Net Charity Registration Requirements
June 28, 2005
As part of states' efforts to shield their residents against the fraud and other crime that might be perpetrated against them in the name of a sham charity, most charitable organizations must register within the state in which they are domiciled. Thirty-eight states and the District of Columbia, for instance, require charities to register in-state, and to file financial and other information prior to soliciting in those states. States, however, also routinely impose their registration requirements on out-of-state charities that solicit in state in traditional ways (<i>eg</i>, by having solicitors enter the state) or over the Internet. Charitable organizations that use the Internet to solicit contributions must register if they use their Internet solicitation specifically to target people in that state, or receive Internet contributions from the state on a repeated, ongoing basis, or what's defined as "a substantial basis."
Better Safe Than Sorry
June 28, 2005
Information technology has become an invaluable business tool around the world. With it, businesses ' 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.
Database Security Breaches: Legal Liability
June 28, 2005
The recent report of a possible compromise of information among as many as 40 million MasterCard customers demonstrated in frightening clarity the potential for digital data breaches as more and more information is stored and manipulated electronically by more and more people. For many companies, the issue has an impact on operations and marketing, quite aside from the dangers of potential legal liability. <br>More than ever, e-commerce firms are vulnerable to such problems and would do well to heed counsel's advice to take steps to avoid compromises and legal liability.
The Brand-Name Game's New Rules
June 28, 2005
Whether investigating new product-name availability or domain-name squatters and cybershysters, fee-based Web trademark search services do corporate legal departments' legwork. They also provide attorneys and staff with slick online tools to review and act on the information uncovered.
Paper Intake Forms Are 'So Yesterday'
June 27, 2005
Well it's about time. The days of filling out paper forms, and sending them through the office mail to only then have someone re-key them into a computer are gone. Double entry of information and paper forms are a waste of valuable time and money. Some law firms tend to be inefficient, thinking that a little inefficiency helps increase billable hours. We'll save that discussion for another time. Internal staff inefficiency is another story; this is hard cost, non-billable and is definitely money to a partner.
The Challenge of Electronic Records
June 27, 2005
Legal standards regarding electronic discovery and document retention have recently undergone a rapid transformation. Increased regulatory oversight of corporations and resulting record-keeping obligations, coupled with the increasing volume of electronic communication, have created new challenges with regard to document retention and production. More than 99% of information is now being created and stored electronically. Anything that can store, transmit, replay or access electronic data may potentially hold useful corporate records and electronic evidence. Recently, courts and regulators have issued a multitude of new obligations requiring document retention that attempt to define and reconcile the duties of parties and counsel with regard to electronic documents as the judiciary struggles to keep pace with technology.
Employee Background Checks: The Dos and Don'ts
June 27, 2005
Whether your company is in the Fortune 500 or a small independent business, hiring and retaining qualified honest employees is critical to your success. In fact, a recent study showed that almost half of all job applicants submitted inaccurate or incorrect information to their potential employees. Given these alarming statistics, it is vital that you conduct background checks even before making hiring decisions.
A Word from the Defense: Is Defending Vioxx a Recipe for Disaster? Take a Careful Look at Who Is Sounding the Alarm
June 14, 2005
The message from our plaintiffs' lawyer colleagues has been steady and direct: "Don't bother defending these cases — you're going to lose and you're going to lose big. Just pay us all lots of money now and save yourself a lot of pain and agony." And what other message would they send? Their goal is to reap the highest reward from the least amount of effort. Litigating every case on every level; financing and staffing hundreds of complex trials, and waiting for final appellate review of every verdict is no way to run a mass tort practice — at least not from the plaintiffs' perspective. Given this author's perspective, it makes sense to examine the options more carefully before deciding that the only way to avoid ruin is to wire massive sums into the trial bar's trust accounts.
