Cyberinsurance for Data Security Risks
November 26, 2007
The harms that can result from computer security breaches are largely uncovered by the types of insurance policies most law firms maintain, and that makes those firms subject to unnecessary risk for theft of client data. Combined with the inadequate security most law firms provide for client data anyway, the resulting exposure risk may well violate legal professional ethics.
When Legal Spam Isn't Spam
November 26, 2007
Demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' <i>Douglas v. Talk America, Inc.</i> In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'
Transgender Employees
October 30, 2007
Part one of this article explained the terminology and discussed some of the challenges employers face in treating transgender employees in a nondiscriminatory manner. Part Two continues the discussion.
Company Interviews of Employees Suspected of Wrongdoing
October 30, 2007
Since Sarbanes-Oxley ('SOX') became law in 2002, companies have had a heightened interest in determining if there has been wrongdoing within their business. When a company has reason to believe that one or more employees may have engaged in practices that could expose it and them to civil lawsuits, regulatory actions or criminal charges, good business practice calls for the company to find out what occurred, who was involved, how extensive the conduct was, and how it happened. From the very beginning of this process, a particularly difficult issue is what employees interviewed in the company's investigation should be told about getting their own lawyers.
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
October 30, 2007
This article reviews the <i>Charney</i> case and applicable federal cases that might apply in workplace discrimination and relatiation situations, and points out the hidden dangers of local ordinances that attempt to regulate human behavior, and (arguably) even thought, in the workplace.
A Look At FIN 48
October 30, 2007
In an effort to increase comparability and consistency in how companies report income tax positions on financial statements, the Financial Accounting Standards Board ('FASB') issued FASB Interpretation Number 48 ('FIN 48'), Accounting for Uncertainty in Income Taxes on July 13, 2006. FIN 48 changes the way companies must account for uncertain tax positions taken on federal, state and local, and international income tax returns for financial reporting purposes.
Supplemental Bonuses
October 29, 2007
New York's Sullivan & Cromwell LLP plans to pay counsels and senior associates (fifth-year level and up) bonuses tied to the firm's financial performance.
