Fighting Retaliation Under Sarbanes-Oxley
January 01, 2004
In order to restore public confidence in the financial market, and to reduce the likelihood of future crises by ensuring that the public receives more information about possible corporate fraud, Congress enacted the Corporate and Criminal Fraud Accountability Act of 2002, otherwise known as Title VIII of the Sarbanes-Oxley Act of 2002 (the Act). To achieve its intended purpose, Congress included protection for employees of publicly traded companies who "blow the whistle" on their employers. Because the procedures, time limitations and standards of proof governing Sarbanes-Oxley Act retaliation claims are substantially different than those under state and federal anti-discrimination statutes that many companies are quite familiar with, companies and their counsel need to become aware of the differences.
Are You COBRA-Ready?
January 01, 2004
Early last year, the U.S. Department of Labor (DOL) published proposed regulations updating the notice and disclosure requirements applicable to health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). These proposed regulations update model notices, give disclosure guidance, and establish two new required COBRA notices. The proposed regulations were originally effective for plan years beginning on or after January 1, 2004. However, in September, the DOL announced a delayed effective date in order to allow employers and plan administrators time to comply with the new requirements. The effective date is now 6 months after the DOL's adoption of the final rules to implement the administrative changes required by the new rules. The DOL expects to issue final rules in early 2004.
Practice Tip: <B>Talk About the Internet ' It's Not Just for Data Anymore</b>
January 01, 2004
Controlling operational costs is a constant challenge and typically a priority for all law firms. Telephones ' phone switch and desk sets as well as local and long distance telephone service ' are a traditionally significant operational cost component, and a chronic administrative headache. Over the past few years, a set of technologies has evolved that offers the potential to take a big bite out of telephone costs, as well as significantly impact attorney and staff productivity. These emerging technologies are referred to as Voice Over Internet Protocol, or VoIP. Developments in speed and reliability of computer technologies combined with dramatic increases of Internet bandwidth have resulted in increasing quality and reliability of service. Since the mid-1990s, VoIP has moved from the virtual back alleys of the techie world to the front office of the enterprise. As a result, voice communication traffic routed over the Internet is rapidly expanding.
Bits & Bytes
January 01, 2004
Kroll Inc. has announced that it has acquired Oyez Legal Technologies Limited (OLT), the U.K. market leader in litigation support and legal information…
Product Review: Timeslips 2004
January 01, 2004
Version 2004 has several important new features that should justify upgrades by current Timeslips users, and create interest for new users as well.
What Lies Beneath: Technology That Supports Effective Compliance
January 01, 2004
Much has been written about the reporting requirements mandated by federal laws such as the Sarbanes-Oxley Act of 2002 (the Act), the Health Insurance Portability & Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act enacted in 1999 (GLBA), but less has been said about the technology that underlies successful efforts to comply. What is clear is that enterprise software and integrated records management are the only viable ways to meet these requirements. The software selected must take into account both changes in these requirements, and the prospect of future state and federal retention and reporting requirements. Since software doesn't exist in a vacuum, hardware and network considerations must be part of the overall system strategy. Law firms with corporate clients and corporate counsel need to be involved in the planning and implementation of such a system.
Cameo Clips
January 01, 2004
Recent cases in entertainment law.
Decision of Note: <B>Court Upholds Sound-Recording Synch Licenses For Recordings</B>
January 01, 2004
The U.S. District Court for the Southern District of New York decided that Universal Music Group had the right to issue synchronization licenses for the use of sound recordings of singer Connie Francis in motion pictures. <i>Franconero v. Universal Music Corp.</i>, 02-1963. The ruling is the latest to follow the New York Court of Appeals decision in <i>Greenfield v. Philles Records Inc.</i>, 98 N.Y.2d 562, 780 N.E.2d 166, 750 N.Y.S.2d 565 (2002), that a record company obtains rights that artists fail to reserve in recording agreements.
Peer-to-Peer Downloading Legalized in Canada
January 01, 2004
Before the Canadian Copyright Act was amended in 1998, copying any copyrighted sound recording for almost any purpose infringed copyright in Canada. The 1998 amendment legalized copying of sound recordings for the private use of the person who makes the copy. But it was unclear whether the amendment legalized Internet music downloading. In Dec. 2003, the Canadian Copyright Board determined that downloading music from peer-to-peer file-sharing services is legal as long as the downloaded file is used as a "personal copy." In its recent determination, however, the Board didn't declare uploading to be legal and stopped shy of completely legalizing peer-to-peer music trading.
Industry Bright Spot: Deals for Licensing Ring Tones For Use in Cell Phones
January 01, 2004
In an industry plagued by shrinking CD sales, the rapid growth in the consumer market for ring tones has been a music business bright spot. In fact, a number of companies have entered the market to provide musical compositions for use by consumers as ring tones for cell phones. The contracts for these companies to license songs from copyright owners vary, and this article touches on many of the issues involved.
