e-Commerce Up Again, Census Bureau Says
January 03, 2006
The estimated total net value of retail e-commerce sales in the third quarter was $22.3 billion, according to the U.S. Census Bureau. That figure, which accounts for 2.3% of all retail sales, is about $1 billion more than the estimated retail e-commerce activity in the second quarter.
Developments of Note
January 03, 2006
Recent developments in e-commerce law and in the e-commerce industry.
Best Option For e-Mail Recall, And Other Tips
January 03, 2006
If e-mail is ubiquitous in our lives, why don't more people follow some general, common-sense guidelines for composing, addressing and sending e-mails? This isn't a column on security; it's a look at some fundamental concepts that will keep you savvy about your e-mail habits, whether you run or advise an e-commerce enterprise, or plan to or not ' it's just an everyday, common-sense approach anyone can employ.
Compelling Private Company Employee Information
January 03, 2006
There has been much recent press about the USA Patriot Act, and in particular the seemingly unlimited power of the Federal Bureau of Investigation to issue National Security Letters (NSLs) as part of its efforts to combat terrorism (under 18 U.S.C. '2709). NSLs are a form of administrative subpoena issued by the FBI upon self-certification and are shrouded in a cloak of secrecy. Specifically, Section 2709 permits the FBI to demand the production of certain records where the FBI certifies that the materials are sought to "protect against international terrorism or clandestine intelligence activities." On a more controversial note, Section 2709 also contains a gag provision, which prohibits the recipient of an NSL from ever disclosing that the FBI has sought or obtained information pursuant to an NSL. To date, Section 2709 has received little judicial scrutiny, with reported controversies focusing on NSLs issued to Internet Service Providers and libraries. Now, NSLs are being issued to private corporations, with the FBI demanding the production of records regarding employees.
Hotline
January 03, 2006
Employer cannot make assumptions in "regarded as disabled" casesThe Fifth Circuit has ruled that an employer may not maintain a blanket policy to deny…
Nonprofit Governance Reform
January 03, 2006
Over the past 3 years, nonprofit organizations have wrestled with the degree to which they should undertake the types of governance reforms that are mandated for SEC registered companies under the terms of the Sarbanes-Oxley Act (SOX). Common reasons for proceeding slowly, or not at all, were that SOX does not apply to nonprofits, and except in a handful of states, such as California, there have been no state law mandates for change. There are also practical considerations that militate against strict application of SOX in the non-profit context, including significant differences in the development and expectations for board members, focus on mission rather that profitability and the overlay of federal exempt organization rules.
Asset Protection: Adequately Copyrighting Your Web Site
January 03, 2006
An often-overlooked component of a company's intellectual property portfolio is the company Web site. This is especially true in the fast-paced world of technology firms, whose primary emphasis is usually core technology in the form of patents or trade secrets. The Web site, as a matter of course, is the most innocuous of assets, but it's an asset nonetheless.
