Managing Online Privacy
October 01, 2003
e-Commerce has grown faster and larger than anyone could ever have predicted. By its nature, e-commerce is intricately linked to consumer privacy, and privacy concerns are at an all-time high. Privacy concerns will only continue to grow along with e-commerce. Having the best technology is no longer the key to success in the online world. e-Businesses that take consumer privacy seriously will leave their less-responsive competitors behind. And at a time when identity theft is a common occurrence and major concern, consumers are demanding reliable and trustworthy relationships from e-vendors.
Selecting a Winning Web Hosting Relationship
October 01, 2003
Ultimately, the success or failure of an e-commerce Web site is determined by how carefully its owners select a hosting provider. <BR>With thousands of hosting firms from which to choose, hosting-services consumers often learn the hard way that they should have been wary - by experiencing poor service and performance, unforeseen costs and, the ultimate risk, failure or unadvertised acquisition of their hosting provider.
Feeding the Beast: Improving Time-tracking
October 01, 2003
After all the sophisticated analysis and strategies are stripped away, the key to a successful law practice often comes down to getting the fundamentals right. Just as the success of a baseball team ultimately depends on the proper execution of "throw, catch and hit," so too law firms have to facilitate the execution of those processes which are fundamental to the firm's business. The time-tracking process is the one law firm fundamental that has proven to be the most resistant to improvement. Yet, this tradition-bound process can most benefit from a fresh all-inclusive approach.
ASCII: The 8-Track of Electronic Transcript Technology?
October 01, 2003
The legal industry is known as one resistant to change. For instance, many legal professionals still consider Word Perfect 5.1 as the word processing "Mecca." The same can be said of receiving transcripts electronically; the standard for transcripts in many lawyers' minds is ASCII. The use of this antiquated format for transcript distribution led to the innovation of technology to better control how transcripts are viewed. Now, greater benefits are available to both the transcript author and the customers who use this technology for transcript dissemination and viewing. Just as DOS was replaced with Windows, improved electronic transcript technology has supplanted the use of ASCII transcripts.
HIPAA: Data Trade Prosecutions on the Horizon?
October 01, 2003
Mention HIPAA (the Health Insurance Portability and Accountability Act) to a typical CEO, and boredom sets in. Many corporate leaders remain unaware of the risks of HIPAA non-compliance, but the Act includes a criminal statute that creates vast potential exposure for health care providers and other players in the health care "data trade."
Bit Parts
October 01, 2003
Recent developments in entertainment law.
The Role of Motive in Franchise Termination Cases
October 01, 2003
Should the franchisor's motive in a franchise termination case ever become the central issue? Some courts answer that seeking the true reason for termination is the target inquiry, as if a franchisor could not have a mixed motive for termination. The question turns the trial into a search as to whether the franchisor has breached an implied covenant of good faith and fair dealing which augments the terms of a written franchise agreement. Often the outcome depends on where in the life of the franchise relationship the dispute arises. At the end of the relationship, courts considering the propriety of termination and nonrenewal often treat the role of good faith and fair dealing differently than when, for example, reviewing whether the franchisor imposed unreasonable standards of performance.
How UK Franchisors Protect Their Trade Secrets
October 01, 2003
As in the United States, franchisors in the United Kingdom usually invest in protecting their brand by way of trademark registrations, usually a Community Trade Mark (CTM). However, although they spend a considerable amount of time, money, and resources developing their customer databases and refining their business methodologies and know-how (and detailing this in the franchise Operations Manual, to which their franchisees and employees are given access), U.S. franchisors rarely seem to devote the same resources to protecting these trade secrets in the United Kingdom.
