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New California Marketing Laws and How They May Impact Your Business ( May 2004 )
Two California laws are scheduled to take effect in the coming months, one on July 1, 2004 and one on January 1, 2005, that may significantly impact your business, even if your business is not based in California. These laws govern marketing activity and the collection of information from California residents. -
Effects of the CAN-SPAM Act on E-Mail Marketing ( May 2004 )
A common marketing technique today is for businesses to send unsolicited e-mail messages to a targeted group of recipients. Even when e-mail advertisements notify recipients that they may "opt out" of receiving future e-mails, such e-mail campaigns may be significantly impacted by a new federal law known as the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003," or the "CAN-SPAM Act." -
Securities Law Alert: April 16, 2004 ( April 2004 )
A new rule, Rule 13(k)-1, is intended to make the treatment of foreign banks equivalent to domestic banks under Section 13(k). Also, the SEC recently voted to publish for comment proposed rule and form amendments relating to public shell companies. -
Employment Relations Alert: March 2004, Issue 14. ( April 2004 )
On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) and other federal agencies issued long overdue proposed guidance on the definition of who is an applicant, including when a person applies for a job via the Internet. The definition of applicant is particularly important to federal government contractors because they must track the race and sex of applicants and analyze whether hiring practices, policies or procedures have a "disparate impact" on minority and women applicants. -
Planting the Seeds of Change in Florida ( March 2004 )
Since taking over game promotion duties, the Florida Department of Agriculture and Consumer Services has taken an extremely aggressive posture with respect to the enforcement of the Florida Games of Chance Statute § 849.094, which sets forth registration, bonding, advertising and fulfillment requirements for game promotions conducted within the state. -
European Court Establishes Broad Interpretation of Data Privacy Law ( March 2004 )
The European Court of Justice recently handed down a significant ruling which clarified the application of the European Data Protection Directive to the posting of personal data on Internet websites. The ruling has important implications for all individuals and companies that post personal data on the Internet. -
Defining an "Applicant" in the High Tech World: Emploment Law Alert, March 2004 ( March 2004 )
This alert discusses the guidance provided by the Uniform Guidelines on Employee Selection Procedures. By adopting a few simple procedures and ensuring that human resources staff handling the recruitment and selection process are well trained, employers will be able to use the advantages of technology for recruiting and hiring while still adhering to UGESP requirements. -
Maryland Courts Establish New Business and Technology Case Management Program ( February 2004 )
Maryland Rule 16-205 established the Maryland Business and Technology Case Management Program to enable each Maryland circuit court to handle business and technology matters in a coordinated, efficient, and responsive manner. Maryland, which is home to a large concentration of biotech and aerospace companies, hopes the new program will increase the State's reputation as a premier forum for the effective resolution of complex technology disputes. -
March 2004 Employment Law Alert ( February 2004 )
Contains discussions on suing ex-employees for defamatory web postings, employers access to employee e-mail, do-not-rehire policy decision deferral, EEOC's mediation program, work rules with discipline consequences in union workforce, and NLRB voting patterns. -
The Law Protects The "Unauthorized" Access To Computer Data: How You Can Shape The Law While At The Same Time Protecting Your Data ( January 2004 )
The computer and the Internet have dramatically changed the playing field of industrial espionage. Now, customer lists, marketing and strategic plans and financial information can be passed to the competition with a simple click of the mouse, and a high school hacker can break into computers that store a wealth of personal information.
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