EU and U.S. Data Regulations
You have likely already read a great deal more about the implications and requirements of Sarbanes Oxley (SOX) legislation than you would have otherwise liked. The new reporting, data retention and accountability regulations are of obvious import both legally and financially. What is of equal interest, however, for firms that are either multinational or do business overseas is the conceptual differences between this recent U.S. legislation and privacy legislation and regulations adopted in the EU. Essential in understanding where U.S. and EU data regulations conflict or compliment each other is understanding the root motivations behind each set of rules.
Canada Strikes At Spam
The Government of Canada's Task Force on Spam concluded that the current laws governing spam are not good enough. While Canada alone is not able to deal with the spam problem nationwide, it must at least deal with the spammers in its own backyard. The current legal framework contains some significant holes and the task force's recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.
Am Law 100's New Metric: Value Per Lawyer
For 20 years, The American Lawyer has measured the economics of law firms, first with The Am Law 50 and 75, more recently with The Am Law 200. Throughout, we've kept to the same metrics: gross, revenue per lawyer, profits per partner, and the Am Law Profitability Index (API). These lists helped inform and change the profession. (Note that we didn't say ruin.) We published them again this month with one significant addition that we think reflects the changed nature of the business of law: Value Per Lawyer (VPL).
Better Safe Than Sorry
Information technology has become an invaluable business tool around the world. With it, business ' the traditional kind and those that operate over wires (and wirelessly) ' including law firms are able to increase efficiency and lower costs. After all, information technology is the gateway to one of the e-commerce sector's most important assets: Information. <br>But what happens when information cannot be trusted? When it is vulnerable and exposed to Internet threats? When information is secure, it is trustworthy; anything less than that, and it simply loses its value.
Net News
Recent developments of note in the Internet industry. This month:<p>Google Sued Over 'Click Fraud' in Web Ads <br>Tech Firms Call for Approval of Cybercrime Treaty <br>Commission Proposes Single Online Rights System
Court Watch
Highlights of the latest franchising cases from around the country.
Oldsmobile Dealers, GM Remain at Odds
Some Oldsmobile franchisee-dealers remain dissatisfied with the financial settlements offered by General Motors Corp. ("GM") as compensation for GM's decision in December 2000 to phase out its Oldsmobile product line. Of the approximately 2800 Oldsmobile dealers who were operating when GM announced its phase out, fewer than 100 have not come to an agreement with GM, according to the automaker. Although numerous lawsuits have been filed in the past 2 1/2 years and some remain active, none have gone to trial so far.
Liability of U.S. Companies for Alleged Bribery By Foreign Subsidiaries
The Foreign Corrupt Practices Act (FCPA) provides two avenues by which a U.S. concern can be prosecuted for improper payments to foreign officials: the anti-bribery provisions, and the books-and-records and internal-control provisions. Somewhat unclear, however, is the kind of involvement in a foreign subsidiary a U.S. parent must have such that it might be exposed to criminal or civil enforcement. This article explores liability for misconduct of foreign subsidiaries and what preventive measures a parent can take.
Dilemma over Drug Safety
There is a newly urgent push from outside the pharmaceutical research and development community to get drug firms and the government to disclose the results of all tests conducted on new drugs and to immediately reveal information about problems that develop after those drugs go on the market. Consumers and health care providers say they're tired of finding out belatedly that negative information has come to light about the drugs they take or prescribe.
Are Prisoners Medical Captives?
In this article, we focus on prospective living organ donors who face capital punishment. Some of the issues raised may also apply to The use of prisoners as living organ donors raises many ethical concerns. As evidenced by the different decisions that have been reached in the cases cited, there is no clear consensus as to how these cases should be handled. Beyond weighing the motives and mental capacity of the prisoner, it is important to determine whether or not someone on death row is capable of giving truly informed consent to the transplant procedure. The fact that donating an organ could prolong an inmate's life can significantly influence the decision, whether by adding a rational incentive in the inmate's best interest, by creating conflict and mixed motives, or by compromising the inmate's decision-making ability even to the extent of exerting undue influence. Moreover, there needs to be an awareness of various secondary gains for a prisoner in consenting to organ donation. Such secondary gains as expressing genuine remorse or salvaging some sense of pride in the face of certain death by engaging in an altruistic act need not be denied to prisoners in the absence of a psychosis that impairs choice behavior.
