Online Compliance Training
March 29, 2006
Online training is a mainstay of compliance training today. Companies recognize that there is no longer a good excuse for failing to train all at-risk employees on the compliance and ethics risks they face. But for some, the next decision has become, do I make my own online training, or do I use training that is available on a turnkey basis? At first there is a superficial appeal to creating your own ' I can do it myself, maybe save a few dollars, and have exactly what I want. But like many first impressions in compliance, there are more challenges here than first meet the eye. Here is a checklist of things to consider in deciding whether to make your own training or to use an existing turnkey system.
Online: Investigate Product Safety on the Web
March 29, 2006
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. It works to ensure the safety of consumer products — such as toys, cribs, power tools, cigarette lighters, and household chemicals, and claims it has contributed significantly to the 30% decline in the rate of deaths and injuries associated with consumer products over the past 30 years. The site, <i>www.cpsc.gov</i>, offers information (in English and Spanish) that could help protect consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard, or can injure children.
Child Abuse Deaths Prompt Massive Overhauls
February 28, 2006
Commissioner John B. Mattingly of New York City's Administration for Children's Services (ACS) recently issued a statement following the occasion of his 1-year anniversary at his post. Among the accomplishments trumpeted was the fact that his agency had "continued the historic decline in the number of New York City children living in foster care -- passing the 20,000 mark, the 19,000 mark, and the 18,000 mark, to the current census of nearly 17,300." Following publicity surrounding the recent deaths of several children in their homes after their families came under ACS's scrutiny -- some of them reunited with those families after initially having been taken away and others who arguably should have been separated from their families
Creating an Effective In-House Resource Guide
February 27, 2006
Living in the technology age, we are besieged by information: constant "breaking stories" on 24-hour news channels, e-mails at all hours to our handhelds, and phone calls to our cells. To remain competitive, companies have also followed the trend, providing reams of information and data to workers. As a result, employees now grapple with information overload and must evaluate and prioritize what information to read, disseminate and store, and what information to discard. This is a particularly significant problem for in-house counsel who must ensure that all employees have access to -- and know about -- information that is key to the operation of the company. More importantly, much of this information is meant to keep the company out of the courtroom and facing down litigation. So what's an in-house counsel to do?
Overmessaging
February 02, 2006
Dwelling on your "message" (or what you want to say) at the onset of any reporter's inquiry, or at any point during the reporting process to the exclusion of all of the other component parts of the reporter/source/communications professional interaction (deadlines, non-verbal cues, relationships, etc.), is sure to result in less than optimal coverage. This can only be described as "overmessaging" or "over-PRing" a situation.
Can a Remedies Opinion Be Given on an Equipment Lease?
February 02, 2006
We know what an equipment lease is. The Uniform Commercial Code defines it for us: "'Lease' means a transfer of the right to possession and use of goods for a period in return for consideration ... " UCC '2A-103(p). "Goods" include equipment. <i>Id.</i> '2A-103(n). If an agreement qualifies as a lease, then the "lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties." UCC '2A-301. What could be clearer?
Getting to Allowance: Seven Habits of Highly Effective Clients
February 01, 2006
<b>1) Tell Your Patent Attorney What You Want Your Patent to Do.</b> IP attorneys are continuously told that we should be business partners with our clients, not just patent scribes. But there are lots of ways to protect an invention. Be open and just tell us: Is the patent "for show or for go"? Is it perceived to be vital to the company or a "home run" for the university, or is it a safety filing to cover a limited advance to keep a productive inventor (or top boss) happy. Is it intended to be a shot in the dark, or part of a shotgun blast of applications into an important emerging technology? Don't walk into a car lot and say "I want your best car!" unless you really mean it.
Causes of Action for Loss of Cryopreserved Embryos
January 04, 2006
There has been much discussion of the ethics and liability issues created by recent advances in reproductive science. While fertility treatments allow couples that might otherwise not be able to conceive or carry a baby to term create much-wanted families, fertility clinics and the health care professionals working in them are dealing with a highly emotional issue. When patients don't get the results they wanted -- particularly when mistakes are made -- the chances of being sued run high.
Revised Article 9's Assignment Provisions: An Analysis
December 02, 2005
Chapter 4 of Revised Article 9, titled "Rights of Third Parties," deals with several issues affecting the assignment of accounts, leases, and other contract rights. See, in particular, Sections 9-403 to 9-409. These sections replace former Sections 9-206 and 9-318 and part of Section 2A-303. This article summarizes some of the key provisions of Chapter 4 of Revised Article 9, compares these provisions to former Article 9, and describes a few recent cases under this Chapter. Note that different rules apply in a consumer transaction or if the account debtor is an individual who incurred the obligation primarily for personal, family or household purposes; this article does not address these issues. In addition, this article does not address the assignment of a health care insurance receivable.
