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RECMGMT-L  December 2002

RECMGMT-L December 2002

Subject:

RAIN 1208 Weekly Update: Legal (15)

From:

Peter Kurilecz <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Sun, 8 Dec 2002 16:38:39 EST

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (228 lines)

ITBusiness.ca 11/28/02
Avoid e-mail archiving at your peril: Lawyer
by Jennifer Brown
A paper shredder works wonders on a paper trail, but getting data trails to
disappear is another matter.
Count Enron and Arthur Andersen among those who learned the hard way when 
e-mail and document management became a very public learning experience.
http://www.itbusiness.ca/index.asp?theaction=61&lid=1&sid=50755


Cleveland Plain Dealer 12/01/02
Hidden in plain view
John Mangels and John Funk
Plain Dealer Reporters
As stark as a morgue photo, the picture from FirstEnergy Corp.'s files 
captures a
reactor in distress.
http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/103874220321453

0.xml


Los Angeles Times 12/02/02
Pirated Files Clog College Networks
Student downloads flood systems and draw complaints from entertainment firms.
http://www.latimes.com/la-me-piracy2dec02001431.htmlstory


The Mercury News 12/02/02
Copyright cartel still winning most of the time
By Dan Gillmor
Mercury News Technology Columnist
As the war over ``intellectual property'' spreads to new legal fronts, the 
copyright cartel and its allies are winning most of the battles. Here and 
there, however, we can find glimmers of hope.
http://www.siliconvalley.com/mld/siliconvalley/business/columnists/4647139.htm






Foster's/Citizen Online 12/02/02

Keene Sentinel asks to intervene in dispute over divorce records

By KATHARINE WEBSTER

Associated Press Writer

CONCORD, N.H. (AP) — The Keene Sentinel has asked the state Supreme Court for

permission to intervene in a dispute over public access to court records — if 
the court agrees to consider granting more privacy in divorces.

In a motion filed last week, the newspaper argued that a prominent lawyer’s 
efforts to keep his divorce records sealed could restrict the public’s right 
to monitor the workings of state courts and the newspaper’s right to report 
on "newsworthy matters."

http://www4.fosters.com/news2002/dec_02/dec02_02/news/reg_nh1202p.asp


The New York Times 12/02/02

Microsoft amends .Net Server licensing

http://www.nytimes.com/cnet/CNET_2100-1001-975725.html?





The News-Sentinel 12/03/02

Abortion records case cleared for appeal

By AMY GEIER EDGAR

Associated Press

COLUMBIA, S.C. - A federal appeals court has cleared the way for an appeal to 
the U.S. Supreme Court on whether South Carolina law should allow the medical 
records of abortion patients to be copied and removed from clinics.

http://www.fortwayne.com/mld/newssentinel/news/local/4657918.htm





The New York Times 12/03/02

Doing Business by Cellphone Creates New Liability Issues

http://www.nytimes.com/2002/12/03/technology/03CELL.html?





atnewyork.com 12/03/02

SEC Slaps Wall Street Over E-mail

By Ryan Naraine

Five Wall Street broker-dealers have been slapped with fines totaling $8.25 
million for lax record-keeping concerning e-mail communications, the 
Securities and Exchange Commission (SEC) said on Tuesday.

http://www.atnewyork.com/news/article.php/1551141



http://money.cnn.com/2002/12/03/news/sec_fines/





http://www.sec.gov/litigation/admin/34-46937.htm





The Observer-Reporter 12/03/02

Arrest for illegal use of computer raises privacy concerns

BY SCOTT BEVERIDGE

A Bethlehem-Center School Board member waived her preliminary hearing last 
week on charges she used her state job to access state tax returns of former 
and current directors and two former superintendents.

http://www.observer-reporter.com/277016337502344.bsp





Internet World 12/03/02

Thomas Weisel Tracks Messages

By John Pallatto

Article is an excerpt from "Instant Messaging Unites Work Groups and Inspires 
Collaboration" in the December issue of Internet World magazine.

Using instant messaging (IM) to communicate with customers came naturally to 
the traders and brokers at Thomas Weisel Partners, a San Francisco-based 
merchant bank. Many customers don't want to be troubled by phone calls or 
lengthy e-mails. But they are willing to chat with their dealers to get the 
latest information about their accounts and make decisions.

However, the Securities and Exchange Commission (SEC) regulations could view 
correspondence via instant message as a written communication that the 
company must preserve for review at a later date, explains Pamela Houseley, 
Thomas Weisel compliance director.

http://www.internetworldnews.com/news.php?inc=crm/12032002c.html





National Review Online 12/05/02

Internet: 1, Lawyers: 0

The ADA in cyberspace.

By James L. Gattuso

ommon sense may seem in short supply in today's litigation-happy world, but 
it got

a boost recently from — of all places — Florida, where a federal judge 
tossed out a

lawsuit claiming that Southwest Airlines' website violated the Americans with

Disabilities Act. The decision is good news for the Internet, and for 
consumers, because it blocked what likely would have become 
regulation-by-litigation of website design.

http://www.nationalreview.com/comment/comment-gattuso120502.asp







Dallas Morning News 12/08/02

Taking work data home can be risky

By TERRY MAXON 

On Nov. 7, Lezlee Martin got a surprise when she went to her supervisor at 
TXU Energy Services Co. to resign.

Already alerted that she had talked to competitor Reliant Energy Inc., three 
TXU managers grilled Ms. Martin, 39, at length about allegedly stealing 
sensitive company information.

The company's electronic records showed that Ms. Martin had recently sent 
emails

to her home computer with files containing TXU customer lists and other 
information she used in her job.

http://www.dallasnews.com/sharedcontent/dallas/business/stories/120802dnbussec

rets.bcee6.html



Peter A. Kurilecz CRM, CA
[log in to unmask]
Richmond, Va

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance

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