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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


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