Out of Court and Onto the Web
November 29, 2006
If a doctor's mistakes can be broadcast over the Internet for all the world to see, will he or she be more or less likely to settle a claim? What about plaintiffs? What are the implications for them should their suits against doctors and hospitals some day become public knowledge?<br>Government entities, private groups and even disgruntled private citizens are starting to use the Internet to broadcast their displeasure with what they see as 'dangerous doctors' or 'money-grubbing plaintiffs,' spreading the reach of the Web beyond the boundaries of the litigation itself by naming names of those who sue or are sued for medical malpractice.
Policing Employees' Online Access at Work
November 29, 2006
What are the risks for employers in instances where employees use company computers to access, view, download, store and possibly forward pornography or engage in illegal activities? How can corporate counsel both prevent these abuses and handle investigations if they suspect some kind of prohibited conduct is occurring in the workplace? <br>Certainly, an employee's abuse of a company's computer systems can raise a number of legal concerns ' not only for the individual but also for the corporation. For example, cases abound where the contents of employee e-mails, computer downloads and other electronic communications are used as evidence in claims of discrimination or harassment in the workplace. Central to such claims is proof that the employer failed to take appropriate steps to prevent ' and promptly correct ' the unwelcome conduct.
Obtaining Rights For Music-Driven TV Productions
November 29, 2006
This is Part Two of a two-part interview, coordinated by <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher, with Santa Monica-CA-based entertainment Henry Root. In Part One, Root, who has extensive experience handling legal issues for music-driven television productions, discussed considerations in clearing rights in, and determining fees for, songs and sound recordings used in a production, as well as how option rights for the music are negotiated. Root also began, and continues here, a discussion of the issues to be negotiated for a record label to waive its exclusive right to the services of an artist who will appear in a TV music production. Root also discusses copyrights in artist TV performances, reciprocal rights with record labels, holdbacks on exploitation, and warranties and representations.
Managing the New Company Thief
November 29, 2006
It used to be that an employee desiring to steal $2 million from your company would have a hard time doing so unnoticed. Today, that employee can do so undetected while having a casual conversation with you in the office. Unfortunately, in the current environment, the legal system is not forgiving toward companies that take a more relaxed approach with respect to protecting their own sensitive information.
Electronic Health Records
November 29, 2006
While it's hardly the case that physicians are using electronic health records (EHR) in legion, it is the case that more than in previous times are implementing EHR technology in their practices. One result: A long-time-coming investment by physicians in technology to try to capture the practice and patient-care enhancements that futurists and other advocates of e-medicine in various forms have predicted.<br>Another result: Physicians and counsel representing them are being brought into the expanding scope of electronic discovery by confronting e-discovery while defending medical malpractice claims.
Developments of Note
November 28, 2006
Recent developments in e-commerce law and in the e-commerce industry.
States Eyeing Online Dating Industry
November 28, 2006
Several states recently began cracking down on the online dating industry by proposing new laws that would, among other things, mandate criminal background checks on all people looking for love on the Internet.
Targeting New e-Commerce Customers
November 28, 2006
Today, no one can ignore our society's commitment to provide the disabled as much access to public life as possible. From user-friendly parking spots to Braille-enabled touch pads to omnipresent curb cuts ' to cite just a few common examples ' the American ideal (if not always the practice) is clearly equal access.<br>In this holiday season, certainly that commitment extends to shopping. Major retailers, from Wal-Mart to Target to Toys R Us, all proclaim the accommodations available to the disabled at their stores in their print ads. Toys R Us even trumpets a special catalog for 'differently-abled kids' on its home page; after all, children enjoy presents ' and fantasizing about them ' whether or not they have a disability
