January 2007

 

Wave of Lawsuits Follows Stock Options Backdating

Class actions, derivative suits raise host of complex issues
The January 2007 issue of Litigation News reported a rare ruling by a panel of the United States Court of Appeals for the District of Columbia Circuit, handed down on August 26, 2006, holding unconstitutional a provision of the Internal Revenue Code “insofar as it permits the taxation of an award of damages for mental distress and loss of reputation.”

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D.C. Panel Vacates Own Decision in Murphy v. Internal Revenue Service Declaring IRS Provision Unconstitutional

Feature Story in January Issue of Litigation News Online Overtaken by Events
Like the economic power of China itself, commercial arbitration in China is expanding at a rapid pace. Litigators from the United States are facing the increasing possibility of having to arbitrate their clients’ business disputes with Chinese companies in China, under unfamiliar rules and procedures.

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Employees Win Rulings Barring Employer Disclosure of Personal E-Mail

Two courts find limited privacy interests despite trend favoring disclosure, public access to e-mail
Although employers have often been able to establish that their employees have no legitimate expectation of privacy in their companies’ computer systems, employee/plaintiffs in two cases recently won rulings that precluded their employers from divulging e-mail that had been sent and received on the employers’ computer systems.

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