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
The Virtual Taxman Cometh?
November 28, 2006
In <i>South Park</i>'s 147th episode, 'Make Love, Not Warcraft,' Stan, Kyle, Cartman and Kenny dedicate weeks of their lives playing World of Warcraft, determined to defeat a rogue player who keeps killing their online characters. Just when it appears that the boys will be defeated by this online evildoer, World of Warcraft executives rush in and deliver the Sword of a Thousand Truths, a superpowerful magical weapon that allows the boys to win their battle and carry the day. <br>But, wait, was that a taxable event?
Non-Traditional Sources of Electronic Data in Investigations
November 28, 2006
On the first of this month, the long-discussed and much-awaited amendments to the Federal Rules of Civil Procedure (FRCP) were scheduled to go into effect. This issue and the changes to the rules affect most particularly counsel advising clients in e-discovery matters, but e-discovery and the treatment of information and communications ' before discovery is developed or consider, or before lawsuits are filed ' are issues critical to e-commerce, and that will become more important as this segment of the economy grows, for businesses and for law firms.<br>This article describes how non-traditional sources of electronic data may provide important evidence in investigations. These data sources, including instant messaging (IM), voice mail, Web-based e-mail and sales-management systems, present unique challenges in terms of procuring and analyzing raw data.
Understanding and Utilizing Percentage Rent Provisions
November 28, 2006
As retailers like to say, 'The three most important factors in retailing are location, location, location.' The real value of a retail lease, however, resides in the volume of sales produced at the location; therefore, the provider of the location — namely, the landlord — is a key player in the retailer's success. That is why percentage rent has developed in retail leases as a way by which the landlord that provides a successful location might share to some degree in that success.
