Jaffe Legal News Service - Top StoriesThe Jaffe Legal News Service (JLNS) is a free, weekly email tipsheet sent to reporters and editors who either cover the legal industry or who rely on legal experts as part of their reporting. It is a way for law firms to put their news and the expertise of their attorneys in front of more than 850 members of the media who have opted in to receive the feed and see it as a valuable source for story ideas and analysis of legal topics.FTC Announces New Rules Governing CAN-SPAM- (Found June 24, 2008 ) Recently, the Federal Trade Commission (FTC) issued 100 pages of new regulations and guidance on compliance related to CAN-SPAM, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. The Act was implemented to reduce fraud and stem the tide of unwanted commercial email messages to consumers. The Act required, among other things, that commercial emails give consumers the ability to opt-out of future solicitations and requires marketers to make efforts to identify...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7870&Sec... Student Privacy: Weighing Rights Versus Risks- (Found June 24, 2008 ) Tragedies such as the Virginia Tech shooting raise questions for college and university administrators and health services staff regarding the balance between student privacy rights and risks to the broader school community. "In the past, administrators have been wary of either sharing information or acting on it, for fear of violating student privacy rights. In fact, schools have more options than they may realize with respect to sharing information," says Elizabeth Brody Gluck, a partner in...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7931&Sec... Stop That Treadmill: The Risks of Corporate Wellness Programs- (Found June 24, 2008 ) Whether it's to provide a healthier workplace for employees, or an attempt to cut ballooning health care costs, or both, employers are increasingly investing in corporate wellness programs. "There's a significant incentive for companies, particularly self-insured companies, to provide wellness programs for employees. The cost of employee healthcare has become a huge line item, and healthier employees are more productive employees," says Elizabeth Brody Gluck, a partner in the Health Law...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7932&Sec... Physician Email Policies- (Found June 24, 2008 ) Though their patients may have been using email for years, many doctors are still wrapping their heads around whether and how to use this form of communication in their practice. "Doctors frequently ask if they should use email to communicate with patients, and, if so, what the legal risks are, " says Elizabeth Brody Gluck, a partner in the Health Law Practice Group at Verrill Dana, LLP (Boston). She counsels doctors and physician groups on establishing email policies. She notes that there are..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7933&Sec... Online Bank and Trading Accounts at Risk for Hijacking- (Found June 24, 2008 ) There is a new threat making its way through bank and stock brokerage accounts across the country called "hijacking." According to two recent cases filed by the Securities and Exchange Commission, the scam takes place when a hijacker buys shares of a company's stock in a legitimate online stock brokerage account using an alias. Then, the hijacker hacks into the online trading accounts of victims at various broker-dealers or banks. Using the cash balance in the account — or by liquidating..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7896&Sec... Turning Brownfields Green- (Found June 24, 2008 ) When it comes to green development, brownfield remediation and development plays a key role in providing attainable options in an environment where urban property values have made many projects unviable. Utilizing brownfields for green development is becoming a popular approach, but they require an astute knowledge of the property's history as it relates to hazardous waste and environmental contamination. "Once the property is deemed appropriate for a new, sustainable building, developers can...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7897&Sec... Betting on Skill: The Case for Loosening Up EU Online Poker Regulations- (Found June 24, 2008 ) The future of online poker in the European Union may rest on whether the courts find the game to be one of chance or skill. "Some law enforcement authorities in member countries such as Germany consider online poker a game of chance, and therefore it must be licensed. This often prevents private companies from offering online poker as frequently only institutions or companies under the direct control of a government authority may obtain gambling licenses," say Dr. Axel Freiherr von dem Bussche..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7898&Sec... U.S. Supreme Court Decision Allows Retaliation Claims Under Section 1981- (Found June 24, 2008 ) A 7-2 decision by the U.S. Supreme Court on Tuesday substantially expands plaintiffs' recourse under federal law in retaliation claims based on race. In reviewing CBOCS West, Inc. v. Humphries, the question before the Court was whether an employee can sue for retaliatory race discrimination based on Section 1981 of the Civil Rights Act of 1866. The plaintiff, an African-American employee of Cracker Barrel, had his initial racial discrimination suit against his employer dismissed when he filed...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7868&Sec... 7th Circuit Appeals Court Considers Banks, Checks and Liability- (Found June 24, 2008 ) Two of the country's largest financial and insurance institutions await the Seventh Circuit U.S. Court of Appeals to rule on a matter involving large-scale check and mail fraud by an individual, check ownership, claims for check conversion, the Uniform Commercial Code, the Illinois Commercial Code and the U.S. banking system's check clearing processes. The Seventh Circuit will soon decide whether to uphold the district court's August 24, 2007, ruling granting summary judgment to Citibank which..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7869&Sec... DC Political Wrangling Could Limit Medicare Patient Access to Doctors- (Found June 24, 2008 ) It is looking more and more likely that DC lawmakers won't make a June 30 deadline to prevent a cut in Medicare reimbursement rates for physicians and that could significantly impact seniors' access to doctors. "What will happen, and it's already starting, is that you'll see an acceleration of physicians no longer taking new Medicare patients. They will keep the ones they have, as doctors don't abandon patients, but they won't accept new ones, says Julius W. Hobson, Jr., a Senior Policy Advisor.http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7733&Sec... |