The Early Warning Signals of a Potential Media Crisis
January 01, 2004
Sixty-two percent of Americans equate "no comment" with "we're guilty", and the numbers have only gone up since Enron. A legal media strategy based on "no comment" is increasingly likely to lead to danger. An increasingly sensitive legal profession is confronting the same challenge on an almost daily basis: "I understand I need to be more vigilant about helping my client, and my own firm, navigate the landmines of high-profile cases. I know I need the skills to work with media professionals once the case goes public, but is there anything I can do before a problem gets dumped on my lap? How do I recognize the early warning signs of a potential crisis now, not when the reporters start calling?"
Keys to Good Presentations: 15 Rules for Getting Asked Back
January 01, 2004
One of the great keys to business development is the old adage, "Write, speak, sell." If you have figured out how to get into the media often enough to be perceived by your target audiences as an expert, then you will invariably be asked to speak at their conferences and meetings. This is your chance to develop personal relationships that lead to trust and, subsequently, new business. If audiences enjoy a speech, they are far more likely to want to create a relationship with you afterward. From such relationships flow the best business development opportunities. Unfortunately, most speakers, no matter how professionally qualified, focus on the substance and forget about the entertainment value of presentations.
Forfeiture Provision of Voluntary Stock Not Illegal
January 01, 2004
New York's highest court has issued an important decision interpreting Section 193 of the New York Labor Law, which prohibits employers from making deductions from an employee's wages except in limited circumstances.
CAN SPAM Act: A Compliance Challenge A Detailed Look At What The New Act Means For e-Commerce; Marketers May Still Have A Say
January 01, 2004
In recent years, Congress has considered, but failed to adopt, dozens of proposals to control unsolicited commercial e-mail. Meanwhile, more than half the states passed laws banning specific forms of e-mail deception and requiring affirmative disclosures. California's much-discussed anti-spam law took the next step, prohibiting commercial e-mail sent without consumers' affirmative, opt-in, consent. This legislation, which was set to take effect Jan. 1, forced the e-mail marketing industry to lobby Congress for less restrictive, pre-emptive federal legislation. The result was the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act of 2003 (the Act), which President Bush signed Dec. 16, and took effect Jan. 1. The Act pre-empts state laws, except to the extent that they prohibit any e-mail message or attachment falsity or deception. This article provides a detailed look at the new federal Act ' including the possibility for e-mail marketers to continue shaping the law in upcoming rulemaking proceedings.
File Sharing: A Problem for Congress or the Courts?
January 01, 2004
Online digital file sharing enjoys massive popularity. Its wide use, however, threatens to destroy the interests of copyright owners. Yet, its broad consumer support and touted technological potential have raised questions about who should bear the risks of such activity, and who — <i>ie,</i> Congress or the courts — should make such determinations.
The Psychology of Money in Marriage
January 01, 2004
Money is not seen by these people as the commodity it should be. Instead, it is fraught with feelings, messages and beliefs from family, society and personal experience. If money were seen as a commodity, your job would be much clearer.
Case Briefs
January 01, 2004
Highlights of the latest insurance cases from around the country.
Tax Shelters: Avoidance or Evasion?
January 01, 2004
Recent hearings of a subcommittee of the Senate Committee Governmental Affairs have again focused a harsh spotlight on the abusive use of tax shelters. As if to stress the point, On Dec. 29, 2003, the Treasury Department proposed changes to Circular 230 that "set high standards for the tax advisors and firms that provide opinions supporting tax-motivated transactions."
Sarbanes-Oxley Litigation Trap?
January 01, 2004
In-house counsel focused on complying with the Sarbanes-Oxley Act should be wary of falling into a trap that could increase the business risks and liability exposure of their company and its executives.
Net News
January 01, 2004
Recent developments in Internet law and in the Internet industry.
