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	<title>Benefits Business Blog &#187; Law</title>
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	<link>http://www.benefitsbizblog.com</link>
	<description>Legal Information &#38; Relating Business Discussion</description>
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		<title>Kagan Confirmed</title>
		<link>http://www.benefitsbizblog.com/2010/08/kagan-confirmed/</link>
		<comments>http://www.benefitsbizblog.com/2010/08/kagan-confirmed/#comments</comments>
		<pubDate>Fri, 06 Aug 2010 15:29:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=63</guid>
		<description><![CDATA[Yesterday, the Senate confirmed Elena Kagan as associate justice to the United States Supreme Court.  The 63-37 vote was mostly along party lines.  Kagan is set to begin a lifetime position as the nation&#8217;s 112th justice.  She will be sworn into office Saturday afternoon, taking the  traditional constitutional and judicial oaths. The newest [...]]]></description>
			<content:encoded><![CDATA[<p>Yesterday, the Senate confirmed Elena Kagan as associate justice to the United States Supreme Court.  The 63-37 vote was mostly along party lines.  Kagan is set to begin a lifetime position as the nation&#8217;s 112th justice.  She will be sworn into office Saturday afternoon, taking the  traditional constitutional and judicial oaths. The newest justice will  then be able to assume her court duties immediately.</p>
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		<title>Miranda Warning</title>
		<link>http://www.benefitsbizblog.com/2010/08/miranda-warning/</link>
		<comments>http://www.benefitsbizblog.com/2010/08/miranda-warning/#comments</comments>
		<pubDate>Mon, 02 Aug 2010 16:32:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=61</guid>
		<description><![CDATA[The Supreme Court has trimmed the now familiar Miranda warning.  The rulings will change the ways police, lawyers and  criminal suspects interact amid what experts call an attempt to pull  back some of the rights that Americans have become used to over recent  decades.
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			<content:encoded><![CDATA[<p>The Supreme Court has trimmed the now familiar Miranda warning.  <span id="RDS_Site">The rulings will change the ways police, lawyers and  criminal suspects interact amid what experts call an attempt to pull  back some of the rights that Americans have become used to over recent  decades.</span></p>
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		<title>Paperwork Nightmare</title>
		<link>http://www.benefitsbizblog.com/2010/07/paperwork-nightmare/</link>
		<comments>http://www.benefitsbizblog.com/2010/07/paperwork-nightmare/#comments</comments>
		<pubDate>Sun, 01 Aug 2010 04:07:28 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>
		<category><![CDATA[health care]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=59</guid>
		<description><![CDATA[The new health care law could become a paperwork nightmare.  The piece of legislation has a requirement that could become a paperwork nightmare for nearly 40 million businesses.
Businesses must file tax forms for every vendor that sells them more than $600 in goods.
The  goal is to prevent vendors from underreporting their income to the [...]]]></description>
			<content:encoded><![CDATA[<p>The new health care law could become a paperwork nightmare.  The piece of legislation has a requirement that could become a paperwork nightmare for nearly 40 million businesses.</p>
<p>Businesses must file tax forms for every vendor that sells them more than $600 in goods.</p>
<p>The  goal is to prevent vendors from underreporting their income to the  Internal Revenue Service. The government must think vendors are omitting  a lot because the filing requirement is estimated to bring in $19  billion over the next decade.</p>
<p>It remains to be seen for congress can work together to fix this.</p>
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		<title>Supreme Court Nomination</title>
		<link>http://www.benefitsbizblog.com/2010/06/supreme-court-nomination/</link>
		<comments>http://www.benefitsbizblog.com/2010/06/supreme-court-nomination/#comments</comments>
		<pubDate>Wed, 30 Jun 2010 04:02:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=57</guid>
		<description><![CDATA[Supreme Court nominee Elena Kagan began her nomination process this week as she began her congressional hearings.  Today the Harvard grad carefully responded to Republician questioning her record in an attempt to find a reason to block her nomination to the high court.
President Barack Obama&#8217;s nominee soldiered through her second day of  testimony on [...]]]></description>
			<content:encoded><![CDATA[<p>Supreme Court nominee Elena Kagan began her nomination process this week as she began her congressional hearings.  Today the Harvard grad carefully responded to Republician questioning her record in an attempt to find a reason to block her nomination to the high court.</p>
<p>President Barack Obama&#8217;s nominee soldiered through her second day of  testimony on Capitol Hill apparently in good shape to win Senate  approval — barring a major gaffe — in time to take her seat before the  court opens a new term in October. If confirmed, Kagan, 50, would  succeed retiring Justice John Paul Stevens.</p>
<p>The Senate Judicial committee called Kagan back Wednesday for a second and likely final  day of questioning.</p>
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		<title>Sexting Case</title>
		<link>http://www.benefitsbizblog.com/2010/05/sexting-case/</link>
		<comments>http://www.benefitsbizblog.com/2010/05/sexting-case/#comments</comments>
		<pubDate>Thu, 27 May 2010 15:39:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=55</guid>
		<description><![CDATA[A 19 year old student is suing her former high school for an illegal search that they conducted on her cell phone.  The former female student alleges that school officials invaded her privacy and violated her free-speech rights  when they confiscated her cell phone, found semi-nude photos stored  inside and turned the phone [...]]]></description>
			<content:encoded><![CDATA[<p>A 19 year old student is suing her former high school for an illegal search that they conducted on her cell phone.  The former female student alleges that school officials invaded her privacy and violated her free-speech rights  when they confiscated her cell phone, found semi-nude photos stored  inside and turned the phone over to authorities.</p>
<p>The lawsuit alleges that the trouble began after a teacher  confiscated the cell phone of the student, identified in the suit only  as N.N., when she broke school rules by making a call on campus in  January 2009.</p>
<p>She was later called to Principal Gregory  Ellsworth&#8217;s office, suspended for three days and told that her cell  phone had been turned over to authorities after Ellsworth found  semi-nude and nude photos inside, the lawsuit says.</p>
<p>When other students at the same high school were caught allegedly  sending nude and semi-nude photos on their cell phones last year, the Wyoming District Attorney General gave them a similar choice: taking re-education classes or  facing charges.</p>
<p>The lawsuit says N.N.&#8217;s photos were never printed, distributed or  uploaded on the Internet and were intended to be seen only by the  student and possibly by her long-time boyfriend.</p>
<p>The lawsuit seeks damages, reimbursement for the  re-education course she was required to take and the deletion of any  stored copies of the photographs.</p>
<p>As technology continues to expand and enter into our lifes, new and more interesting types of cases will emerge to address those new advances.</p>
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		<title>Goldman Executive Deny Wrongdoing</title>
		<link>http://www.benefitsbizblog.com/2010/04/goldman-executive-deny-wrongdoing/</link>
		<comments>http://www.benefitsbizblog.com/2010/04/goldman-executive-deny-wrongdoing/#comments</comments>
		<pubDate>Wed, 28 Apr 2010 03:08:21 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=50</guid>
		<description><![CDATA[After nearly 11 hours to combative exchanges, Senators and the leaders of Goldman Sach returned to their respective corners to fight another day.  It isn&#8217;t clear who got the better off the other in this public round of debate.
If the stock price of Goldman Sach is an indicator then the company came out ahead as [...]]]></description>
			<content:encoded><![CDATA[<p>After nearly 11 hours to combative exchanges, Senators and the leaders of Goldman Sach returned to their respective corners to fight another day.  It isn&#8217;t clear who got the better off the other in this public round of debate.</p>
<p>If the stock price of Goldman Sach is an indicator then the company came out ahead as the stock rose $1.01 per share, to $153.04.   Other would argue that the stock was due to go up after dropping from the $180 per share levels just a few weeks ago.</p>
<p>Some of the things that came clear from today&#8217;s interplay is that Gold is stating that the people that they were dealing with that is at the core of the SEC fraud charges &#8211; were institutions and not your regular &#8220;Joe&#8221;.  Institutions with a high level of knowledge about the markets and who possessed knowledge about the market.  So they know what they were doing and Gold just accommodated or created an environment for them to make their trades.</p>
<p>The other argument that Gold made was that the short selling was just a byproduct of their risk measures.  They take action from institution and avoid too much risk they edge their bets to offset their risk.</p>
<p>It will be interesting to see how things play out in the public arena as well as in the court.</p>
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		<title>Texting With Work Phone</title>
		<link>http://www.benefitsbizblog.com/2010/04/texting-with-work-phone/</link>
		<comments>http://www.benefitsbizblog.com/2010/04/texting-with-work-phone/#comments</comments>
		<pubDate>Wed, 21 Apr 2010 03:44:24 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Employment]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=48</guid>
		<description><![CDATA[Be careful what you text on a company phone.  Because the real question is can your employer read your text message if you do it on a company phone.
On Monday, the U.S. Supreme Court heard arguments in a case that  questions whether a California city violated a public employee&#8217;s rights  by reading sexually [...]]]></description>
			<content:encoded><![CDATA[<p>Be careful what you text on a company phone.  Because the real question is can your employer read your text message if you do it on a company phone.</p>
<p>On Monday, the U.S. Supreme Court heard arguments in a case that  questions whether a California city violated a public employee&#8217;s rights  by reading sexually explicit text messages on an electronic device owned  by the Police Department. A decision has not been made.</p>
<p>Although  the case involved a police officer, some legal experts said the ruling  could have broad implications on how public and private employees can be  monitored.</p>
<p>In the digital era, employees often are expected to be in constant  contact with their managers. The use of cell phones and mobile internet  service has skyrocketed over the last decade, and some of the growth can  be attributed to companies giving cell phones and smartphones to their  employees</p>
<p>Employees should protect themselves by keeping their personal lifes out of work communications.  If your employer has anything to do with giving you your phone &#8211; whether it is paying for it or not, its sale to assume that your text are not private so you should have no reasonable expectation of privacy towards them.</p>
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		<title>Defamation Lawsuit</title>
		<link>http://www.benefitsbizblog.com/2010/03/defamation-lawsuit/</link>
		<comments>http://www.benefitsbizblog.com/2010/03/defamation-lawsuit/#comments</comments>
		<pubDate>Fri, 05 Mar 2010 05:42:35 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Employment]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=45</guid>
		<description><![CDATA[There has been a raise in companies filing defamation lawsuit against anonymous poster, posting negative comments about their company.  The process is fairly simple.  The company files a defamation claim against a &#8220;John Doe&#8221;.  The complaint enables the company to issue subpoena against websites where the comments were posted asking for information concerning the  identity [...]]]></description>
			<content:encoded><![CDATA[<p>There has been a raise in companies filing defamation lawsuit against anonymous poster, posting negative comments about their company.  The process is fairly simple.  The company files a defamation claim against a &#8220;John Doe&#8221;.  The complaint enables the company to issue subpoena against websites where the comments were posted asking for information concerning the  identity of the poster.  The information will come in the form of server logs, user account information and ip addresses.</p>
<p>These days, one&#8217;s ip address is the equivalent of one&#8217;s home address or finger print.  As each home is appointed to a unique ip address.  Once they have your ip address, they can subpoena your Internet Provider for the account associated to your ip address.</p>
<p>With this information, they can now connect you to the comments being made on the Internet.  They then amend their complaint to add you as a Doe.  Serve you and the lawsuit begins.</p>
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		<title>Campaign Spending Undermine</title>
		<link>http://www.benefitsbizblog.com/2010/02/campaign-spending-undermine/</link>
		<comments>http://www.benefitsbizblog.com/2010/02/campaign-spending-undermine/#comments</comments>
		<pubDate>Tue, 09 Feb 2010 05:31:20 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Developments]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Variety]]></category>

		<guid isPermaLink="false">http://www.benefitsbizblog.com/?p=36</guid>
		<description><![CDATA[
The US Supreme Court recent ruling on campaign spending could have long time effects.  If you haven&#8217;t heard, the overturn a 63 year old law limiting political spending by labor and big business on the grounds of free speech.
The ruling paves the way for corporations, labor unions, and religious groups to give money to sway [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignnone size-full wp-image-37" title="1" src="http://www.benefitsbizblog.com/wp-content/uploads/2010/02/1.jpg" alt="1" width="432" height="280" /></p>
<p>The US Supreme Court recent ruling on campaign spending could have long time effects.  If you haven&#8217;t heard, the overturn a 63 year old law limiting political spending by labor and big business on the grounds of free speech.</p>
<p>The ruling paves the way for corporations, labor unions, and religious groups to give money to sway votes to push their agenda.</p>
<p>The ruling covers the money corporations and unions may spend from their  own profits on independent ads and other advocacy efforts on behalf of  candidates or issues. It does not change restrictions on direct  contributions to candidates for federal office, which remain prohibited  under federal law, but are allowed in New Jersey state races.</p>
<p>The decision essentially means that if a corporation wanted to spend  millions of dollars of its own money on its own issues ads in support of  a candidate, it may do so. The ruling does not change spending rules  covering the thousands of political action committees by corporations  and special interest groups.</p>
<p>Now Congress will have to decide how they want to react to the high court&#8217;s ruling.</p>
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