicine transactions. These facilitators include Web site owners, database providers and Internet service providers ' none of which has New York offices, assets or residents. But any indictments or convictions resulting from such New York investigations might be barred by the U.S. Constitution's Commerce Clause.
The Death of a Salesman ' Online
April 27, 2007
The situation is no better in today's competitive international and online economy than in 1949 when Arthur Miller penned his masterpiece 'Death of a Salesman' ' bleak and unforgiving. Whatever he or she might feel about a customer, the sales representative must follow the basic rule of sales: The customer is always right (even when the customer is wrong). With better and more readily accessible knowledge of competing sellers' pricing, customers can comparison shop for the lowest price almost without cost or delay. The lure of a slightly lower price online can make a customer forget the service and support that a good rep can provide. And all the goodwill established by the rep's prior work pales next to a slight price break, from the customer's perspective.
Information Security Breaches: Privacy Laws and Procedures
April 26, 2007
In the good old days, security concerns of tenants could generally be laid to rest simply by recourse to a good locksmith. In those simpler times, and without any association with security matters, landlords and property managers routinely gathered from tenants social security numbers and other information for purposes of protecting the landlord's interests when it came to tracking down miscreant tenants. Because this type of information was not subject to the widening panoply of privacy-related laws that are now becoming ubiquitous across the United States, no special arrangements were typically considered necessary to protect this information, and there was no particular risk or burden imposed on its holder. How things have changed. Nowadays, holding this type of information can constitute a double-edged sword, with any slip carrying with it the possibility of harm to the wielding hand.
Movers & Shakers
March 29, 2007
News about lawyers and law firms in the insurance industry.
e-Disclosure After the FTC Rule Amendments
March 28, 2007
Whatever qualms there may have been about e-disclosure should, with the release of the FTC's amended Franchise Rule, be resolved. Let the record be clear: The Federal Trade Commission ('FTC') has removed all doubt with respect to e-disclosure — it is now officially sanctioned. Whatever concern there may have been, at this stage, is a matter of history.
Practice Notes
March 28, 2007
Recent happenings of interest to you and your practice.
Information Security Obligations
March 27, 2007
This article outlines the requirements for providing notification of a security breach under state security breach notification laws by any company and the factors that a public company needs to take into account regarding whether to disclose a security breach under federal securities law.
Web Networks Reprogram Law Firm Marketing
March 27, 2007
Experts see social networks as the next wave of business opportunities to come from the Web ' opportunities that are being exploited by small startups and companies as large as The Coca-Cola Co.
