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ABA Section of Business Law


Volume 11, Number 2 - November/December 2001

Information, distribution, prosecution
HIPAA aims at too-easy sharing
By Sandra M. DiVarco
  What are the HIPAA rules? And how do they affect employee-sponsored benefit-plan administration? The problem is sharing of personal health information. This article explores liability concerns, unauthorized leaks and what should be standard business practices.
To get a few details on HIPAA

Handling employees' health information
HIPAA targets the HR department
By Ryan D. Meade
  How should businesses handle their employees' personal health information? This article spells out the new regulations in detail; compliance must happen by April 14, 2003.

And you thought HIPAA was the tough part
European Union cracks down on information sharing
By Ruth Hill Bro, Brian Hengesbaugh and Mark Weston
  Some think that the HIPPA regulations are tough to deal with . . . Wait 'til they see what the European Union has come up with for health privacy concerns.
Approaches to the global picture
The EU directive and the safe harbor

Getting the right fit
Some suggestions on finding the best way to structure a financing transaction
By Ellisa Opstbaum Habbart and Andrew G. Kerber
  What is the right kind of "entity" for any particular financing transaction? There are some possibilities that offer more flexibility than corporations -- such as the business trust, the limited liability company or the limited partnership. Statutes can be permissive; note the changes that have been adopted in recent years.

The tide turns
Remember when associates ruled? Well . . .
By Kevin Wack
  Once upon a time, law firm associates - particularly at big firms - had the world offered to them (at least in the realm of starting salaries). However now, the outlook for associates is mirroring the declining economy. The backlash is seen throughout the world of law firms.
Pro bono suffers

Aging gets easier
The IRS eases rules on IRA and plan distributions
By F. Jefferson Bragdon
  The IRS has issued rules covering such distributions. The author explains what the new rules mean and gives a lot of examples on how they work. In discussing the new flexibility, he describes the changes as a "win-win" situation for those advising seniors.

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