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NORTH AMERICA
DISCOVERY VS. PRIVACY: WHEN LAWS IMPLEMENTING THE E.U. DIRECTIVE ON DATA PROTECTION CONFLICT WITH U.S. DISCOVERY RULES
Beirne, Maynard & Parsons, L.L.P., Texas
by David. E. Sharp
Discovery of electronically stored information, so-called e-discovery, has been much discussed in light of proposed, now recently effective, e-discovery provisions of the Federal Rules of Civil Procedure . In a world with numerous international transactions and multinational corporations, courts, litigants and witnesses can expect various requests for electronic information covered by the European Union's Directive On Data Protection. (“E.U. Directive”), including its well-publicized provisions protecting privacy and prohibiting data transfers. This article briefly discusses the potential for conflict between the e-discovery rules and laws implementing the E.U. Directive and the general rules that a court in the United States may be expected to apply in resolving any such conflict.
[FULL STORY]
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SUNDANCE 2006
Lommen Abdo Cole King & Stageberg, P.A, Minneapolis
by Daniel M. Satorius
(Originally published in ENTERTAINMENT & SPORTS LAWYER – A Publication of the ABA Forum on the Entertainment and Sports Industries. Volume 23, Number 4, Winter 2006)
Of the hundreds film festivals in the United States, the premiere film festival for the independent film industry is the Sundance Film Festival held each year in January in Park City, Utah. Sundance, now in its 25th year, has defined and directed independent film industry for many years. It is the over-caffeinated, over-crowded and over-affected must-attend event of the year for independent film.
[FULL STORY]
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THE RAILWAY LABOR ACT – GOVERNING THE AIRLINE INDUSTRY©*
Arnstein & Lehr LLP, Miami, USA
by Harry Turk
The Railway Labor Act, as amended, 45 U.S.C. § 151 et seq. ("RLA" or "Act"), was enacted in 1926 to encourage collective bargaining by railroads and their employees in order to prevent wasteful strikes and interruptions of interstate commerce. It is the basic body of law defining employee/employer labor rights and duties. The Act was extended to encompass disputes between air carriers and their employees in 1936. 45 U.S.C. § 181.
[FULL STORY]
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PROTECTING A NONPROFIT ORGANIZATION'S OFFICERS, DIRECTORS AND MANAGERS
Harrison & Moberly, LLP, Indianapolis
by David Williams Russell
In our post-Enron world, non-profits are under more and different scrutiny then ever before. Charity hospitals formed to benefit the poor are found to be substantially overcharging to a massive extent their very poorest patrons who are unable to afford health insurance, while offering cut-rate coverage to patrons wealthy enough to subscribe to health plans which have the clout to bargain for cheaper hospital fees for their customers. The NCAA’s multi-million dollar television contracts are being contrasted with way below average graduation rates for high profile college athletes and its eligibility to be tax exempt is under fire. Televangelists, who raise millions for Africa relief, but spend pittances on this while rewarding themselves with multimillion dollar homes and salaries are losing their tax exemptions.
[FULL STORY]
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HOMELAND SECURITY PROMULGATES FINAL RULE FOR IMPLEMENTATION OF SAFETY ACT
WolfBlock Public Strategies, LLC, Washington
SAFETY Act provides significant liability protections for technology firms developing or selling anti-terrorism products.
Four years after the SAFETY Act was enacted to provide limited liability for companies selling anti-terrorism products, the Department of Homeland Security has issued a final rule implementing the Act. Gaining the SAFETY Act’s protections can be an important step for companies offering anti-terrorism technology.
[FULL STORY]
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PERFECT SELLER - COMMERCIAL REAL ESTATE TRANSACTIONS
Arnstein & Lehr, LLP , Chicago
by R. Kymn Harp
Commercial real estate Sellers are funny people. Not "ha ha" funny, but funny in the
sense that they sometimes have an odd way of looking at things.
This is not an indictment against any unique class of people. Lets face it, sooner or later virtually all commercial real estate Buyers become commercial real estate Sellers. It is simply a recognition of an odd twist that occurs in the mindset of many commercial real estate investors when the tables are turned and they become Sellers instead of Buyers.
[FULL STORY]
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