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49 Prac. Law. 3 (2003)

handle is hein.ali/praclaw0049 and id is 1 raw text is: THE PRACTICAL FEBRUARY 2003 VOLUME 49/NUMBER 1 Published by The American Law Institute-American Bar Association Committee on Continuing Professional Education Six times a year Safeguarding Trade Secrets in the Information Age (with Sample Communications Policy) Sheryl 1. Willert 11 It is getting harder and harder to keep trade secrets in the information age. The only way to do this is through specific policies which address use and mon- itoring of communications equipment. In this article, Sheryl J. Willert discusses notices and training, clear- ly communicating the employer's intent, expectation of privacy on behalf of the employee, and ways to pro- tect the company's trade secrets. Errors and Omissions Coverage for the Law Firm Hector DeLeon 27 Few things are as unwelcome to a law practice as a malpractice action. The cost, in terms of disruption of the ability to deliver client services, can be as great as or greater than the cost of defending the action. To minimize the disruption, good errors and omission coverage is a must. In this article, Hector DeLeon dis- cusses the basic elements of a claims made policy, what to look for in the scope of prior acts coverage, determining the right amount of coverage for your firm, the 10 points to look for in the contract review, and how to avoid having to make claims in the first place. The Effect of the USA Patriot Act on Workplace Privacy Clare M. Sproule 35 Threats of terrorism have trumped concern about workplace privacy in the past year, and nowhere is this more apparent than in the provisions of the USA Patriot Act. But inevitably, the pendulum will swing back. Employers who develop a monitoring policy now that is sensitive to their employees' privacy inter- ests, and who communicate the scope and purpose of the monitoring program to their employees, will be ahead when the focus changes from security back to privacy. In this article, Clare M. Sproule discusses the ways that the Act affects workplace monitoring, and the things that employers can do to develop effective and balanced monitoring policies. A Practical Guide to the Festo Decision Barbara E. Johnson and David C. Hanson 47 Insignificant changes to a patented idea have never been enough to let an infringer get away with the infringement, thanks to the doctrine of equivalents. Recent questions about the doctrine's continued vital- ity were dispelled by Supreme Court's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., et al., In this article, Barbara E. Johnson and David C. Hanson discuss how the decision has strengthened the protection afforded by patents, and the implica- tions for the application and prosecution process. Electronic Signatures and Electronic Records in Cyber-Contracting Jennifer A. Hartley 51 E-Sign and the UETA offer the promise of considerable business efficiencies. But at this point very few people understand the basics of electronic records and elec- tronic signatures. In this article, Jennifer A. Hartley examines the provisions of E-Sign and UETA, how they affect state law, effects on consumer transactions, special issues related to consumer contracts, record retention, and practical tips you can discuss with your clients. The Grammatical Lawyer The Law of the Lawyer The Web-Wise Lawyer 5 Programs, Publications, 7 and Playbacks 9 ALI-ABA and ABA CLE Calendars

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