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50 Prac. Law. 3 (2004)

handle is hein.ali/praclaw0050 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 401(k) Plan Blackout Periods Craig Bonnell 11 One of the things that made the ENRON debacle first-page news was the fact that ENRON's em- ployees could do nothing with the ENRON stock in their retirement accounts as it was plummeting. The reason? The plan was in a blackout period. Blackout periods are a fact of life for retirement plan adminis- trators, and they are now subject to stringent regula- tions. In this article, Craig Bonnell discusses what constitutes a blackout, what does not, what must be in a blackout notice, the 30/60 day rule, exceptions to the rule, notices to participants, and the effective- ness and manner of notices. Safe Layoffs Under The Worker Adjustment and Retraining Notification Act (WARN) Jennifer Blum Feldman 17 When an employer has no choice but to engage in a round of layoffs, things will be difficult enough. An additional complication can be the requirement to provide notice to the workforce under the Worker Adjustment and Retraining Notification Act. But when do the Act's requirements apply? In this arti- cle, Jennifer Blum Feldman discusses when WARN applies, aggregation of layoffs, and how to structure layoffs to avoid WARN problems. What To Do When The Customer Or Supplier Is In Financial Trouble (with Forms) Eric S. Prezant and Jeffrey S. Fraum 23 No business is an island, and when a customer or supplier is facing difficulties the fallout can hurt a lot of people in the chain-induding your client's com- pany. In this artide, Eric S. Prezant and Jeffrey S. Fraum discuss how to keep track of a customer's financial condition and steps to take with shaky cus- tomers (use of security interests, guarantees, letters of credit, credit insurance, and the like), how to deal with customers in bankruptcy (getting goods back, getting paid on pre-filing amounts), what to do if a supplier is in trouble (build up inventory, find anoth- er supplier), and offer forms for security agreements, guarantees, letters of credit, demands for assurances, redamation letters, and manufacturing rights. A Legal Hygiene Check-Up For Technology Companies (Part 2) Paul L. Criswell 43 It isn't too hard to figure out that a technology com- pany's most valuable product is its intellectual prop- erty. But in a surprising number of cases, technology companies have intellectual property protection practices that are lax, disorganized, and woefully inadequate. It doesn't have to be that way. In this article, Paul L. Criswell discusses how to safeguard trade secrets, the mechanics of maintaining secrecy (classifying, marking, and releasing information, physical security, confidentiality agreements), how to build a patent portfolio, creating a patent commit- tee, and how to select and protect trademarks. Privacy Issues And Your Web Site: The Top 10 Questions U.S. Companies Should Be Asking Ruth Hill Bro 57 With a huge and growing volume of business being conducted online, Web site privacy is more than an academic concern. Without appropriate privacy pro- tections, a business can court serious trouble through its Web site. In this article, Ruth Hill Bro discusses answers to the 10 most important question about pri- vacy policies, their scope, the effect of third-party involvement in the website, tracking, security prom- ises, opt-in/opt-out approaches, childproofing, con- sistency, and actual practices. 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 FEBRUARY 2004 VOLUME 50/NUMBER 1

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