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THE HOWE & HUTTON REPORT

TWELVE-MONTH INDEX OF ARTICLES


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EMPLOYMENT LAW DEVELOPMENTS
An Employer’s Burden To Establish Grounds Under ADEA July 2008, p. 3
Arbitration Provision Upheld Even If Employee Can’t Read English September 2008, p. 4
Be Careful Sending Communications About Employment Terminations March 2009, p. 4
COBRA Continuation Mandate In Stimulus Legislation February 2009, p. 3
D.C. Circuit Declares Sleep A “Major Life Activity” August 2008, p. 3
D.C. Court Of Appeals Reverses A Denial Of Employment Benefits September 2008, p. 4
Don’t Take A Chance – Screen New Hires June 2008, p. 3
E-Mails Enough To Amend An Employment Agreement December 2008, p. 3
Employee Bound To Arbitrate Claim Despite Merger December 2008, p. 3
Employee’s Claim Of Retaliation Against Fiancé Upheld November 2008, p. 3
Employer Can Be Wrong But May Not Discriminate June 2008, p. 3
Employer’s Burden To Keep Accurate Time Records August 2008, p. 3
“Hostile Environment” Period Extends Beyond 300 Days October 2008, p. 3
Illinois Court Says Fired Worker May Lose TTD Benefits February 2009, p. 3
Juries May Be Tough On Employers During A Recession January 2009, p. 3
Nebraska Supreme Court Rules On Annual Bonuses December 2008, p. 4
No Reasonable Expectation Of Privacy On Office Computers September 2008, p. 3
Seven States Offer Benefits to the Self-Employed April 2009, p. 4
Should Employers Be Required To Provide Paid Sick Days? September 2008, p. 3
Some Questions To Ask Before Approving Telecommuting October 2008, p. 3
U.S. Supreme Court Expands Discrimination Retaliation Claim Options June 2008, p. 3
What Not To Do January 2009, p. 4
Will Associations Cut Full-Time Employees To Part-Time? August 2008, p. 2
Will Employers’ Pay Confidentiality Policies May Be Sustained? January 2009, p. 3
Worker’s Compensation Applies to Illegal Aliens In Illinois March 2009, p. 3
Workplace Disability Does Not Excuse Nonperformance November 2008, p. 4
Other Side of Unemployment May 2009, p. 3
Work at Home May Be “Shared” with the World May 2009, p. 4
 
INTELLECTUAL PROPERTY AND COMPUTER LAW DEVELOPMENTS
Beware Business Data Ending Up On P2P Network December 2008, p. 5
Blogger Anonymity Under Attack March 2009, p. 5
Decision Emphasizes Need To Promptly Register Copyright June 2008, p. 5
Don’t Fall For Internet Fraud March 2009, p. 5
Good News For Organizations Fighting Cybersquatting March 2009, p. 5
Google Faces Tougher Road on Dismissing Keyword Ad Suits April 2009, p. 5
Google Settlement Results In Biggest Book Deal Ever November 2008, p. 5
If You Can’t Beat ‘Em, Join ‘Em? August 2008, p. 5
It Ain’t Over Till It’s Over – Tiffany Appeals eBay Decision September 2008, p. 6
It’s Better To Protect Before Rather Than After February 2009, p. 5
NEDA Exec Robin Gray Says Pro-IP Act Goes Beyond Music November 2008, p. 5
Photographer Awarded $12 Million For Misuse Of Seven Photos July 2008, p 5
PRO-IP Act To Be Followed By ACTA October 2008, p. 5
RIAA Ends Lawsuit Campaign January 2009, p. 5
Win At Home, Lose Abroad August 2008, p. 5
Conduct Careful Research Before Using Abandoned Name May 2009, p. 5
DMCA Takedown Provisions Used Against Nonprofit’s Video May 2009, p. 5
 
MEETING AND TRAVEL LAW DEVELOPMENTS
A Federal Judge Says ADA Applies To Airports And Airplanes October 2008, p. 4
La Carte Pricing Or All-Inclusive Ticket Charge? November 2008, p. 4
Airline Passenger Bill Of Rights Expected To Resurface January 2009, p. 4
Airlines To Offer In-Flight Wi-Fi Access But Not Voice Access July 2008, p. 4
Avoid Self-Help Remedies At Trade Shows March 2009, p. 4
“Catch-22” Didn’t Die – It Moved To TSA August 2008, p. 4
Detroit Convention And Trade Show Center Official Guilty August 2008, p. 4
Going On a “DHS TRIP” April 2009, p. 4
Help With International Payments June 2008, p. 4
Illinois Appellate Court Upholds Forum Selection Clause December 2008, p. 4
Minimum Stay VS. Extra Charge June 2008, p. 4
No Surprise – Baggage Fees Create Overhead Bin Stuffing September 2008, p. 4
One More Addition To the Joys Of Air Travel These Days August 2008, p. 3
Meeting Planning Up In The Air For 2009 October 2008, p. 4
More Cities Offering Meeting Incentives January 2009, p. 4
Rush for Passports is Over, The April 2009, p. 4
Some Airlines Giving Elite Frequent Flyers A Pass On Baggage Fees July 2008, p. 4
Speakers May Be Facing A Tougher Market December 2008, p. 4
Task Force Approves “Voluntary Guidelines” For Air Travel November 2008, p. 4
Travel Associations Bucking The Tide February 2009, p. 4
USCIB Can Help Associations With International Meetings June 2008, p. 4
Warrantless Searches At Border Increasingly Challenged December 2008, p. 4
WI-FI Or Not To WI-FI In The Sky? February 2009, p. 3
Will A La Carte Pricing Become The Norm For Airlines? October 2008, p. 3
Will There Be A Federal Passengers’ Bill Of Rights This Year? June 2008, p. 4
Baggage Fees Will Not Be Going Away May 2009, p. 4
 
NEWS AND COMMENTS
1.5 Million Businesses Owe $58 Billion Withholding Taxes August 2008, p. 1
A Layoff’s Long-Term Impact September 2008, p. 1
A Number Of Foundations Hit Hard By Madoff Fraud December 2008, p. 1
American Airlines Addresses Porn Sites Issue October 2008, p. 1
Another BlackBerry Addict Faces A Cutoff December 2008, p. 1
Another Newly Coined Word – “Greenwashing” March 2009, p. 1
Another Postage Increase Coming Soon March 2009, p. 1
Another Unhappy Employment Number Prediction January 2009, p. 1
Another Use For Duct Tape November 2008, p. 1
ARA Exec Blames Cities July 2008, p. 1
Before You Contribute, Check That Charity Out February 2009, p. 1
Do We Have To Register As A Lobbyist? July 2008, p. 1
Does This Observation Apply To Associations? November 2008, p. 1
Don’t Misrepresent To Your Insurance Company August 2008, p. 1
Facebook Claims 150 Million Users January 2009, p. 1
GAO Says Charities Not Able To Handle A Major Disaster September 2008, p. 1
Good Advice For Successful Negotiations – And Life! January 2009, p. 1
High Gas Prices May Deter Long Commutes June 2008, p. 1
Home Builders Association The Eye Of The 2009 Storm? December 2008, p. 1
How Not To Solve A Contract Dispute February 2009, p. 1
Looking Ahead June 2008, p. 1
Looking For Award Mile Seats Or Upgrades? November 2008, p. 1
“Smart Cards” May Enhance Identity Theft Skimming October 2008, p. 1
Text-Messaging vs. E-Mail vs. Voicemail August 2008, p. 1
Two More States Ban Handheld Cell Phones While Driving June 2008, p. 1
United Says Put It In Writing (Only) February 2009, p. 1
What Do These Terms Have In Common? November 2008, p. 1
What Governor Palin Can Teach Us About E-Mail Hackers September 2008, p. 1
What Were They Thinking Or Were They Thinking? October 2008, p. 1
Will This New Group Fly? March 2009, p. 1
 
NOT-FOR-PROFIT LAW DEVELOPMENTS
A Lesson To Be Learned From The Transfer Of Grant’s Papers February 2009, p. 2
Another End Around Campaign Donation Limits January 2009, p. 2
Another Nonprofit Quietly Files Chapter 11 December 2008, p. 2
Are The ACLU And U.S. Chamber On The Same Side? November 2008, p. 2
Association In Its Eleventh Year Of Litigation Over Rule November 2008, p. 2
Boy Scouts Lose Another Battle January 2009, p. 3
Cancellation Fee Leads To Bankruptcy Filing March 2009, p. 2
Charities Focusing More On Their Donors January 2009, p. 2
Charities Head For Chapter 11 And Chapter 7 Relief March 2009, p. 2
Court Rules Individual Board Members Not Liable For Tort August 2008, p. 2
Donor “Bill Of Rights” Recommended By CPA Firm July 2008, p. 2
Don’t Neglect Due Diligence in Exploring Cooperative Restructuring April 2009, p. 2
Expelled Past Master Of Masonic Lodge Seeks Reinstatement June 2008, p. 2
FDAA Facing Litigation on Multiple Fronts April 2009, p. 2
Florida Lawyers Angry at Sale of Their Information April 2009, p. 1
Governor Blagojevich Alleged To Want His Own (C)(4) December 2008, p. 2
Ignorance And Apathy When It Come To Campaign Contributions March 2009, p. 2
IL Law Clarified On Association Litigating In Place Of Its Members September 2008, p. 2
IBM Threatens To Pull Out of ISO And ECMA Over Standards October 2008, p. 2
Judge-Ordered Mediation Leads to ALA Lawsuit Settlement April 2009, p. 2
Museum Caught Between Cash Crunch And Sanctions January 2009, p. 2
Nonprofit Sector Grows In Raw Numbers And Importance July 2008, p. 2
Nonprofits Hit By The Market Downturn November 2008, p. 2
Not-For-Profits Looking At Hard Times October 2008, p. 2
Partial Win For U.S. Golf Association On Antitrust Complaint July 2008, p. 2
Should Ministers Be Allowed To Endorse Candidates In Church? September 2008, p. 2
Will APA Enforce Its Ban On Members? September 2008, p. 2
Will Bill Gates Start Another Trend For §501(c)(3) Groups? February 2009, p. 2
Corporate Offices Have Same Fiduciary Duties as Directors May 2009, p. 2
Nonprofits Are “Persons” Too! May 2009, p. 2
 
OTHER ISSUES, TRENDS AND DEVELOPMENTS
Anonymous Bloggers Beware. You May Be Identified. July 2008, p 6
Another Law That Should Not Be Necessary – But Is August 2008, p. 5
Blogger Says Recession Will Impact Technology In Unexpected Ways January 2009, p. 6
Com is Top Domain Name Category By Far June 2008, p. 6
Contract’s Indemnification Provision Strictly Construed October 2008, p. 6
Don’t Be Surprised If “MYSPACE” Comments Are Made Public April 2009, p. 5
Judge Awards $3.8 Million In Junk Fax Class Action February 2009, p. 5
Junk Fax Sender Loses Constitutional Claim October 2008, p. 5
Looking A Gift Card In The Mouth March 2009, p. 6
Mobile Phone Health Study Already Disputed November 2008, p. 5
“Negative Price Escalation” - An Oxymoron Or Obfuscation? April 2009, p. 1
Not The Sort Of Media Attention An Association Seeks December 2008, p. 6
Options For Reducing Catalogs And Other Junk Mail February 2009, p. 5
OSHA Trumps Oklahoma Laws July 2008, p 5
Penalties Increased For Avoiding Federal Jury Duty April 2009, p. 1
Practice Trumps Bylaws December 2008, p. 5
Professors’ Study Concludes Less Use Of Arbitration November 2008, p. 6
Remember This From World War II Days? July 2008, p 6
Retail Grocer Loses On “Free Speech” Claim October 2008, p. 6
Should A CEO Carry A Smartphone? March 2009, p. 6
Should You Blog Or Maintain A Blog? August 2008, p. 5
Social Networking Sites Not As Clear As They Appear April 2009, p. 6
Suggested Strategies For Coping With Today’s Chaotic Air Travel June 2008, p. 5
Surf’s Up – Could Be Dangerous September 2008, p. 6
Use Open-Source Science To Solve Association Problems? August 2008, p. 6
Useful Information For Doing Business Outside The U.S. June 2008, p. 6
Wait Till Next Year October 2008, p. 6
Will This Use Of Force Majeure Pass Muster? February 2009, p. 6
Damned If You Do, Damned If You Don’t May 2009, p. 6
 
REGULATORY LAW DEVELOPMENTS
ADA Amendments Significantly Change Disability Law October 2008, p. 2
Canadian Competition Bureau Seeks Input From Associations November 2008, p. 3
Court Approves DOJ V. NAR Consent Decree December 2008, p. 3
Department of Labor Issues Model COBRA Subsidy Notices April 2009, p. 3
EEOC May Pursue Employment Claim Despite Settlement April 2009, p. 3
FTC Amends CAN-SPAM Rule June 2008, p. 2
FTC Asks For En Banc Review Of Rambus Decision July 2008, p. 3
FTC Asks For Supreme Court Review Of Rambus December 2008, p. 2
FTC Continues “Green Guides” Workshops July 2008, p. 3
FTC Lands On Another Association Over Pricing Info March 2009, p. 3
FTC Loses Final Appeal On “Rambus” March 2009, p. 3
FTC Monopolization Finding Vacated June 2008, p. 2
FTC Strengthens Do-Not-Call Regulations January 2009, p. 3
Get Ready for Another Antitrust Enforcement Cycle April 2009 p. 3
Judge Focuses On Discussions At Trade Association Conference November 2008, p. 3
Justice Department And FTC Disagree On Antitrust Enforcement September 2008, p. 3
The Power Of Associations Acting Together February 2009, p. 2
Trade Associations Criticize Google-Yahoo Deal October 2008, p. 2
USGA Defeats Another Antitrust Claim August 2008, p. 2
Association’s Noncommercial Membership Regulation Upheld May 2009, p. 2
University Permitted to Refuse Funding for Discriminating Nonprofit May 2009, p. 3
Appeal Sours Sweet Decision Favoring Chocolate Purchasers May 2009, p. 3
 
TAX LAW DEVELOPMENTS
A Basic Reminder To The Self-Employed January 2009, p. 5
Are Organizing Documents And Current Activities Disconnected? March 2009, p. 4
Campaign Season Heating Up, IRS Cracking Down August 2008, p. 4
Cash Basis Taxpayers Take A Hit In This Down Economy March 2009, p. 5
Change Of Address Reminder From The IRS February 2009, p. 4
Form 8734 No Longer Required For New §501(c)(3) Organizations February 2009, p. 4
Illinois Property Tax Exemptions Strictly Construed October 2008, p. 4
IRS Offers Disaster Preparation Suggestions September 2008, p. 5
IRS Postpones Section 403(b) Compliance Requirement April 2009, p. 5
IRS Publishes (Near) Final Form 990 Instructions August 2008, p. 4
IRS Quietly Eliminates Advance Rulings For §501(c)(3) September 2008, p. 5
IRS Releases Revised Form 990-EZ Instructions For 2008 September 2008, p. 5
IRS Raises Mileage Deduction Rates For Remainder Of 2008 July 2008, p. 4
IRS Reduces Standard Mileage Deduction Rates For 2009 December 2008, p. 5
Major Educational Effort Needed For Small Not-For-Profits July 2008, p 4
Online Travel Companies Aren’t Required to Collect Occupancy Tax April 2009, p. 4
Some Useful Tax Information For 2009 Tax Planning Purposes October 2008, p. 4
Something From The IRS We Can All Agree With December 2008, p. 5
States Looking Hard For Additional Tax Revenues November 2008, p. 4
Taxes On Internet Sales Are More Likely This Time Around January 2009, p. 5
Will States Increasingly Deny Charities’ Tax Exemptions? June 2008, p. 5
IRS Issues 2009 “Dirty Dozen” List of Tax Scams: Phishing Tops List May 2009, p. 4
May 15 – The Filing Deadline for Calendar Year Exempts May 2009, p. 5
Watch Out for Penalties for Frivolous Filings May 2009, p. 5

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