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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
Annual Survey On Office Absenteeism Generates Interesting Results February 2008, p. 3
Arbitration Provision Upheld Even If Employee Can’t Read English September 2008, p. 4
Court Rejects “Contract Of Adhesion” Claim By Former Employee February 2008, 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
DHS Appeals Court’s Rejection Of Employee ID-Checking Regulation April 2008, p. 3
Don’t Cross A Federal Judge On An Employee’s Jury Duty May 2008, p. 3
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 Loses ADA Claim Based On Perfume Allergy March 2008, p. 3
Employee Whistleblowing May Not Be Protected By IL Statute April 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
Employers Beware – Workplace Litigation On The Rise February 2008, p. 3
“Hostile Environment” Period Extends Beyond 300 Days October 2008, p. 3
How Not To Do It January 2008, p. 4
Is Responding To BlackBerry Or Cell Phone Message Compensable? May 2008, p. 3
Nebraska Supreme Court Rules On Annual Bonuses December 2008, p. 4
Newspaper Distributor Not Employee For Discrimination Claim April 2008, p. 3
“No Hire” Agreement Incident To Sale Of A Business Upheld March 2008, p. 3
No Reasonable Expectation Of Privacy On Office Computers September 2008, p. 3
Should Employers Be Required To Provide Paid Sick Days? September 2008, p. 3
Some Questions To Ask Before Approving Telecommuting October 2008, p. 3
Supreme Court Lets 401(k) Participant Sue Employer For Losses March 2008, p. 3
U.S. Supreme Court Expands Discrimination Retaliation Claim Options June 2008, p. 3
Will Associations Cut Full-Time Employees To Part-Time? August 2008, p. 2
Workplace Disability Does Not Excuse Nonperformance November 2008, p. 4
 
H & H SPECIAL REPORT
Recent Illinois Court Decision Offers Lessons To Associations January 2008, p. 2,3
 
INTELLECTUAL PROPERTY AND COMPUTER LAW DEVELOPMENTS
Beware Business Data Ending Up On P2P Network December 2008, p. 5
Bill Establishing Copyright Czar Passes House May 2008, p. 5
Court Holds Competitor Association Infringed Copyright February 2008, p. 5
Cybersquatter Subject To Suit In Illinois January 2008, p. 6
Decision Emphasizes Need To Promptly Register Copyright June 2008, 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
Internet Provider Not Liable For Discriminatory Ad March 2008, p. 5
It Ain’t Over Till It’s Over – Tiffany Appeals eBay Decision September 2008, p. 6
May Individual Establish A Blog Using An Association’s Acronym? May 2008, 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
Suggestions To Limit Legal Exposure From Blogging April 2008, p. 5
Win At Home, Lose Abroad August 2008, 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
Airlines To Offer In-Flight Wi-Fi Access But Not Voice Access July 2008, p. 4
Another Homeland Security Plan – More Traveler Fingerprints April 2008, 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
EU Plan For Biometric Data From Visitors Will Come Slowly February 2008, p. 4
Help With International Payments June 2008, p. 4
Homeland Security Trying Out Ten-Fingerprint Collections May 2008, p. 3
If You Think You will Miss Your Flight, Call Your Airline May 2008, p. 4
If You Use A Debit Card At Hotels, Watch Out For This March 2008, p. 4
Illinois Appellate Court Upholds Forum Selection Clause December 2008, p. 4
Minimum Stay VS. Extra Charge June 2008, p. 4
New Twist In ATA Appeal Of New York Passengers Rights Law March 2008, p. 4
New York Passengers’ Rights Law Upheld By Federal Judge January 2008, p. 5
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
One More Thing For U.S. Travelers To Canada To Keep In Mind January 2008, p. 4
Meeting Planning Up In The Air For 2009 October 2008, p. 4
Playing Hardball On “Real ID” March 2008, p. 4
Smokers, Beware Of Chicago Swissotel’s Staff Bounty Hunters February 2008, 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 Consultant Notes Five Ticket Errors Frequently Made May 2008, p. 3
USCIB Can Help Associations With International Meetings June 2008, p. 4
Warrantless Searches At Border Increasingly Challenged December 2008, p. 4
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
 
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
A Point Of Clarification Re Spare Lithium Batteries On Planes January 2008, p. 1
American Airlines Addresses Porn Sites Issue October 2008, p. 1
Another BlackBerry Addict Faces A Cutoff December 2008, p. 1
Another Buzz Word - “Freemiums” January 2008, p. 1
Another Use For Duct Tape November 2008, p. 1
ARA Exec Blames Cities July 2008, p. 1
California Stops Posting Social Security Numbers April 2008, p. 1
CFO Magazine Reports Credit Is Tight So Businesses Must Collect March 2008, p. 1
Do We Have To Register As A Lobbyist? July 2008, p. 1
Does This Square With Your Experience? January 2008, p. 1
Does This Observation Apply To Associations? November 2008, p. 1
Domain Name Registration Fees Increase October 1, 2008 April 2008, p. 1
Don’t Misrepresent To Your Insurance Company August 2008, p. 1
FAA’s “Safety Blitz” April 2008, p. 1
GAO Says Charities Not Able To Handle A Major Disaster September 2008, 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 Many Association Executive Do Not Have Contracts? May 2008, p. 1
If You Get This Bogus IRS E-Mail Re New “Tax Software,” Ignore It! March 2008, p. 1
It’s Hard To Top This For Chutzpah! May 2008, p. 1
Looking Ahead June 2008, p. 1
Looking For Award Mile Seats Or Upgrades? November 2008, p. 1
NY Appellate Court Throws Out NY Passengers Rights Act March 2008, p. 1
One Down, How Many To Go? March 2008, p. 1
Senatorial Prerogatives Come First February 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
The Best Carry-On Device For More Pleasant Air Travel? February 2008, p. 1
Two More Indications Of China’s Astonishing Growth April 2008, p. 1
Two More States Ban Handheld Cell Phones While Driving June 2008, p. 1
U.S. Appears Inhospitable To Tourism February 2008, 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
While Nero A/K/A Congress Fiddles, The FAA Burns May 2008, p. 1
 
NOT-FOR-PROFIT LAW DEVELOPMENTS
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
Corporate Travel Departments May Form Their Own Association March 2008, p. 2
Court Rules Individual Board Members Not Liable For Tort August 2008, p. 2
Dismissal Of Antitrust Claims Against Association Affirmed April 2008, p. 2
Donor “Bill Of Rights” Recommended By CPA Firm July 2008, p. 2
Expelled Past Master Of Masonic Lodge Seeks Reinstatement June 2008, p. 2
Governor Blagojevich Alleged To Want His Own (C)(4) December 2008, p. 2
IL Law Clarified On Association Litigating In Place Of Its Members September 2008, p. 2
Illinois Nonprofit Annual Filing Fee Increases To $10 January 2008, p. 3
IBM Threatens To Pull Out of ISO And ECMA Over Standards October 2008, p. 2
NFP Hospital Chairman Held Liable For Unpaid Employment Taxes May 2008, 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
Plaintiff Loses On Restraint Of Trade And Per Se Group Boycott Claims March 2008, p. 2
Should Ministers Be Allowed To Endorse Candidates In Church? September 2008, p. 2
Should The DHS Have To Disclose Its Policies For Laptop Searches? February 2008, p. 2
State Filing Fees Fund NFP Capacity-Building Services May 2008, p. 2
Will APA Enforce Its Ban On Members? September 2008, 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
Com is Top Domain Name Category By Far June 2008, p. 6
Contract’s Indemnification Provision Strictly Construed October 2008, p. 6
Court Upholds But Limits Arbitration Provision In Dealer Agreement May 2008, p. 6
End Of An Era? January 2008, p. 6
Federal Court Upholds Contract Provision Denying Jury Trial February 2008, p. 5
Illegal Immigration Pattern May Be An Economic Trend Indicator April 2008, p. 6
Junk Fax Sender Loses Constitutional Claim October 2008, p. 5
Mobile Phone Health Study Already Disputed November 2008, p. 5
Not The Sort Of Media Attention An Association Seeks December 2008, p. 6
OSHA Trumps Oklahoma Laws July 2008, p 5
Passport Card Option Now Available May 2008, p. 6
Plaintiff Can Seek Relief Against Defendant’s Insurers February 2008, p. 6
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
Search Track Privacy Bill Proposed In New York March 2008, p. 6
Should You Blog Or Maintain A Blog? August 2008, p. 5
Split Appellate Decision On Prevailing Party In Arbitration April 2008, p. 5
Suggested Strategies For Coping With Today’s Chaotic Air Travel June 2008, p. 5
Surf’s Up – Could Be Dangerous September 2008, p. 6
TSA Addresses Another Security Concern March 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
Who Is Responsible For Indemnified Party’s Own Negligence? April 2008, p. 5
 
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
Employers Required To Now Use Updated I-9 Forms January 2008, p. 2
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 Looking At “Green Marketing” Claims For Carbon Offsets January 2008, p. 3
FTC Monopolization Finding Vacated June 2008, p. 2
Identity Theft Is FTC’s No. 1 Fraud Complaint For Eighth Year March 2008, p. 2
Judge Focuses On Discussions At Trade Association Conference November 2008, p. 3
Justice Department And FTC Disagree On Antitrust Enforcement September 2008, p. 3
Not Likely To Pass In An Election Year February 2008, p. 2
Professional Society Settles Price-Fixing Charges With The FTC April 2008, p. 2
Supreme Court Decides What Constitutes An “Actionable Charge” March 2008, p. 2
Trade Associations Criticize Google-Yahoo Deal October 2008, p. 2
USGA Defeats Another Antitrust Claim August 2008, p. 2
“When Will They Ever Learn?” May 2008, p. 2
Will Maryland Be The First State To Pass A “Do Not Deliver” Bill? February 2008, p. 2
 
TAX LAW DEVELOPMENTS
Amazon Challenges NY State Sales Tax Collection Requirement May 2008, p. 5
Campaign Season Heating Up, IRS Cracking Down August 2008, p. 4
Illinois Property Tax Exemptions Strictly Construed October 2008, p. 4
Illinois Supreme Court Asked To Overturn Adverse Tax Ruling March 2008, p. 5
IRS Again Reminds §501(C)(3) Entities Not To Engage In Politics January 2008, p. 5
IRS Announces This Year’s “Dirty Dozen” Tax Schemes April 2008, p. 4
IRS Asks For Comments By June 1 on Draft 990 Instructions May 2008, p. 4
IRS Explains Its Exemption Compliance Exam Process March 2008, p. 5
IRS Explains Its NFP Complaint Investigation Process April 2008, p. 4
IRS: Keep Those Cards (But Not Letters) Coming May 2008, p. 4
IRS Offers Disaster Preparation Suggestions September 2008, 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
IRS Warns Of New E-Mail And Telephone Scams On Rebates February 2008, p. 4
Major Educational Effort Needed For Small Not-For-Profits July 2008, p 4
One Minor Detail To Keep In Mind Concerning The Tax Rebate February 2008, p. 5
Some Other Useful Numbers To Keep In Mind For 2008 Taxes January 2008, p. 5
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
Will States Increasingly Deny Charities’ Tax Exemptions? June 2008, p. 5

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