Dragnet On the Internet
September 19, 2003
This article sheds some light on how investigators in one large U.S. city are using technology to fight e-commerce crime.
Taxing The Sale Of Digital Goods In Europe
September 19, 2003
On July 1, new legislation concerning the application of value-added tax (VAT) to sales of digital goods within the European Union became effective. While the legislation is European, it will have important implications for companies based outside of the EU to the extent that such companies sell digital goods to consumers based in one of the EU countries.
The Importance Of Encryption ' and Planning
September 19, 2003
The impact of California's new security breach disclosure law ' which requires state agencies and businesses that conduct commerce in California to notify California residents that certain circumstances ' is being carefully monitored by boards of directors, legislators, regulators and other concerned parties nationwide.
The <i>Horn</i> Decision: Significant Victory for Employers
September 19, 2003
New York's Court of Appeals recently issued an important decision in which it declined to expand the narrow exception to the 'at-will' employment doctrine enunciated in <i>Wieder v. Skala</i> for attorneys to physicians employed by non-medical employers. The court's decision in <i>Horn</i>, however, arguably is limited to that particular class of physicians whose duties are not limited to providing medical treatment, but include non-medical-related management responsibilities as well. Consequently, the court will likely be faced with future attempts by professionals, including physicians employed by medical employers, to expand the Wieder doctrine to them.
Understanding the ADA's 'Reassignment' Obligation
September 19, 2003
One of the most controversial questions since the passage of the Americans with Disabilities Act of 1990 (ADA) has been whether an employer must reassign an employee who can no longer perform his or her job because of a disability. After years of conflicting decisions and arguments, the answer is now easy ' yes.
Who Will Run Your Franchised Hotel?
September 17, 2003
Management agreements provide the vehicle through which investors in hotels, restaurants, and other commercial properties engage professional managers to operate their properties. The practice began in the lodging industry after the end of World War II when hotel construction boomed in response to demand from middle-class American families for clean, moderately priced travel accommodations ' the same demand that spawned the Holiday Inn chain and other lodging industry franchises. Investors with no experience in hotel management fueled the boom in hotel construction with their capital, but professional managers generated the returns on investment the investors craved.
CASES IN COURT
September 16, 2003
The U.S. Supreme Court recently issued a landmark decision in a much anticipated case, Cook County v. United States ex rel. Chandler, 2003 WL 890268, S.Ct. (March 10, 2003). The Court's unanimous opinion authored by Justice Souter resolved a split among the circuit courts by holding that municipal corporations are 'persons' amenable to qui tam actions under the False Claims Act, and subject to the imposition of civil penalties, treble damages, and costs.
REGULATORY DEVELOPMENTS
September 16, 2003
On March 13, 2003, Tommy G. Thompson, Secretary of the U.S. Department of Health and Human Services (HHS), announced two proposed rules from the Food and Drug Administration (FDA) that are intended to improve patient safety and are part of a strategic initiative by the FDA to reduce adverse events involving products that it regulates.
