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49 Prac. Law. 3 (2003)

handle is hein.ali/praclaw0049 and id is 1 raw text is: THE PRACTICAL


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
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

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