<i>Legislative Update</i> Federal And State Governments Turn Their Attention To Spyware And Adware
July 30, 2004
Legislative proposals to regulate spyware and adware have proliferated in Congress and in state legislatures in recent months. To date, only one state ' Utah ' has enacted legislation (enforcement of which as of mid-July had been temporarily enjoined on Constitutional grounds), but several other states and Congress may well do so before the end of the year. <br>This article describes the various legislative proposals for the regulation of spyware and adware, and their potential impact on e-commerce ' and provides a snapshot of these efforts' status as of the beginning of August.
Online: Web Site Offers 'Quality' Services
July 30, 2004
The American Society for Quality (ASQ), <i>www.asq.org,</i> headquartered in Milwaukee, was formed Feb. 16, 1946. The purpose of the 104,000-member professional association is to create better workplaces and communities worldwide by advancing learning, quality improvement, and knowledge exchange to improve business results. ASQ makes its officers and member experts available to inform and advise Congress, government agencies, state legislatures, and other groups and individuals on quality-related topics. ASQ representatives have provided testimony on issues such as training, health care quality, education, transportation safety, quality management in the federal government, licensing for quality professionals, and more.
Unique Settlement Ruling in Smart World Case
July 29, 2004
It is the uncommon occasion when creditors seek the Bankruptcy Court's assistance to impose a settlement that compromises the debtor's asserted rights to recovery against third parties. While settlements are typically preferable to the debtor's engagement in contested and costly litigation, it is a challenge to convince a court to compromise a debtor's asserted claims. In a recent case in the United States Bankruptcy Court for the Southern District of New York, a settlement was negotiated and ultimately approved by the Bankruptcy Court over the vigorous objection of the debtors-in-possession (the "Debtors"), resolving a hotly contested adversary proceeding and third party claims.
Rogue Online Drugstores
July 29, 2004
In last month's newsletter, we looked at the problems posed by online pharmaceutical distributors that do not follow good pharmacy practice. These "rogue" pharmaceutical sites may be buying expired, substandard, contaminated or counterfeited products. Some sell without requiring customers to present prescriptions. The consumer may not be receiving proper medical oversight, which can result in administration of incorrect dosages, wrong or contraindicated drugs, or medication without adequate directions for use. These activities risk the reputations of pharmaceutical manufacturers and put them in greater peril of being sued by consumers whose adverse medical reactions could have been avoided. So, what can be done about it? Part Two of a Two-Part Article.
HIPAA 2004: A Review of Significant Litigated Cases
July 22, 2004
<b><i>Part One of a Three-Part Article</i></b>. Since its enactment, with perhaps only three significant exceptions, the provisions of the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA) have not been litigated. In the majority of cases where HIPAA has been the subject of litigation -- less than 50 -- litigants have raised HIPAA provisions as an issue, but only tangentially as part of a "throw away" argument, or in a meaningful manner but where the answer was immediately clear from the case's inception. Three federal cases, however, merit analysis, since they go to the heart of HIPAA, the government's broad attempt to safeguard medical records in the electronic age.
Medical Information: Making It Simple
July 22, 2004
Communicating complicated medical information precisely and simply can make or break a legal case, but imparting this information in a compelling way is no easy task. Descriptions of complex medical procedures and conditions can be difficult for the average person to understand, let alone remember. Advances over the last decade in computer processing of medical images and rapid manufacturing techniques can provide the basis for an important development in medical-legal communication.
A Gala Day for Comparative Advertising
July 12, 2004
Given the expense and burden of resolving false advertising cases in federal court, the promise of an expedient and less expensive alternate forum invites attention. Adding to speed and thrift an assurance that ads will be assessed by experts in the field makes the forum more interesting still. What is this alluring avenue of adjudication? For 33 years, the National Advertising Division of the Better Business Bureau (NAD) has sought to provide just such a mechanism. Yet, even for long-time veterans of federal proceedings, the NAD may be terra incognita. One recent decision by the NAD, <i>In re Distillerie Stock USA Ltd.,</i> NAD Case No. 4197 (June 2004), reveals both benefits and drawbacks of the forum, particularly in how some familiar yet some unique allocations of the burdens of proof can produce results both similar to and quite unlike those in federal court.
Ethereal Asset
July 07, 2004
In the past 10 years intellectual property lawyers have become the profession's "it" boys and girls, if not quite rock stars. Law firms want to acquire them and are willing to pay them handsomely. Law students see IP as their meal ticket. And, most importantly, corporations want to retain them, as executives have begun to realize that ' in the words of Federal Reserve Board chairman Alan Greenspan ' "the economic product of the United States has become predominantly conceptual." <br>Intellectual property law is the container that creates value for Greenspan's conceptual assets ' stuff like biotechnology discoveries and circuitry design that is hard to create but comparatively easy to duplicate. IP lawyers are the enforcers of this peculiar brand of law, and frequently they are also the managers of this peculiar brand of asset. IP lawyers are in the catbird seat ' highly desirable free agents as firms chase talent, and highly sought-after corporate counselors. Can the good times last forever?
