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Friday, August 08, 2014
(1) ART LAW

Art law is a unique specialty area of the law. After all, art occupies many roles in our culture and serves many functions for businesses, governments, museums, families, and artists. Art can be a form of expression, it can be a decoration, it can be a currency, and it can serve as the basis for many careers. Common issues for art law include how works of art should be valued, how to protect intellectual property rights in art, free speech issues, authenticating and dealing with stolen artworks, and a variety of business issues related to the art industry.

Art valuation is particularly important for determining tax consequences of dealing in art and for testamentary purposes. It also has relevance to insurance claims disputes, and when using the art pieces for collateral when obtaining a loan. And, of course, when one chooses to donate all or a portion of their art collection to a museum or other nonprofit organization, the value of the art can have important consequences to both the donor and the donee for taxes, insurance, and in retaining not-for-profit status.

Intellectual property interests in art include protecting copyrights to various works and determining whether a piece was created independently or as a work for hire. A common question is whether a work has been illegally copied or not. Another issue is whether an artwork can be moved from its original installation or not.

Free speech issues in art often relate to whether something is art or obscenity. Occasionally, issues about free speech may also relate to whether something is art or a violation of some other law. For example, is “tagging” or spray painted graffiti, a form of protected artistic expression or a crime?

The resources below will provide you with additional information on art law, and you can find an attorney in your area who focuses on art law under the “Law Firms” tab, above.

 

Articles About Art and Cultural Property Law

  • Vesting of Contingent Compensation in Pay or Played Television Director Agreement
    One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.
  • Did You Know There Are Laws Against Dancing?
    Prom, homecoming, and other formal dances are rites of passage for millions of American youth. So, it is perhaps surprising to many that such an activity may be regulated by the law, but in many jurisdictions it is. And, we are not talking about exotic or belly or other suggestive types of dancing. These laws apply to any kind of dancing, including the stuff your grandparents were doing. So, what are some of the more unusual laws against dancing?
  • Is Body Paint Considered Clothing
    Many have wondered whether body paint is sufficient covering to be considered clothing such that a person could not be arrested for public nudity. This question becomes popular particularly around holidays like Halloween, but has often come up with relation to art projects, political protests, and even sporting events. As with so many things in the law, the answer is unsatisfactorily vague.
  • Laws Regarding Graffiti and Art
    Graffiti is an unusual topic in the art world. Several artists have become iconic for their graffiti art works, like Keith Haring and Banksy. But how does the law deal with the debate between free expression, art, and the crime of defacing others' properties?
  • Is Divorce a Virus? The Social and Seasonal Forces of Divorce Contagions
    While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
  • When Law Enforcement Cannot Solve It, Private Recovery Agency Tracks Stolen Art
    What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.
  • What to Do with Art That Is Material to the Patentability of Your Pending U.S. Patent Application
    Under U.S. Patent law, inventors and other individuals substantively involved with the preparation and/or prosecution of the application, such as assignees and patent attorneys, have a duty to disclose to the U.S. Patent and Trademark Office (USPTO), information which is material to patentability of the claimed invention.
  • Protect Your Artwork
    This article will arm you with the knowledge you need to protect your artwork or photographs, and put to rest some common myths.
  • California Art Law, Maritime Shipwreck Treasure Law and International Antiquities Law - It is Not a Case of Finders, Keepers
    The recent flurry of shipwrecks found with gold and other treasures and the continuous flow of stolen art into the U.S. and London is an area of law that is full of competing legal issues which complicate determinations of rightful ownership of stolen art, antiquities and treasure that is found on shipwrecks.
  • All Leisure Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Leisure including: art and cultural property, entertainment law, gaming, hospitality law, sports and recreation, tourism and travel.

Art and Cultural Property Law - US

  • ABA - Art and Cultural Heritage Law Committee

    This committee is composed of attorneys with an interest in the field of art, cultural heritage, and cultural property law and who work in a variety of settings, including private practice, museums, government, and academia. This area of law is concerned with both movable and immovable property of artistic, cultural, religious and historic interest.

  • Art Law and Cultural Property - Case Law and Statutes

    This section contains an extensive body of primarily U.S. case law, including both litigated cases and, notably, hard-to-find, out-of-court settlements. The material is organized under eight topics. Under each topic, relevant cases are summarized (where possible, with images of the art objects in question). There are also links to relevant U.S. statutes, foreign legislation and a glossary.

  • Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971)

    The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works, Recognizing the importance of the work of the Revision Conference held at Stockholm in 1967, Have resolved to revise the Act adopted by the Stockholm Conference, while maintaining without change Articles 1 to 20 and 22 to 26 of that Act.

  • Cultural Property Disputes are Reshaping the Art World—but How?

    It's a sad truth that the depredations of war and imperialism have sometimes had positive side effects for art history. Take the Metropolitan Museum's recent "Manet-Velázquez" show, on the influence of 17th-century Spanish painting on 19th-century French art.

  • Federal Cultural Property Legislation
  • International Cultural Property Protection - US Department of State

    The United States Department of State is responsible for implementing the Convention on Cultural Property Implementation Act (the Act). This is the enabling legislation for the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. In accordance with the Act, United States Department of State accepts requests from countries for import restrictions on archaeological or ethnological artifacts, the pillage of which places their national cultural heritage in jeopardy.

Art and Cultural Property Law - Europe

  • Council of Europe Framework Convention on the Value of Cultural Heritage for Society

    This Framework Convention reflects a shift from the question “How and by what procedure can we preserve the heritage?” to the question “Why should we enhance its value, and for whom?”. It is based on the idea that knowledge and use of heritage form part of the citizen’s right to participate in cultural life as defined in the Universal Declaration of Human Rights.

  • Russian Law on Cultural Property

    On April 15, 1998, the Russian parliament enacted legislation concerning the treatment to be accorded cultural property seized by Soviet troops and removed to the U.S.S.R. during and at the end of World War II. This law represents the culmination of numerous attempts by the Russian Duma and Federation Council to nationalize the "trophy art" and cultural property now in Russia. This action has been taken to establish the Russian Federation's right to "compensatory restitution" for the damages it incurred as a result of World War II.

  • Working Group on Cultural Property

    The Working Group on Cultural Property aims to provide a forum for the exploration of issues central to cultural heritage, cultural property and the law; to exchange and develop ideas and to organize activities and presentations that are to the mutual learning of all participants. We invite guest speakers to give lectures on specific topics and also to discuss our own research.

Art and Cultural Property Law - International

Organizations Related to Art and Cultural Property Law

  • Art Law & Cultural Property - International Foundation for Art Research (IFAR)

    These two sets of resources—International Cultural Property Ownership and Export Legislation (ICPOEL) and Case Law and Statutes (CLS)—will help users navigate the increasingly complex and abundant body of legislation and case law regarding the acquisition and ownership of artworks.

  • Art Loss Register

    The origin of the ALR was The International Foundation for Art Research (IFAR), a not-for-profit organisation based in New York. In an attempt to deter international art theft, IFAR established an art theft archive in 1976 and began publishing the “Stolen Art Alert”. The origin of the ALR was The International Foundation for Art Research (IFAR), a not-for-profit organisation based in New York. In an attempt to deter international art theft, IFAR established an art theft archive in 1976 and began publishing the “Stolen Art Alert”.

  • Art-Law Centre

    Because the goal of the Art-Law Centre is to promote and coordinate research and work on the most current questions of art law, it has chosen an interdisciplinary approach by including people from both the art world and the legal world. The Centre can thus better diffuse its competence and information directly to the public, as well as to specifically interested entities (such as artists, collectors, auction houses, dealers, museums, etc.)

  • Arts Law Centre of Australia

    The Arts Law Centre of Australia is the national community legal centre for the arts. Arts Law is a not for profit company limited by guarantee which was established with the support of the Australia Council in 1983 to provide specialised legal and business advice and referral services, professional development resources and advocacy for artists and arts organisations.

  • International Centre for the Study of the Preservation and Restoration of Cultural Property

    ICCROM is an intergovernmental organization dedicated to the conservation of cultural heritage. Its members are individual states which have declared their adhesion to it. It exists to serve the international community as represented by its Member States, which currently number more than 125. It is the only institution of its kind with a worldwide mandate to promote the conservation of all types of cultural heritage, both movable and immovable.

  • International Confederation of Art Dealers (CINOA)

    CINOA is a non-profit international federation of associations which was established more than 70 years ago. It is the only international federation for antique and art dealers that represents a wide array of specialities. CINOA’s members are 30 art and antique associations from 21 countries.

  • International Council on Monuments and Sites (ICOMOS)

    ICOMOS is an international non-governmental organization of professionals, dedicated to the conservation of the world's historic monuments and sites." The web site provides, among other things, the Draft UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage and the World Heritage List.

  • International Cultural Property Society

    The International Cultural Property Society was established by Professor John Henry Merryman in 1990 to sponsor reasoned discussion of all aspects of cultural property and heritage. The role of the Society is to provide a neutral forum for the discussion of all aspects of and interests in cultural property.

  • International Foundation for Art Research (IFAR)

    The International Foundation for Art Research (IFAR) is a not-for-profit educational and research organization dedicated to integrity in the visual arts. IFAR offers impartial and authoritative information on authenticity, ownership, theft, and other artistic, legal, and ethical issues concerning art objects.

  • Lawyers’ Committee for Cultural Heritage Preservation

    CulturalHeritageLaw.org is the web-based home of The Lawyers’ Committee for Cultural Heritage Preservation. LCCHP is a nonprofit organization of lawyers, law students and interested members of the public who have joined together to promote the preservation and protection of cultural heritage resources in the United States and internationally through education and advocacy.

  • UNESCO - United Nations Educational, Scientific and Cultural Organization

    One of UNESCO's mandates is to pay special attention to new global threats that may affect the natural and cultural heritage and ensure that the conservation of sites and monuments contributes to social cohesion.

Publications Related to Art and Cultural Property Law

  • Art Antiquity & Law - UK

    Art Antiquity and Law is a Quarterly designed for all who value the cultural and historical environment. The principal aim of the Quarterly is to inform. It exists to tell those who work in art and antiquity about the law governing their activities and the policies behind the law. It is founded on the belief, never more confident than today, that cultural life cannot in a legal vacuum.

  • Culture Without Context

    Newsletter of the Illicit Antiquities Research Centre. Published twice a year since 1997. Opinions, articles and news.

  • International Journal of Cultural Property

    International Journal of Cultural Property provides a vital, international, and multidisciplinary forum for the broad spectrum of views surrounding cultural property, cultural heritage, and related issues. Its mission is to develop new ways of dealing with cultural property debates, to be a venue for the proposal or enumeration of pragmatic policy suggestions, and to be accessible to a wide audience of professionals, academics, and lay readers.

Organisations Related to Lost or Stolen Art or Cultural Property Law

  • Art Theft - World´s Most Wanted Art

    The arts need a protector that can help recover cultural treasure world-wide. Join in our search, exploring the world of fine art and international intrigue. Towards that proposition we provide the web's most comprehensive (multi lingual) guide to stolen art; chronicling the world's major art thefts and recovery efforts. Our intent is to bring these stories to television and new media.

  • Art Theft Program - FBI

    Art and cultural property crime - which includes theft, fraud, looting, and trafficking across state and international lines -- is a looming criminal enterprise with estimated losses running as high as $6 billion annually. To recover these precious pieces--and to bring these criminals to justice--the FBI uses a dedicated Art Crime Team of 13 Special Agents to investigate, supported by three Special Trial Attorneys for prosecutions.

  • Central Registry of Information on Looted Cultural Property 1933-1945

    This site contains two fully searchable databases. The Information Database contains information and documentation from forty nine countries, including laws and policies, reports and publications, archival records and resources, current cases and relevant websites. The Object Database contains details of over 25,000 objects of all kinds – paintings, drawings, antiquities, Judaica, etc – looted, missing and/or identified from over fifteen countries.

  • Find Stolen Art - UK

    This Web Site has been developed to assist Police Forces, across the United Kingdom, in the recovery and return of Stolen Antiques and to enable Auction Houses, Collectors and dealers to comply with the code of Due Diligence.

  • Reporting Lost or Stolen Art or Cultural Property - USNCB

    The Interpol-U.S. National Central Bureau (USNCB), a component of the U.S. Department of Justice, serves as the United States’ representative to INTERPOL, the International Criminal Police Organization. The USNCB is the central point of contact for all INTERPOL matters in the United States.

  • Saving Antiquities for Everyone

    Online resource that highlights issues related to the vulnerability of our shared cultural heritage to looting and the illicit antiquities trade.


Posted at 03:06 am by Gaming Law
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(2) BANKING LAW


What is Banking Law?

Banking law covers the many state and federal regulations governing financial institutions. Attorneys who practice in this area of the law handle everything from customer disputes and complaints against a bank, to complex litigation between domestic and foreign institutions, their investors, the government, and other parties. However, most banking law attorneys are hired to provide advice concerning regulatory compliance. Banks may choose to maintain in-house counsel for this purpose, or to seek assistance from an independent law firm.

Given the vast number of regulations with which banks must comply, it is not surprising that their officers and directors seek legal counsel before making important decisions. The Dodd-Frank Act, a banking reform measure passed by the federal government in 2010, alone contains more than 1,500 separate provisions, including nearly 400 rule mandates. Depending on where they were chartered and how they operate, banking institutions may be regulated by the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve System (“the Fed”), the Office of the Comptroller of the Currency (OCC), as well as state regulatory agencies.

Regulatory Compliance

In the current regulatory environment, banks have no choice but to make compliance a priority. This can involve an expensive and labor-intensive process that will affect everyone within the organization. First, the applicable rules and regulations must be identified and ranked in order of the risk associated with noncompliance. This evaluation by itself will often require input from an attorney familiar with the bank’s operations. The next step will be to design and implement a compliance plan.

An effective compliance plan must be comprehensive, and here too the bank will benefit from the advice of counsel. The new efforts must be integrated with existing compliance systems to produce a complete, streamlined approach. All aspects of the bank’s compliance activities should be subject to monitoring and oversight by management, with procedures in place to alert the appropriate personnel when the bank is in danger of violating a particular regulatory provision. That way, the bank can act proactively to remedy a concern before it becomes a true liability.

Staff members must also be educated on regulations pertaining to their duties, and kept abreast of changes in the law. There is a conception that banking law attorneys spend all of their time litigating, but this is untrue. Many practitioners are employed to conduct trainings and to act as a resource for banking professionals concerned with compliance issues. Considering the severe consequences of non-compliance, managers should consider a regulatory awareness program to be money well spent.

Defending Enforcement Actions

Of course, if a bank is already the subject of a regulatory investigation or enforcement action, the objective changes. Now the goal is to defend against inaccurate allegations and to protect individuals within the organization who have been singled out. There are many examples of overzealous regulators abusing their authority to the detriment of innocent directors, officers, and employees. Imprudent enforcement actions can also harm a bank’s reputation and disrupt day-to-day operations.

If non-compliance has occurred, regulators have the power to impose strong sanctions on the bank, including termination of deposit insurance, issuance of “cease and desist” orders, and imposition of civil fines. Monetary penalties can also be issued to individuals within the organization. In extreme cases, individuals may even be targeted for criminal prosecution. In addition to taking immediate remedial action with respect to the non-compliance issue, banks should consult with legal counsel about the possibility of settling the enforcement action informally through direct negotiations with the regulators.

Assistance with Transactional Matters

Banking law also deals with the various transactions that arise as a financial institution goes about serving its customers and growing its business. Legal documents may need to be drafted to address individual accounts, such as a workout agreement for a customer who wants to avoid the repercussions of default. On a larger scale, a bank may need to develop standardized customer agreements in conjunction with new products or lending programs. Transactional matters can also involve the establishment of a de novo charter, the sale or purchase of a branch, or the creation of a new holding company.

In each instance, the bank must take steps to avoid conflicts with relevant consumer protection laws and industry regulations. For example, customer agreements for deposit accounts must comply with federal legislation such as the Truth in Savings Act (TISA), which requires the disclosure of certain interest and fee information, and the Expedited Funds Availability Act (EFAA), which regulates how long a bank can hold funds from a deposited check. Because banking laws change frequently, the assistance of an attorney in these matters is highly recommended.

Selecting a Banking Law Attorney

If your institution is looking to avoid regulatory action and the cost associated with it, you need experienced legal counsel. Many law firms have retired banking executives and government regulators on staff, providing valuable real-world experience. Contact a banking law attorney to learn more.

Articles Related to Banking Law

  • Georgia Court of Appeals Denies Grading Contractors' Claims
    A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.
  • Willfulness and the Civil FBAR Penalty
    In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the United States initiated a coordinated effort with foreign governments to combat tax evasion through the use of offshore trusts and accounts. The U.S. Department of Justice (DOJ) has since launched criminal investigations of several foreign banks, many of which are ongoing.
  • Class Action Lawsuit Against Life Partners Will Move Forward Following Judge’s Ruling
    A Texas judge has rejected a motion by Life Partners Holdings, Inc. to toss a class action lawsuit filed by investors who allege they were misled by the life settlements company. Three Life Partners executives were also named in the lawsuit, which alleges that the company fraudulently misrepresented the nature of life settlements that were sold to investors, making them appear more valuable than they actually were.
  • Managing Retirement Benefits of Trust or Trusteed IRA
    Congratulations on making the decision to plan for your retirement accounts through a trust or trusteed IRA. You’ve selected a cost-effective, responsible plan for your future. Now the question is, “What do I do in this plan?”
  • IRS Changing Terms for Offshore Account Holders
    U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while those who unintentionally fail to disclose offshore accounts will experience much more leniency.
  • Planning for the Million Dollar Balance Retirement Account
    A million dollar retirement account sounds like a significant sum. If something tragic were to happen, a retirement account of this size would seem to financially care for it’s beneficiaries for a long time. However, studies have shown that a typical inheritance is spent within 17 months.
  • Divorce and Credit Card Debt – Known and Unknown
    More and more couples are racking up excessive amounts of debt. To make matters worse, some debt, especially credit card debt, is hidden from the other spouse. Some blame this phenomenon on the fact that more marriages consist of two-income couples. Each spouse may find it difficult to relinquish control of his or her own money. But when divorce is on the horizon, how is this debt ultimately divided?
  • Protect your Financial Security During and After Divorce
    A growing number of people are divorcing late in life. No matter what the reason it is imperative to protect your financial security throughout and after the divorce process. You have accumulated a lot of things during the marriage—now is the time to retain as many as possible. There are savings and investment accounts, real estate and other personal and in some cases business assets to consider. An estate plan must be updated, health and other insurance replaced and the list goes on.
  • Extra! Extra! Read All About It! IRS Commissioner Announces That Changes Are In the Offing For OVDP 2012
    On June 3, 2014 the new IRS Commissioner, John A. Koskinen, gave a speech before the International Business - OECD International Tax Conference. His speech covered the history of the offshore enforcement initiative since the UBS debacle in 2009. His remarks acknowledge what most professionals in the tax community have recognized since the inception: that OVDP needs more tweaking in order to meet the overall goals of enforcement and fairness.
  • U.S. District Court Upholds Multiple Willful FBAR Penalties Against Taxpayer
    In a case that has raised eyebrows in the tax community, a jury in the Southern District of Florida has sustained the IRS’s assessment of multiple willful FBAR penalties against an American business man and bank director.
  • All Banking and Finance Law Articles

United States Federal Reserve Banks

Banking Law - US

  • ABA Section of Business Law - Banking Law

    This Committee offers attorneys of diverse backgrounds common meeting ground to educate themselves and update their knowledge, as well as to exchange ideas search for issues regarding the representation of financial institutions.

  • Bank Secrecy Act

    The Bank Secrecy Act of 1970 (or BSA, or otherwise known as the Currency and Foreign Transactions Reporting Act) requires U.S.A. financial institutions to assist U.S. government agencies to detect and prevent money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities.

  • Banking - Key Laws and Regulations

    Bankersonline brings key laws and regulations, including all of the Federal Reserve's "lettered" regulations, in a user-friendly form. Each regulation or law has its own table of contents page. Each section is laid out on a separate page to make them faster to load and easier to print.

  • Code of Federal Regulations, Title 12 - Banking and Banks

    Title 12 of the United States Code outlines the role of Banks and Banking in the United States Code.

  • Export-Import Bank of the United States

    The Export-Import Bank of the United States (Ex-Im Bank) is the official export credit agency of the United States. Ex-Im Bank's mission is to assist in financing the export of U.S. goods and services to international markets.

  • Federal Reserve System - Purposes and Functions

    Provides a detailed look at the structure, responsibilities, and operations of the Federal Reserve System. Revised in 2005 to reflect changes in monetary, regulatory, and other policy areas. Incorporates major changes in the law and in the structure of the financial system in the past decade.

  • Financial Crimes Information Network (FinCen)

    FinCEN’s mission is to enhance U.S. national security, deter and detect criminal activity, and safeguard financial systems from abuse by promoting transparency in the U.S. and international financial systems.

  • FTC - Electronic Fund Transfer Act

    (a) The Congress finds that the use of electronic systems to transfer funds provides the potential for substantial benefits to consumers. However, due to the unique characteristics of such systems, the application of existing consumer protection legislation is unclear, leaving the rights and liabilities of consumers, financial institutions, and intermediaries in electronic fund transfers undefined. (b) It is the purpose of this title to provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer systems. The primary objective of this title, however, is the provision of individual consumer rights.

  • United States Department of the Treasury

    The Treasury Department is the executive agency responsible for promoting economic prosperity and ensuring the financial security of the United States. The Department is responsible for a wide range of activities such as advising the President on economic and financial issues, encouraging sustainable economic growth, and fostering improved governance in financial institutions. The Department of the Treasury operates and maintains systems that are critical to the nation's financial infrastructure, such as the production of coin and currency, the disbursement of payments to the American public, revenue collection, and the borrowing of funds necessary to run the federal government.

Banking Law - Europe

Banking Law - International

Organizations Related to Banking Law

Publications Related to Banking Law


Posted at 03:08 am by Gaming Law
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(3) BIOTECHNOLOGY LAW

Biotechnology law is a rapidly growing, highly specialized field of law, closely associated with pharmaceutical law and stemming from the field of science and technology. Despite its specialized nature, this area of law does overlap with a few other main practice areas: intellectual property law; patent law (and specifically, patent prosecution); licensing law; litigation; business law; and venture capital law.

Biotechnology is generally defined as the manipulation of microorganisms to perform certain processes and is largely identified with genetic engineering. The procedure usually involves the transfer of genes from one living entity into another, or into a synthetic compound, using advanced recombinant DNA technology. It covers any technological application that uses biological systems, living organisms, or their derivatives, to create, manufacture, modify or adapt plants, products, goods, animals or processes for specific use.

Its applications are useful in the medical field (red biotechnology), the aquatic field (blue biotechnology), the agricultural field (green biotechnology), and the industrial field (white biotechnology). It is involved in the development of new medicines and therapies; new research tools; increasing crop yields; creating hardier crops and plants; increasing the taste, texture and nutritional value of food; decontamination; removal of manmade pollutants and waste; and much more.

With biotechnology, the development time between working theory and a tangible product is far longer than that of other companies, generally seven to ten years. And these are very costly endeavors, ranging from $250 million to $300 million to create, develop, test and prepare a drug/product for market. The nature of these types of innovations and the rapidly evolving laws and regulations regarding biotechnology make this legal practice area both difficult and challenging. Lawyers, companies and scientists must struggle with complex issues involving necessary and applicable financial backing and how best to develop and create business agreements; intellectual property rights; convoluted, drawn-out regulatory proceedings; and many other challenges and obstacles spread over a lengthy time period.

The Coordinated Framework for Regulation of Biotechnology is the U.S. government’s formal policy for dealing with biotechnology and its applications. It was enacted by the Office of Science and Technology Policy (OSTP) Agency and is implemented by the Department of Agriculture (DOA), the Food and Drug Administration (FDA), and the Environmental Protection Agency (EPA). The federal Biotechnology Patent Protection Act allows the patenting of biotechnological processes and/or the resulting products or materials, provided they are novel and non obvious. The FDA largely regulates how drugs and other pharmaceutical products may be brought to market.  


Biotechnology Law - US

  • ABA - Biotechnology Law Commitee

    The Biotechnology Law Committee, part of the ABA Section of Science & Technology Law, keeps abreast of various topics relating to biotechnology including research, commercial, regulatory and patent issues. The committee also covers biotechnology issues relating to clinical medicine, such as gene therapy, forensic medicine, such as DNA fingerprinting, and other areas of biotechnology raising ethical and/or evidentiary issues. The committee follows pending legislation designed not only to control the availability of products of biotechnology, but also to protect the proprietary rights of biotechnology developments in the U.S.

  • Animal and Plant Health Inspection Service (APHIS)

    APHIS uses the term biotechnology to mean the use of recombinant DNA technology, or genetic engineering (GE) to modify living organisms. APHIS regulates certain GE organisms that may pose a risk to plant or animal health. In addition, APHIS participates in programs that use biotechnology to identify and control plant and animal pests. Below is a list of the regulatory requirements for genetically engineered organisms and facilities.

  • Biological Product Deviations

    On November 7, 2000, the Food and Drug Administration published a final rule to amend the requirements of reporting errors and accidents in manufacturing of products. The rule amended the regulation at 21 CFR 600.14 for licensed biological products, and added a requirement at 21 CFR 606.171 applicable to all manufacturers of blood and blood components.

  • FDA's Biotechnology Policy

    In the Federal Register of May 29, 1992 (57 FR 22984), FDA published its "Statement of Policy: Foods Derived from New Plant Varieties" (the 1992 policy). The 1992 policy clarified the agency's interpretation of the application of the Federal Food, Drug, and Cosmetic Act with respect to human foods and animal feeds derived from new plant varieties and provided guidance to industry on scientific and regulatory issues related to these foods.

  • Federal Food, Drug, and Cosmetic Act

    The FDA's online reference edition of the Federal Food, Drug and Cosmetic Act is based on the publication Compilation of Selected Acts Within the Jurisdiction of the Committee on Energy and Commerce; Food, Drug, and Related Law, As Amended Through December 31, 2004, prepared for the use of the Committee on Energy and Commerce, U.S. House of Representatives, March 2005. Updates have been made in the online edition as the act was amended since that time. Notes in the text indicate when the online version was updated, rather than the date the change was enacted.

  • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

    EPA and the states (usually that state's agriculture office) register or license pesticides for use in the United States. EPA receives its authority to register pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Exit EPA disclaimer States are authorized to regulate pesticides under FIFRA and under state pesticide laws. States may place more restrictive requirements on pesticides than EPA. Pesticides must be registered both by EPA and the state before distribution.

  • Federal Issuance of Experimental Use Permits

    An experimental use permit (EUP) is generally required for testing of any unregistered pesticide or any registered pesticide being tested for an unregistered use. However, as described in paragraph (b) of this section, certain of such tests are presumed not to involve unreasonable adverse effects and, therefore, do not require an EUP.

  • Food Biotechnology in the United States - Science, Regulation, and Issues

    This report provides basic information on the science of food biotechnology. It discusses regulatory policies and issues of concern about the use of biotechnology to modify foods through genetic engineering. It describes the scientific processes used and current products available. It explains how all three major federal agencies - the Food and Drug Administration, the U.S. Department of Agriculture, and the Environmental Protection Agency - regulate these foods.

  • Microbial Products of Biotechnology: Final Rule (62 FR 17910)

    The regulation under which the TSCA Biotechnology Program functions is titled "Microbial Products of Biotechnology; Final Regulation Under the Toxic Substances Control Act", promulgated in the Federal Register on April 11, 1997. This rule was developed under TSCA Section 5, which authorizes the Agency to, among other things, review new chemicals before they are introduced into commerce. Under a 1986 intergovernmental policy statement, intergeneric microorganisms (microorganisms created to contain genetic material from organisms in more than one taxonomic genera) are considered new chemicals under TSCA Section 5. The Biotechnology rule sets forth the manner in which the Agency will review and regulate the use of intergeneric microorganisms in commerce, or commercial research.

  • Microbial Products of Biotechnology; Final Regulation Under the Toxic Substances Control Act

    EPA is promulgating this final rule under section 5 of the Toxic Substances Control Act (TSCA), 15 U.S.C 2604, to establish notification procedures for review of certain new microorganisms before they are introduced into commerce. &&New'' microorganisms are those formed by deliberate combinations of genetic material from organisms classified in different taxonomic genera. This review process is designed to prevent unreasonable risk of injury to human health and the environment without imposing unnecessary regulatory burdens on the biotechnology industry. This final rule describes notification procedures and the microorganisms that would be exempt from notification.

  • Office of Science and Technology Policy

    The mission of the Office of Science and Technology Policy is threefold; first, to provide the President and his senior staff with accurate, relevant, and timely scientific and technical advice on all matters of consequence; second, to ensure that the policies of the Executive Branch are informed by sound science; and third, to ensure that the scientific and technical work of the Executive Branch is properly coordinated so as to provide the greatest benefit to society.

  • Office of Science Coordination and Policy Biotechnology Team

    The Biotechnology Team located in EPA's Office of Science Coordination and Policy (OSCP) coordinates scientific, technical, and policy development activities within the Office of Chemical Safety and Pollution Prevention (OCSPP). The OSCP Biotechnology Team is also a focal point for coordination with other Federal agencies on any issues involving biotechnology, including international activities.

  • Regulations of Genetically Engineered Organisms and Products - Biotechnology Information Series

    The United States Department of Agriculture (USDA), the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and most state governments closely monitor the development and testing of a genetically engineered product and can provide pages of test results concerning its safety. However, in the end, only consumers themselves can decide if using a product, whether it is developed by genetic engineering or traditional methods, is right for them.

  • Stem Cell Therapeutic and Research Act of 2005

    On May 23, 2005, Representative Christopher Smith (R-NJ) introduced H.R. 2574, the Stem Cell Therapeutic and Research Act of 2005. The bill to provide for the collection and maintenance of human cord blood stem cells for the treatment of patients and research, and to amend the Public Health Service Act to authorize the C.W. Bill Young Cell Transplantation Program.

  • The Plant Protection Act (PPA)

    The Plant Protection Act (PPA) became law in June 2000 as part of the Agricultural Risk Protection Act. The PPA consolidates all or part of 10 existing USDA plant health laws into one comprehensive law, including the authority to regulate plants, plant products, certain biological control organisms, noxious weeds, and plant pests. The Plant Quarantine Act, the Federal Pest Act, and the Federal Noxious Weed Act are among the 10 statutes the new Act replaces.

  • Toxic Substances Control Act

    The objective of the Toxics Substances Control Act (TSCA) is to allow EPA to regulate new commercial chemicals before they enter the market, to regulate existing chemicals (1976) when they pose an unreasonable risk to health or to the environment, and to regulate their distribution and use.

  • United States Regulatory Oversight in Biotechnology Responsible Agencies - Overview

    The Agencies primarily responsible for regulating biotechnology in the United States are the US Department of Agriculture (USDA), Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA). Products are regulated according to their intended use, with some products being regulated under more than one agency.

  • US Regulatory Agencies - Unified Biotechnology

    The Federal Government of the United States of America has a coordinated, risk-based system to ensure new biotechnology products are safe for the environment and human and animal health. Established as a formal policy in 1986, the Coordinated Framework for Regulation of Biotechnology describes the Federal system for evaluating products developed using modern biotechnology. The Coordinated Framework is based upon health and safety laws developed to address specific product classes. The U.S. Government has written new regulations, policies and guidance to implement these laws for biotechnology as products developed. This framework has allowed the United States to build upon agency experience with organisms and products developed using conventional techniques.

Biotechnology Law - Europe

  • European Biosafety Association (EBSA)

    European Biosafety Association (EBSA) was founded in June 1996. It is a not for profit organisation which aims to provide a forum for its members to discuss and debate issues of concern and to represent those working in the field of biosafety and associated activities. The Association has individual members, representing over 15 countries in Europe, as well as other regions.

  • European Food Information Council (EUFIC) - Modern Biotechnology in Food

    Modern biotechnology - will touch the lives of most European by the close of the 20th century, whether in food, medicine or environmental protection - is the subject of lively and sometimes controversial debate throughout society. In common with many other major scientific and industrial advances, biotechnology raises a range of issues, such as safety, ethics and possible environmental impact.

  • Food Safety and Biotechnology Policy

    In order to ensure that the development of modern biotechnology, and more specifically of GMOs, takes place in complete safety, the European Union has established a legal framework regulating genetically modified (GM) food and feed in the EU. This framework pursues the global objective of ensuring a high level of protection of human life and health and welfare, environment and consumer interests, whilst ensuring that the internal market works effectively.

  • Life Sciences and Biotech Strategy

    The EU's Life Sciences and Biotech Strategy aims to make the European biotech sector more competitive and to foster research in the areas of health care, agriculture, manufacturing and the environment.

  • Task Group on Public Perceptions of Biotechnology

    The Task Group on Public Perceptions of Biotechnology is one of the six Task Groups of the European Federation of Biotechnology. It was established in 1991, to increase public awareness and understanding of biotechnology and the life sciences throughout Europe. The objectives are to advance the public debate on biotechnology and to facilitate dialogue between interested parties.

Biotechnology Law - International

  • Convention on Biological Diversity

    The Convention on Biological Diversity (CBD) entered into force on 29 December 1993. It has 3 main objectives: 1. To conserve biological diversity 2. The use biological diversity in a sustainable fashion 3. To share the benefits of biological diversity fairly and equitably.

  • UN Department of Economic and Social Affairs - Biotechnology

    Environmentally-sound management of biotechnology is the subject of Chapter 16 of Agenda 21. Biotechnology is not directly addressed in the Johannesburg Plan of Implementation. Biotechnology is the integration of the new techniques emerging from modern biotechnology with the well-established approaches of traditional biotechnology. It is a set of enabling techniques for bringing about specific human-made changes in DNA, or genetic material, in plants, animals and microbial systems, leading to useful products and technologies.

  • UN Food and Agricultural Organization (FAO) - Biotechnology

    Biotechnology provides powerful tools for the sustainable development of agriculture, fisheries and forestry, as well as the food industry. When appropriately integrated with other technologies for the production of food, agricultural products and services, biotechnology can be of significant assistance in meeting the needs of an expanding and increasingly urbanized population in the next millennium.

  • United Nations Environment Programme - Environmentally Sound Management of Biotechnology

    Biotechnology is the integration of the new techniques emerging from modern biotechnology with the well-established approaches of traditional biotechnology. Biotechnology, an emerging knowledge-intensive field, is a set of enabling techniques for bringing about specific man-made changes in deoxyribonucleic acid (DNA), or genetic material, in plants, animals and microbial systems, leading to useful products and technologies.

Organizations Related to Biotechnology Law

  • Biotechnology Industry Organization (BIO)

    BIO is the world's largest biotechnology organization, providing advocacy, business development and communications services for more than 1,200 members worldwide. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnology products.

  • National Agricultural Law Center

    The National Agricultural Law Center is the only agricultural law research and information facility that is independent, national in scope, and directly connected to the national agricultural information network. The Center has expanded the scope of its coverage to include food law as it recognizes the expanding scope of agricultural law and its convergence with food law topics. The Center is staffed by a team of law and research professors, lawyers, other specialists, and graduate assistants from the University of Arkansas School of Law Graduate Program in Agricultural Law.

  • World Intellectual Property Organization (WIPO) - IP Services

    The relationship between intellectual property and life science innovations is a particular issue of immediate interest and significance to WIPO Member States. WIPO contributes to the practical understanding of the appropriate role and impact of intellectual property rights on life science technologies, including their ethical, development and health policy implications. WIPO supports international policy discussions and promotes the capacity of policymakers to explore and assess the full range of policy options.

Publications Related to Biotechnology Law

  • All Biotechnology Law Cases and Briefs

    In addition to core biotechnology cases on liability and regulation, these pages include cases and regulations related to medical research, academic institutions, and general regulatory law issues that are critical to lawyers and scientists working in research and industry. Cases are added on a regular basis, and new additions can be found in the new cases section.

  • Bioethics Forum

    Bioethics Forum, hosted by the Hastings Center Report, publishes thoughtful commentary from a range of perspectives on timely issues in bioethics. The opinions expressed in it are those of the authors and not The Hastings Center.

  • de Gruyter Journal of International Biotechnology Law

    Walter de Gruyter is among the first academic publishers in the world to provide electronic access to its journals, books, and databases on a single platform. From now on, you will find all of our online journals and eBooks on this platform. Stay informed about newly added content via email or RSS feed.

  • Mary Ann Liebert, Inc. - Biotechnology

    Founded in 1980, Mary Ann Liebert, Inc. is universally acknowledged for publishing authoritative peer-reviewed journals, books, and trade magazines in the most promising areas of biotechnology, biomedical research/life sciences, clinical medicine and surgery, alternative and complementary medicine, law, philanthropy, environmental science and sustainability.

Articles Related to Biotechnology Law

  • How to Draft Clinical Trial Agreements
    Clinical Trial Agreements (“CTAs”) can be surprisingly complex documents with numerous legal issues, particularly in the setting of a multi-center trial for a new drug product candidate. This outline highlights the principal issues typically arising in a CTA and some of the considerations for companies sponsoring pharmaceutical trials (“Sponsors”) in addressing these issues.
  • SEC Rules Affecting Shell Companies
    What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
  • Can Law Keep up with Technology?
    Science and technology is advancing at a breakneck pace. With each passing day, new technologies and advancements make our world easier, safer and point toward a brighter future. But with each advancement and innovation, legal issues arise.
  • The New Country of Origin Labeling Law (COOL) and How it Will be Applied
    This article discusses and explains the new Country of Origin Labeling Law (COOL) and describes the impact COOL will have on shoppers, food producers and retailers. The author also unwraps what foods the law covers and what foods and retailers are not regulated by this new law.
  • An Inside Look At What Biotechnology Can Do For Mankind
    This article examines what biotechnology is and how it relates to the medical field, agriculture, bio processes, industry and the aquatic field. The author notes that as the planet becomes more polluted and more in need of clean water and food, the field of biotechnology will become even more important.
  • All Science and Technology Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Science and Technology including: biotechnology, chemical law, computer and software, data protection, information technology, internet law, research and development, telecommunications


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(4) COMPUTER CRIME LAW

What is Computer Crime Law?

Computer crime law deals with the broad range of criminal offenses committed using a computer or similar electronic device. Nearly all of these crimes are perpetrated online. The internet provides a degree of anonymity to offenders, as well as potential access to personal, business, and government data. Many computer crimes are committed as a means of stealing money or valuable information, although financial gain is not always the objective. In fact, some of the most notorious incidents of computer crime involved hackers seeking “bragging rights” by overcoming government or corporate cyber security measures.

Laws concerning computer crimes have been enacted at the state and federal levels. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA). This law has been amended and expanded as internet technology has advanced, and it continues to form the basis for federal prosecutions of computer-related criminal activities. Other relevant federal statutes include the Electronic Communications Privacy Act (ECPA), the Identity Theft Enforcement and Restitution Act of 2008 (ITERA), and certain provisions of the USA PATRIOT Act.

Hacking, Piracy, and Cyber Terrorism

Hacking is one of the most well-known types of computer crime. In this context, the term refers to the unauthorized access of another’s computer system. These intrusions are often conducted in order to launch malicious programs known as viruses, worms, and Trojan Horses that can shut down or destroy an entire computer network. Hacking is also carried out as a way to take credit card numbers, internet passwords, and other personal information. By accessing commercial databases, hackers are able to steal these types of items from millions of internet users all at once.

Internet piracy is another common offense. Piracy involves the dissemination of copyrighted material without permission of the owner. Beginning in the early 1990s, music sharing websites became extremely popular, many of them operating in violation of the law. Movies, video games, e-books, and software are now pirated over the internet as well. Estimates by the entertainment industry put the annual cost of internet piracy in the billions of dollars, although there is evidence the scope of the economic impact has been overstated by the industry in an effort to persuade Congress to pass further regulations.

Cyber terrorism is a relatively new phenomenon. These crimes involve politically-motivated attacks to targets such as government websites or commercial networks. Such attacks are designed to be large in scale, and to produce fear and panic among the victim population. With financial markets now trading over the internet and so many other transactions taking place online, the danger of cyber terrorism has received a great deal of attention. However, actual instances of this type of crime are rare.

Identity Theft and Other Frauds

The problem of identity theft existed prior to the development of the internet. Nevertheless, these crimes often involve the use of a computer, as offenders trick online shoppers and other web users into disclosing social security numbers, bank account and credit card information, home addresses, and more. A common scheme is known as “email phishing.” It is accomplished by sending victims an email containing a link to a website that the victims use regularly. The email asks victims to update their account information on the website, but when victims click on the link within the email, they are taken to a copycat website that secretly captures the information they enter.

Online Stalking, Bullying, and Sex Crimes

Some of the most serious computer crimes have nothing to do with making money, achieving political objectives, or showing off a hacker’s skills. Instead, they are designed to cause emotional trauma to the victim. Social media websites provide offenders with the ability to publish hurtful or embarrassing material as a way of inflicting harm on others. Once photographs or other items are posted and circulated online, they can be impossible for the victim to remove. The fallout from these kinds of activities is especially devastating for school age children, who tend to be more sensitive to social harassment.

A number of sexual offenses are also committed using computers. The trafficking of child pornography is one example. Federal and state authorities prosecute these cases vigorously, with convicted offenders often being sentenced to decades of incarceration. Law enforcement also devotes substantial resources to catching online predators who attempt to solicit underage victims for purposes of sex. These criminals are often discovered frequenting internet chat rooms, where they pose as young people in order to lure minor victims into romantic encounters.

Reasons to Hire a Computer Crimes Lawyer

If you have been accused of a computer crime, you need a defense attorney with technical as well as legal expertise. Attorneys practicing in this area will also have access to experts who can review digital evidence and testify at trial if necessary. To learn more, contact a computer crimes lawyer now.

  • Combating Computer Crime

    Computer crime is one of the fastest-growing types of illegal activity, both in the U.S. and abroad. Indeed, much of the computer crime Americans face is from foreign sources, making regulation of these activities by police authorities exceedingly difficult. While the Internet links people together like never before, it also provides endless opportunity to criminals seeking to exploit the vulnerabilities and trusting nature of others.

  • Do Real World Laws Apply to Virtual World Problems?

    Everyday, millions of people login from all over the world to experience various virtual worlds. Some are part of a video game, others are intended to allow for social interactions, and still others include elements for commercial dealings. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. This has led many to ask whether the laws of the real world can or should apply to virtual world problems.

  • Is It Legal For Someone to Share Your Revealing Photos or Videos for Revenge on the Internet

    In this modern digital age, it is often common for romantic partners, particularly those in long distance relationships, to exchange revealing photos of one another. These photos are often intended for the eyes of the receiver only. But, how can you be sure? What happens if you break up or the other person turns out to be less discrete than you had hoped? Is it illegal for someone to share those photos with others?

  • Is it Legal to Download Torrents

    Most people understand that piracy of copyrighted works is illegal. But, many do not understand what piracy is or whether their role in the act of downloading pirated materials is a crime. Immense amount of data are downloaded everyday using file sharing programs called “torrent clients.” That means that millions of Americans are using torrents to share files, often containing pirated materials, which may leave you wondering, “Is it legal to download torrents?”

Articles About Computer Crime Law

  • Internet Enables Thieves to Steal $4 Billion in Tax Refunds
    Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.
  • Top Five White Collar Criminals of All Time
    Quick, who’s the top white collar criminal of all time? If you said, “Bernie Madoff” you’d be wrong, at least as far as sentences go. You wouldn’t be too far off—Mr. Madoff’s 150-year-sentence is impressive, but he only ranks fifth in the list of sentences imposed on high-dollar scammers. Here’s the list of the five most notorious “businessmen” of all time, beginning with that fifth-place notable crook:
  • What Does the Law Say About Using Someone's Webcam or Computer Microphone to Spy on Them?
    In our modern, connected age, it seems everyone has a tablet or laptop computer that they use on a daily basis. These computers usually have built in webcams and microphones which, while very useful for legitimate purposes like video calls, can also be a vehicle for embarrassment, identity theft, and spying on your most intimate moments. So, what does the law have to say about using someone's webcam or computer microphone to spy on them?
  • Injured by Online Dating, Can I Sue?
    Just as with real world dating, sometimes Internet dating can be dangerous. People may not be who they say or may actually be dangerous. Online dating services may use your personal information and photographs for purposes other than what you had intended. Internet dating sites may actually put tracking software on your computer or expose you to identity theft, computer viruses, or other harm. So, if you have been injured by a dating site in some way, it is common to wonder whether you can sue?
  • Is it Legal for Someone to Post my Private Photos Then Demand Money for Their Removal?
    Over the last few years, a number of unscrupulous websites have developed around Americans' increasing comfort with sharing private, intimate photos with one another. While the photos are usually not intended for public consumption, often after a rough breakup or other event in which the recipient is left unhappy, that person will post those photos for the world to see. But is this legal? More importantly, can the site where the photos are posted legally charge you to take them down?
  • Do Real World Laws Apply to Virtual World Problems?
    Everyday, millions of people login from all over the world to experience various virtual worlds. Some are part of a video game, others are intended to allow for social interactions, and still others include elements for commercial dealings. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. This has led many to ask whether the laws of the real world can or should apply to virtual world problems.
  • Can You Fire Someone For Their Social Media Complaints About Work?
    Social media is everywhere today; from Facebook to Twitter to LinkedIn, it would be almost impossible for an employer not to have someone working for them that has some form of social media presence. While you might be able to keep an employee from updating their Facebook status from the office, can you do anything about what they say or do about you or your company on their social media in their own time? Indeed, can you fire someone for their social media complaints about work?
  • Is There a Law Against Cyberstalking or Cyberharassment?
    With the rise of social networking, many have lost some of their concerns about personal privacy. Indeed, millions of Americans share the intimate details of their lives with an audience of dozens to thousands to sometimes even millions of people everyday, and think nothing of it. But what happens when someone begins to use this information against you? Are they violating any laws by following you online or bothering you on the Internet?
  • Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse Act
    In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.
  • Is It Legal For Someone to Share Your Revealing Photos or Videos for Revenge on the Internet
    In this modern digital age, it is often common for romantic partners, particularly those in long distance relationships, to exchange revealing photos of one another. These photos are often intended for the eyes of the receiver only. But, how can you be sure? What happens if you break up or the other person turns out to be less discrete than you had hoped? Is it illegal for someone to share those photos with others?
  • All Criminal Law Articles

Computer Crime Law - US

  • Communications Assistance for Law Enforcement Act (CALEA)

    In response to concerns that emerging technologies such as digital and wireless communications were making it increasingly difficult for law enforcement agencies to execute authorized surveillance, Congress enacted CALEA on October 25, 1994. CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities.

  • Computer Software Privacy and Control Act

    To prevent deceptive software transmission practices in order to safeguard computer privacy, maintain computer control, and protect Internet commerce.

  • Department of Justice - Computer Crime and Intellectual Property Section

    The Computer Crime and Intellectual Property Section (CCIPS) is responsible for implementing the Department's national strategies in combating computer and intellectual property crimes worldwide. The Computer Crime Initiative is a comprehensive program designed to combat electronic penetrations, data thefts, and cyberattacks on critical information systems. CCIPS prevents, investigates, and prosecutes computer crimes by working with other government agencies, the private sector, academic institutions, and foreign counterparts.

  • Digital Millennium Copyright Act

    The Digital Millennium Copyright Act (DMCA) was enacted in 1998. The basic purpose of the DMCA is to amend Title 17 of the United States Code and to implement the World Intellectual Property Organization (WIPO) Copyright Treaty and Performances and Phonograms Treaty, which were designed to update world copyright laws to deal with the new technology.

  • Economic Espionage Act (EEA)

    In addition to laws specifically tailored to deal with computer crimes, traditional laws can also be used to prosecute crimes involving computers. For example the Economic Espionage Act (EEA) was passed in 1996 and was created in order to put a stop to trade secret misappropriation.

  • Electronic Communications Privacy Act

    Passed in 1986, Electronic Communications Privacy Act (ECPA) was an amendment to the federal wiretap law, the Act made it illegal to intercept stored or transmitted electronic communication without authorization.

  • FBI - Cyber Crime Division

    The FBI's cyber mission is four-fold: first and foremost, to stop those behind the most serious computer intrusions and the spread of malicious code; second, to identify and thwart online sexual predators who use the Internet to meet and exploit children and to produce, possess, or share child pornography; third, to counteract operations that target U.S. intellectual property, endangering our national security and competitiveness; and fourth, to dismantle national and transnational organized criminal enterprises engaging in Internet fraud. Pursuant to the National Strategy to Secure Cyberspace signed by the President, the Department of Justice and the FBI lead the national effort to investigate and prosecute cybercrime.

  • Fraud and Related Activity in Connection with Computers

    Section 1030(a)(1) makes it illegal to access a computer without authorization or in excess of one’s authorization and obtain information about national defense, foreign relations, or restricted data as defined in the Atomic Energy Act of 19549, which covers all data concerning design, manufacture or utilization of atomic weapons and production of nuclear material. It is worth noting that section 1030(a)(1) requires proof that the individual knowingly accessed the computer without authority or in excess of authorization for the purpose of obtaining classified or protected information. Section 1030(a)(1) criminalizes the use of a computer to gain access to the information, not the unauthorized possession of it or its transmission.

  • Fraudulent Online Identity Sanctions Act

    FOISA attempts to tackle the problem of criminals registering online domains under false identification, it includes a provision that would increase jail times for people who provide false contact information to a domain name registrar and then use that domain to commit copyright and trademark infringement crimes.

  • Internet Freedom Preservation Act of 2008

    To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summits to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes.

  • National Information Infrastructure Protection Act of 1996

    The National Information Infrastructure Act (NIIA) was passed in 1996 to expand the CFAA to encompass unauthorized access to a protected computer in excess of the parties’ authorization.

  • The Computer Fraud and Abuse Act

    The Computer Fraud and Abuse Act, first enacted in 1984 and revised in 1994, makes it certain activities designed to access a "federal interest computer" illegal. These activities may range from knowingly accessing a computer without authorization or exceeding authorized access to the transmission of a harmful component of a program, information, code, or command. A federal interest computer includes a computer used by a financial institution, used by the United States Government, or one of two or more computers used in committing the offense, not all of which are located in the same State. The Legal Institute provides Title 18 of the U.S. Code, which encompasses the Computer Fraud and Abuse Act.

Computer Related Crimes Law

  • CA Global Security Advisor - Viruses, Spyware, Malware and Worms

    CA's Global Security Advisor is the place to check for current information on global threats that is researched and published via a network of rapid response centers around the world delivering: Comprehensive validated virus, spyware and vulnerability databases Clean-up utilities, detection signatures files and remediation instructions Valuable documentation on implementing complete threat protection and security management solutions.

  • CAN-SPAM Act

    Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

  • Computer Crime Research Center - Computer Piracy

    Computer piracy is reproduction, distribution and use of software without permission of the owner of copyright. Kinds of illegal software use that can be qualified as copyright violation: - selling of computer facilities with illegally installed software; - replication and distribution of software copies on information carriers without permission of the copyright owner; - illegal distribution of software through communication networks (Internet, e-mail, etc.); - illegal use of software by the user.

  • Computer Hacking Laws

    The news said that another person had their identity stolen. It happened again. You might even know of someone that had it happen to them. We often hear of percentages - and they are surprisingly high. Enforcement is taking place, but we have to wonder if computer hacking laws are really having any effect against cyber hacking. This article will show what is being done against cyber crime.

  • CyberStalking and CyberHarassment Laws

    States have enacted "cyberstalking" or "cyberharassment" laws or have laws that explicitly include electronic forms of communication within more traditional stalking or harassment laws.

  • Denial-of-Service Attacks

    In a denial-of-service (DoS) attack, an attacker attempts to prevent legitimate users from accessing information or services. By targeting your computer and its network connection, or the computers and network of the sites you are trying to use, an attacker may be able to prevent you from accessing email, web sites, online accounts (banking, etc.), or other services that rely on the affected computer. The most common and obvious type of DoS attack occurs when an attacker "floods" a network with information. When you type a URL for a particular web site into your browser, you are sending a request to that site's computer server to view the page. The server can only process a certain number of requests at once, so if an attacker overloads the server with requests, it can't process your request. This is a "denial of service" because you can't access that site.

  • Internet Investment Scams - SEC

    The Securities and Exchange Commission (SEC), which receives about 300 complaints a day concerning online scams, devotes one-fourth of its enforcement staff to computer-related offenses.

  • Internet Scam and Hoaxes

    Email hoaxes spread misinformation, waste bandwidth, and lessen the effectiveness of email as a communication medium. Hoax-Slayer helps stop the continued circulation of these hoaxes by publishing information about them. Hoax-Slayer allows Internet users to check the veracity of a large number of common email hoaxes. Information about new hoaxes is added on a regular basis.

  • National Consumers League - Online and Internet Fraud

    Our mission is to give consumers the information they need to avoid becoming victims of telemarketing and Internet fraud and to help them get their complaints to law enforcement agencies quickly and easily.

  • Online Safety - Phishing

    Phishing e-mail messages are designed to steal your identity. They ask for personal data, or direct you to Web sites or phone numbers to call where they ask you to provide personal data.

Computer Crime Law - International

Organizations Related to Computer Crime Law

Publications Related to Computer Crime Law


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(5) INTERNET AND CYBERSPACE CRIME LAW

Internet and Cyberspace Crime Law governs crimes on the internet. It is regulated by U.S. federal and state laws, as well as international laws. Cybercrime is one of the three general categories of Computer Crime.

They are crimes that are committed through the use of computer networks and devices, although the crime committed does not target the actual computer or the network (Fraud and identity theft: phishing and pharming scams; corporate espionage; embezzlement; cyber terrorism; child pornography trafficking, and more).

State law requires that in order to be convicted of cybercrime, one must willfully, knowingly or purposely access computer-based data and intend to steal, destroy or alter computer-based information, steal services, passwords, or otherwise interfere with hardware or software, etc. It is not criminal, if one accidentally or unintentionally happens upon secure information without intent.

Most states classify cybercrimes as either misdemeanors or felonies based upon the amount of damage sustained by the victim, although the amounts vary from state to state.

To consult State Legislation regarding internet and cyberspace crime laws and regulations please see the
Criminal Code by State page.

  • Do Real World Laws Apply to Virtual World Problems?

    Everyday, millions of people login from all over the world to experience various virtual worlds. Some are part of a video game, others are intended to allow for social interactions, and still others include elements for commercial dealings. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. This has led many to ask whether the laws of the real world can or should apply to virtual world problems.

  • s it Legal for Someone to Post my Private Photos Then Demand Money for Their Removal?

    Over the last few years, a number of unscrupulous websites have developed around Americans' increasing comfort with sharing private, intimate photos with one another. While the photos are usually not intended for public consumption, often after a rough breakup or other event in which the recipient is left unhappy, that person will post those photos for the world to see. But is this legal? More importantly, can the site where the photos are posted legally charge you to take them down?

Articles Related to Internet and Cyberspace Crime Law

  • All Criminal Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.

Internet and Cyberspace Crime Law - US

  • ABA - Committee on Cyberspace Law

    The Committee on Cyberspace Law provides a forum for analysis of corporate, transactional and regulatory issues related to the internet and digital technologies. The Committee works in a wide range of legal disciplines including electronic commerce and contracts, consumer protection, intellectual property, cybersecurity & privacy, jurisdiction, internet governance, and online financial activities. The Committee seeks to identify and address legal, business, and consumer issues affected by the implementation of emerging technologies and to facilitate the creation of legal infrastructures that protect and support electronic commerce. The Committee provides practical tools and guidance both for practitioners who regularly deal with cyberlaw issues and for those who encounter them only occasionally.

  • Computer Crime Cases

    Presentation of a summary chart of recently prosecuted computer cases. Many cases have been prosecuted under the computer crime statute, 18 U.S.C. §1030. This listing is a representative sample; it is not exhaustive. Click on the name of the case to read a press release about the case.

  • Cyber Investigations - FBI

    The FBI's cyber mission is four-fold: first and foremost, to stop those behind the most serious computer intrusions and the spread of malicious code; second, to identify and thwart online sexual predators who use the Internet to meet and exploit children and to produce, possess, or share child pornography; third, to counteract operations that target U.S. intellectual property, endangering our national security and competitiveness; and fourth, to dismantle national and transnational organized criminal enterprises engaging in Internet fraud. Pursuant to the National Strategy to Secure Cyberspace signed by the President, the Department of Justice and the FBI lead the national effort to investigate and prosecute cybercrime.

  • Cyber Security Enhancement Act (CSEA)

    The Cyber Security Enhancement Act (CSEA) was passed together with the Homeland Security Act in 2002, it granted sweeping powers to the law enforcement organizations and increased penalties that were set out in the Computer Fraud and Abuse Act.

  • Cyberspace Crimes - Definition

    Cyberspace crimes are the fastest growing challenge for the future of the Internet. As the world's infrastructure becomes more centralized, the potential problems become even greater. Fraud, blackmail, child pornography and cyberterrorism are becoming more common throughout the world. Authorities attempt to control these situations, but the lack of laws and continued advancements in technology present real impediments to properly dealing with these crimes.

  • Cyberspace Law - NAAG

    As today's technology-driven world provides a new arena for criminals and other unscrupulous actors, the Cyber Crime Project works to provide the necessary training and technical assistance to prosecutors in Attorney General Offices to enable them to successfully investigate and prosecute computer-based crimes. Funded through a cooperative effort between NAAG and the National Center for Justice and the Rule of Law at the University of Mississippi, the Project develops and conducts training seminars throughout the year at the University. Hedda Litwin, NAAG's Cyber Crime and Violence Against Women Counsel, is responsible for the trainings.

  • Electronic Crime - National Institute of Justice (NIJ)

    NIJ's Electronic Crime Program is designed to address any type of crime involving digital technology, including cyber-crime and cyber-terrorism. The goal of the program is to enable the criminal justice community to better address electronic crime by building capacity for and conduits among Federal, State, and local agencies, industry, and academia.

  • National Cyber Security Division - Department of Homeland Security (DHS)

    The National Cybersecurity Division (NCSD) works collaboratively with public, private and international entities to secure cyberspace and America’s cyber assets. Strategic Objectives: To protect the cyber infrastructure, NCSD has identified two overarching objectives: * To build and maintain an effective national cyberspace response system * To implement a cyber-risk management program for protection of critical infrastructure.

  • USDOJ - Reporting Computer, Internet-Related, or Intellectual Property Crime

    Internet-related crime, like any other crime, should be reported to appropriate law enforcement investigative authorities at the local, state, federal, or international levels, depending on the scope of the crime. Citizens who are aware of federal crimes should report them to local offices of federal law enforcement.

  • WHOA - United States Federal and State Cyberstalking Laws

    WHOA is a volunteer organization founded in 1997 to fight online harassment through education of the general public, education of law enforcement personnel, and empowerment of victims. The mission of WHOA is to educate the Internet community about online harassment, empower victims of harassment, and formulate voluntary policies that systems administrators can adopt in order to create harassment-free environments. We've also formulated voluntary policies which we encourage online communities to adopt in order to create safe and welcoming environments for all internet users.

Internet and Cyberspace Crime Law - Europe

  • Council of Europe - Convention on Cybercrime

    Concerned about the weak computer crime laws in some European countries, the Council of Europe (part of the European Commission) has issued a draft treaty that would require its member countries to pass comprehensive computer crime legislation. The treaty calls for criminalization of hacking, unauthorized interception of data, interference with computer systems, and computer-related fraud and forgery.

  • Council of Europe - Cybercrime

    The Council of Europe helps protect societies worldwide from the threat of cybercrime through the Convention on Cybercrime and its Protocol on Xenophobia and Racism, the Cybercrime Convention Committee (T-CY) and the Project on Cybercrime.

Internet and Cyberspace Crime Law - International

  • Cyber Law of India

    Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

  • International Cybercrime Treaty

    The Senate has ratified a broad new treaty that expands police powers and requires American authorities to conduct surveillance on individuals whose actions violate the laws of foreign countries but not US law. Created for law enforcement with little to no public input and subjecting its adherents to the whims of foreign dictators, the Council on Europe's International Cybercrime Treaty was ostensibly created to help protect against cybercrime, but is drafted so broadly that it will affect far more than a few hackers.

Organizations Related to Internet and Cyberspace Crime Law

  • CERT

    CERT researches, analyzes, and develops technology and training aimed at helping administrators secure their systems and networks. Building on its long history of vulnerability research, CERT is involved with vulnerability analysis, an effort divided into two areas: vulnerability discovery and vulnerability remediation.

  • Computer Crime Research Center (CCRC)

    Law enforcement and security officials know it, and so do insurance professionals. In fact, they expect cyber liability to be one of the fastest-growing segments of the national property and casualty market.

  • Cyberspace Law and Policy Centre - UNSW

    The Cyberspace Law and Policy Centre at UNSW provides a focus for research, public interest advocacy and education on issues of law and policy concerning digital transactions in cyberspace. It is a Centre of the Faculty of Law at the University of New South Wales in Sydney, Australia.

  • Cyberterrorism Defense Initiative

    the CDI program was created to provide comprehensive, transferable, and inexpensive cyberterrorism training to qualifying technical personnel throughout the United States. Personnel can come from public safety, law enforcement, state and local government, public utilities, colleges and universities, and health care providers.

  • Inter-American Cooperation Portal on Cyber Crime (OAS)

    In March, 1999, the Meetings of Ministers of Justice or other Ministers or Attorneys General of the Americas, recognizing the spread and potential magnitude of cyber-crime for OAS member states, recommended the creation of an intergovernmental expert group, within the framework of the OAS, with responsibility for: 1. Completing a diagnosis of criminal activity which targets computers and information, or which uses computers as the means of committing an offense; 2. Completing a diagnosis of national legislation, policies and practices regarding such activity; 3. Identifying national and international entities with relevant expertise; and 4. Identifying mechanisms of cooperation within the inter-American system to combat cyber crime.

  • Internet Crime Complaint Center (IC3)

    The Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime.

  • Internet Fraud Watch

    The Internet offers a global marketplace for consumers and businesses. But crooks also recognize the potentials of cyberspace. The same scams that have been conducted by mail and phone can now be found on the World Wide Web and in email, and new cyberscams are emerging. It's sometimes hard to tell the difference between reputable online sellers and criminals who use the Internet to rob people.

Publications Related to Internet and Cyberspace Crime Law

  • Computer World Security - Cyber Crime and Hacking

    Get the latest news and analysis on cybercrime and hacking.

  • The Law of Cyber-Space

    This site provides reading materials for students studying the law as it applies to activities in cyberspace. The reading materials include edited cases, statutes, treaties, and law review articles, as well as content written by the individual module authors.


Posted at 03:17 am by Gaming Law
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(6) FAMILY LAW

What is Family Law?

Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.

The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.

With respect to property division at the time of divorce, every state has a comprehensive set of laws in place to determine the rights of the parties. However, couples who do not agree with the default rules in their state can “opt-out” by hiring a lawyer to draft a prenuptial agreement. Absent fraud or duress, courts will enforce these premarital agreements upon divorce, and distribute property and financial support accordingly.

Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.

In a contested family law case, most people understand that hiring a skilled attorney will provide an advantage. An attorney can find assets or income the other party is trying to hide, present arguments regarding child support and visitation, and even take the case to trial if settlement talks fail. Attorney representation is just as crucial in uncontested cases, however. Without it, a party is vulnerable and can unknowingly waive important legal rights.

Parental Rights & Obligations

The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall wellbeing of their children. Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.”

In an effort to do what is best for the child, the court can assign legal and physical custody to one parent, or these rights can be shared. A typical schedule would allow the child to spend weekends, summers, and alternating holidays with the non-custodial parent, with both parents having an equal say in major decisions affecting the child. When approving a custody schedule, the court will do what it can to avoid unnecessary disruptions to the child’s life.

All parents have a legal duty to provide financial support for their children. The amount of support ordered in a particular case will be calculated according to state statute. Most states publish a child support worksheet that simplifies the task. The calculation will take into account the respective incomes of the parents, the cost of health insurance for the child, support paid for other children by the non-custodial parent, and more.

Custody and support orders are subject to modification. In fact, family law attorneys spend much of their time representing clients in modification proceedings. To alter a visitation schedule or revise the amount of child support, the requesting party must demonstrate that circumstances have changed since the order was entered. Examples of changed circumstances include loss of employment, moving, a parent becoming disabled, etc.

Family law cases can involve a number of other issues. Establishing (or disproving) paternity is a common subject of litigation, although it is becoming less complicated with the ability of courts to order DNA testing. Other issues include the termination of parental rights, adoption, gay and LGBT relations, and grandparent rights. Family law in the 21st century is evolving quickly, making it more important than ever to seek advice from a qualified attorney. 

  • Creating a Prenuptial Agreement

    It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.

  • How Does a Minor Get Emancipated from His or Her Parents?

    Emancipation allows a a minor to conduct business or hold a job on his or her own behalf, enter into contracts, and otherwise generally be treated as one who had reached the age of majority (i.e., an adult). Whether parental consent is required for emancipation can depend on the circumstances and the jurisdiction.

  • How to Get an Annulment

    In many ways, annulments are no different than divorces. Like a divorce, an annulment is a court order after a proceeding that essentially dissolves a marriage. But, unlike a divorce, an annulment has the legal effect of declaring that the marriage never existed in the first place.

  • Where is Same-Sex Marriage Legal in the United States?

    Same-sex marriage is now legally recognized in several states as well as the federal government for tax and immigration purposes.

Articles About Family Law

  • The Difference Between Separation and Divorce
    If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some professionals advise against jumping into a divorce for a number of reasons, one of which is the immense financial liability.
  • How to Answer Written Discovery in Your Case
    You may have been told recently by your attorney that you need to answer written discovery in your case. This may come at a time when you are already stressed out by the fact that you are involved in a lawsuit. This article will give you some practical tips about how to manage the paperwork more easily.
  • Pennsylvania Nursing Home Care: A Passing Grade
    Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
  • California Child Support Laws - The Basics
    With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
  • Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
    Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
  • How Divorce Effects Children
    Decades ago, the American culture as a whole began believing that unhappy parents equaled unhappy kids. This belief led many parents to divorce for the sake of their kid's happiness. However, research on the subject, which has spanned over 30 years, has found that in reality, kids suffer more and are therefore unhappy more when their parents get divorced. Consequently, parents aren’t any happier either.
  • How Cohabitation Impacts Alimony Payments
    Let’s assume for this discussion that you have settled your divorce, the kids are coping with the change in their lives. You have moved on from your divorce and have found a wonderful new partner in life. You are thinking about moving in with them and taking that relationship to the next level.
  • When Does Child Support End?
    Child support is a parent’s legal obligation to provide for their children. It is the responsibility of both parents. The money actually belongs to the children and is to be used only for them, to provide food, clothing, shelter, medical care – the necessities of life. Child support payments cannot be waived.
  • Seeking A Divorce Settlement? Where To Begin
    Deciding to end your marriage is not easy decision to make. There are so many emotions involved, and it can seem completely confusing It may not be easy to think in a calm, rational manner during this time, but if you want the best result for your divorce, with the least amount of pain, it is something you must try to do.
  • Courtroom Etiquette
    The day of reckoning (for your marriage, anyway) is almost here. You are probably a little nervous about your court appearance. Your attorney should help prepare you for this appearance, but we offer a few tips here to try to calm the nerves.
  • All Family Law Articles

Family Law - US

  • ABA - Section of Family Law

    American Bar Association Section of Family Law's dedicated lawyers, associates and law students serve as leaders in the field of marital and family law. ABA Section of Family Law offers products and resources for lawyers, students and the public.

  • Administration for Children and Families (ACF)

    The purpose of Administration for Children and Families (ACF) is to ensure the welfare and well-being of the quality of life of children and families. Their programs are aimed at empowering and equipping individuals, families and communities by finding solutions to difficult situations, through assistance, support and caring.

  • Child Welfare Information Gateway

    Child Welfare Information Gateway contributes to protecting children by providing access to, online and offline, resources. The information covers topics related to the welfare of children.

  • Family Law

    Here legal aspects regarding Family Law are addressed. The material and topics include, but are not limited to: living together, marriage, divorce, adoption, child support and more.

  • Family Law - State Statutes

    Family Law legislation differs from State to State. Here the Statues, regarding Family Law across the country.

  • Family Law - Wikipedia

    Family Law is part of the law that deals with relations within the family and issues related thereto. Examples of family law are: the nature and issues arising from a marriage; civil unions and domestic partnerships; mental and physical abuse of the spouse and/or children; legitimacy, adoption, surrogacy and abduction of children; annulment, divorce, alimony and settlements; and custody, visitation and support pertaining to the child.

  • Family Law Organization - Family Law Code by State

    Family Law Organization offers resources to attorneys and parents. These resources include the Family Law Code, attorney database and discussion links.

  • Uniting American Families Act

    The Uniting American Families Act (formerly the Permanent Partners Immigration Act) amends the definition of “spouse” under the U.S. Immigration and Nationality Act. This remedy allows U.S. citizens and legal permanent residents to sponsor their same-sex partners for family-based immigration.

  • US Department of Health and Human Services - Families

    This Department provides essential human services to protect the health of the people. The topics contain information on safety, health insurance and how to improve your own health and the health of your family.

Family Law - International

Organizations Regarding Family Law

Publications Regarding Family Law


Posted at 03:20 am by Gaming Law
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(7) GAMING LAW

Gaming or Gambling is restricted in America, though its popularity is increasing, and thus this area of the law is growing steadily. Laws related to gaming are important not only for those involved with gaming operations, like casinos, bingo, or poker tournaments, but also for the average person who wants to know whether he or she can legally start a card group, a fantasy football league, or an NCAA tournament bracket betting pool at the office.

Many think of gambling and gaming laws as being or relevance only to areas like Las Vegas and Atlantic city, but in reality, every state has its own gambling laws. In fact, including state run lotteries, almost every state has some form of legalized gambling, though casino-style gambling is much less widespread. Gambling is legal under US federal law, but there are significant restrictions on online gambling. And, federal law provides significant carve outs to allow for Native American casino gambling and other types of gaming.

Nevada and Louisiana are the only two states where casino-style gambling is legal statewide, though both states also heavily regulate these activities. Many other states allow casino-style gambling in very small geographic areas (such as Atlantic City in New Jersey).

Online gambling has been more strictly regulated by the US federal government. Laws regarding online gambling include the Federal Wire Act of 1961 and the Unlawful Internet Gambling Enforcement Act of 2006 (UIEGA). In response to these heavy federal regulations, much online gaming has moved offshore, with some foreign providers simply ignoring American laws.

The resources below will provide additional information regarding gaming and gambling laws, and the “Law Firms” tab, above, will provide you with the identities of attorneys in your jurisdiction who are experienced in this area of practice.

 

Articles About Gaming Law

  • Indian Gaming Laws
    Many states have small casinos associated with a Native American tribe. This often leads one to wonder why casinos are legal when associated with an Indian Tribe, but not under other circumstances. Which laws apply to these Indian casinos, as they are often called, and how are they regulated?
  • A History of American Gaming Laws
    Gambling is restricted in America, though its popularity is increasing. Laws regarding gambling are important not only for those involved with gaming operations, like casinos, bingo, or poker tournaments, but also for the average person who wants to know whether he can legally start a betting pool among his friends or at his office, has an idea for a new business model involving some form of chance, or if he can legally participate in an online poker tournament.
  • Did You Know Your Fantasy Football League Might be Illegal?
    Millions of Americans engage in creating fantasy football teams. It can be a fun way to add an extra layer of enjoyment to the season and, for some, to add an extra investment in the fan's favorite players and teams. While most fans only worry about who they will start on their fantasy team on Sunday, if their league has an entry fee or awards prizes, they may be engaging in illegal activity.
  • Follow the Rules when Fishing in Utah this Summer
    Strawberry Reservoir is a popular spot to fish in Utah. Fish can grow well and thrive there, which is good for fishermen. There have been problems there, however, with an overabundance of non-native fish populations. The Utah Division of Wildlife Resources (DWR) has tried to reduce non-native fish populations and manage desired fish species with targeted regulations.
  • Charity and Non-Profit Organization Law in California - How to Hold A Charitable Raffle or Poker Tournament in Orange County
    There is a growing trend by California Charities and Non-Profit Organizations to hold raffles for dream homes worth millions of dollars and poker tournaments to increase donations in these tough economic times. However, there are a considerable number of rules which must be followed by such charity organizations and violation of those rules can lead to a charity being referred to county prosecutors as this Orange County Charity attorney explains.
  • All Articles About Gaming and Leisure Law

Gaming Law - US

  • ABA - Gaming Law

    We are pleased to announce our new slate of subcommittees and subcommittee leaders: * Commercial Gaming, * Indian Gaming, * International & Internet Gaming, and * Programs & Publications.

  • Federal Anti-Lottery Laws

    Federal statutes prohibit, among other things, the mailing or transportation in interstate or foreign commerce of promotions for lotteries or the sending of lottery tickets themselves. The text of the several statutes is set forth below.

  • Gambling Laws in the United States at the State and Federal Levels are Examined in Depth

    This Website is an effort to make available a wide range of information on gambling laws at both the State and Federal levels governing the legality of various forms of gambling and gaming.

  • Gambling Ship Act

    In making a prosecutorial determination whether a particular ship is a gambling ship within the meaning of this definition, it will be presumed that a ship which operates one or more gambling establishments on board is a "gambling ship," unless it cruises for a minimum of 24 hours with meals and lodging provided for all passengers, or unless it docks at a foreign port.

  • Gaming Law - Definition

    Gaming law can be described as the set of rules and regulations that apply to the gaming or gambling industry. Gaming law is not exactly a branch of law in the traditional sense but rather a transversal gathering of a range of legal topics related to gaming which encompasses matters normally included in various branches of law, including constitutional law, administrative law, tax law, company law, contract law and criminal law.

  • Illegal Gambling Business Act

    The Illegal Gambling Business Act of 1970 was enacted as part of the Organized Crime Control Act of 1970. The statute (18 U.S.C. §1955) was aimed at syndicated gambling,[1] that is, large-scale, illegal gambling operations that were thought to be financing organized crime.

  • Indian Gaming Regulatory Act (IGRA)

    The Indian Gaming Regulatory Act (IGRA) requires that tribes engaged in class II or class III gaming adopt a tribal gaming ordinance and that that ordinance must be approved by the Chairman of the National Indian Gaming Commission. To assist you in complying with the ordinance requirements of the IGRA and the Commission's regulations, the Commission has drafted a model ordinance which is enclosed for your use. You may wish to consider adopting the model ordinance and submitting it to the Commission.

  • Internet Law Library - Gambling

    This section of the Internet Law Library contains court decisions that address the legality of operating online casinos, lotteries, bookmaking or other gambling operations that accept bets or wagers online or via telephone from individuals located in the United States.

  • Office of Indian Gaming Management

    The Office of Indian Gaming Management, under the supervision of the Deputy Assistant Secretary-Indian Affairs Economic Development and Policy, is responsible for implementing those gaming-related activities assigned to the Bureau of Indian Affairs by the Indian Gaming regulatory Act and other Federal laws. The office develops policies and procedures for review and approval of: tribal/state compacts; per capita distributions of gaming revenues; and requests to take land into trust for purpose of conducting gaming. Work is coordinated with the National Indian Gaming Commission and with state, local and tribal governments that may be impacted by gaming proposals.

  • Tribal Gaming Ordinances

    The IGRA requires that each Tribe enact a Tribal Gaming Ordinance that is approved by the NIGC Chairman before opening a gaming operation. The IGRA, 25 U.S.C. § 2710, and NIGC regulations, 25 C.F.R. Part 522, require certain provisions to appear in the ordinance. Additional guidance is provided in NIGC Bulletins 1993-1 and 2005-5.

Organizations Related to Gaming Law

  • American Gaming Association (AGA)

    The American Gaming Association (AGA) opened its office in Washington, D.C., in June 1995 with the fundamental goal of creating a better understanding of the gaming entertainment industry by bringing facts about the industry to the general public, elected officials, other decision makers and the media through education and advocacy.

  • International Association of Gaming Advisors (IAGA)

    The International Association of Gaming Advisors (IAGA) is a nonprofit professional corporation dedicated to the study and development of gaming law. Formed in 1980, it has grown to more than 500 members worldwide. The high point of IAGA’s year is the annual joint conference with its sister organization the International Association of Gaming Regulators (IAGR).

  • International Association of Gaming Regulators (IAGR)

    The International Association of Gaming Regulators (IAGR) is an organization of gaming regulators from around the world who communicate on a continuing basis about matters of common interest and convene annually at a formal meeting.

  • International Masters of Gaming Law (IMGL)

    The International Masters of Gaming Law (IMGL) is an invitation-only, non-profit association dedicated to education and the advancement of the gaming law profession, and to establishing an exchange of professional information about the local and global practice and development of gaming law.

  • National Center for Responsible Gaming (NCRG)

    The National Center for Responsible Gaming is the only national organization exclusively devoted to funding research that helps increase understanding of pathological and youth gambling and find effective methods of treatment for the disorder.

  • National Indian Gaming Association

    Nonprofit organization with information on tribal gaming casinos, newsletters, and Indian Gaming Myths from around the country.

  • National Indian Gaming Commission

    As an independent federal regulatory agency of the United States, the National Indian Gaming Commission (Commission) was established pursuant to the Indian Gaming Regulatory Act of 1988 (Act). The Commission comprises a Chairman and two Commissioners, each of whom serves on a full-time basis for a three-year term. The Chairman is appointed by the President and must be confirmed by the Senate. The Secretary of the Interior appoints the other two Commissioners. Under the Act, at least two of the three Commissioners must be enrolled members of a federally recognized Indian tribe, and no more than two members may be of the same political party.

  • North American Gaming Regulations Association

    NAGRA is a nonprofit professional association of gaming regulators throughout North America. The organization brings together agencies that regulate gaming activities and provides them a forum for the mutual exchange of regulatory information and techniques.

Publications Related to Gaming Law

  • Gaming Law Review and Economics: Regulation, Compliance, and Policy

    Gaming Law Review and Economics is the only authoritative Journal covering traditional land-based, Internet, and wireless gaming law in one of the fastest growing economic leisure industries. The Journal provides the latest developments in legislative, regulatory and judicial decisions affecting gaming at both the state and federal level in the U.S. and in more than 75 countries.

  • Indian Gaming Magazine

    Indian Gaming Magazine was launched in 1990 by Steve Burke (now President of ArrowPoint Media) and his father, Duane Burke of PGR Institute, Inc. Steve and Duane believed a monthly magazine with relevant gaming information was needed for the newly emerging Indian gaming marketplace.

  • Interactive Gaming News

    Industry job openings, news headlines and industry associations.


Posted at 03:23 am by Gaming Law
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(8) MARKETING LAW

Marketing Law relates to the statutes, case law, and rules and regulations pertaining to the prevention of consumer harm resulting from deceptive marketing practices related to the sale of goods and services. These laws tend to be particularly strict with regard to food products, drugs, medical devices, and financial matters.

Marketing and advertising are essentially the ways one gets information about a product or service to the general public and is the key to success for many businesses. But, every businesses has a legal obligation to ensure that those marketing and advertising materials are truthful and not deceptive or otherwise a violation of the law.

Federal Trade Commission

In the United States, the Federal Trade Commission (FTC) is the federal agency responsible for overseeing and regulating advertisers and promulgates much of the marketing law on the books today. FTC regulations relate to most aspects of marketing, such as how one labels a product, how a business conducts email and telemarketing campaigns, the veracity of health or “green” claims made on products, and how products are marketed to children.

Truth in Advertising

Truth in advertising refers to the body of law governing truthful marketing. These laws concern matters such as:

Product Endorsements – requirements that endorsements be truthful and, in the case of celebrity endorsements, that the celebrity have actually used the product.

Advertising to Children – rules designed to prevent misleading impressionable young people.

“Made in the USA” labels – regulations of how much of a product must be created in the United States in order to bear such a label.

Health Claims – rules regarding the claimed effects for products like weight loss drugs, anti-aging products, supplements, and other products.

Environmental Impact – Rules related to the claims of environmental impact or benefit of a product, such as the content of recycled material for a product to be called recycled.

Telemarketing

Another significant area of marketing law pertains to telemarketing. Much of this industry has been curtailed in recent years by the enactment of the National Do Not Call Registry and other laws. However, telemarketing still remains a means of marketing for some business sectors and these laws regulate how those working in this sector must govern their affairs.

Email SPAM

A more recent area of legal concern in marketing has been the proliferation of junk email, or “SPAM.” These are unsolicited messages, usually designed for advertising purposes, and often related to products or services in which the recipient has little or no interest or which could be considered offensive. These laws are very specific about what an email marketer must and must not do in order to avoid running afoul of FTC regulations.

For more information about Marketing Law, you can review the materials below or contact an attorney. You can find attorneys in your area who can assist you with your legal questions on our Law Firms page.

 

Articles Related to Marketing Law

  • Can Dating Sites Post Fake Profiles to Lure In Members?
    It is the end of a long week, and you find yourself at home wishing you had something to do. But, tired of being a fifth wheel to all of your friends in relationships, you decide it is time to join the millions of other people who are online looking for a date. Unfortunately, some of those millions may not be real people after all. Is it legal for dating sites to use fake content to lure in new members?
  • Truth in Advertising and Marketing and Other FTC Regulations
    When consumers see or hear an advertisement on the Internet, radio, in print, on a billboard, on television, or anywhere else, federal law says that the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
  • When is it False Advertising or Just Puffing?
    We have all seen commercials making claims that our common sense told us simply cannot be true. For example, miracle weight loss supplements or exercise equipment. And yet, somehow these commercials make it to television and are not immediately removed as part of a lawsuit. How is that? What is the difference between false advertising and simply inflating the truth about your product (a practice called “puffing”)?
  • Product Misrepresentation: How California Law Protects Consumers
    A Southern California woman recently made headlines after she personally sued Honda in small claims court when her car failed to live up to promise mileage standards, resulting in financially injurious consequences for her. The woman, Heather Peters, was awarded $9,867 from the small claims court judge and is encouraging others to follow her lead in making claims against Honda. A lawyer examines her case and explains the laws protecting consumers from product misrepresentation.
  • Debt Relief Websites: Are they Honest?
    Debt Relief Websites are they trouble? Make sure you review the terms and conditions of any site before agreeing.
  • Online Data: The New Oil
    The author explains behavior marketing and its possible ramifications on people.
  • Internet Marketing Law - FTC and Advertising Rules
    Marketing and Advertising on the Internet is subject to the same laws as any other medium. Sometimes people do not follow those rules, and the FTC or State AG is involved.
  • Announcing Angela Kwan Law Offices New Website
    The Angela Kwan Law Offices is pleased to announce the launch of their new website at http://www.angelakwanlaw.com/.
  • Protecting Your Trademark
    A trademark's viability depends on continued use and vigilance. When it comes to trademarks, the law has a "use it or lose it" philosophy, which makes sense in light of a trademark's role as an identifier of the source of goods and services. If there are no goods and services that are being promoted through use of the trademark, it no longer functions as one. A subsequent user can file to cancel a dormant federally registered mark, or can defend an infringement action based on abandonment.
  • 10 Things Every Internet Marketer Should Know
    The author describes the 10 things you should know to market in Internet.
  • All Communication Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Communication including: advertising, marketing law and media.

Marketing Law - US

  • Country of Origin Labeling

    Country of Origin Labeling is a labeling law that requires retailers, such as full-line grocery stores, supermarkets, and club warehouse stores, notify their customers with information regarding the source of certain foods. Food products, (covered commodities) contained in the law include muscle cut and ground meats: beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; peanuts, pecans, and macadamia nuts; and ginseng.

  • FDA - Federal Food, Drug, and Cosmetic Act

    The Federal Food, Drug, and Cosmetic Act of 1938 was passed after a legally marketed toxic elixir killed 107 people, including many children. The FD&C Act completely overhauled the public health system. Among other provisions, the law authorized the FDA to demand evidence of safety for new drugs, issue standards for food, and conduct factory inspections.

  • Federal Trade Commission Act - Deceptive Marketing

    Section 5 of the FTC Act makes unlawful deceptive acts and practices in or affecting commerce. The Commission's criteria for determining whether an express or implied claim has been made are enunciated in the Commission's Policy Statement on Deception.

  • FTC - CAN-SPAM Act

    Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

  • FTC - Division of Marketing Practices

    The Division of Marketing Practices responds to ever-evolving problems of consumer fraud in the marketplace. The Division enforces the FTC Act and several other federal consumer protection laws by filing FTC actions in federal district court for immediate and permanent orders to stop scams; prevent fraudsters from perpetrating scams in the future, freeze their assets; and get compensation for scam victims.

Organizations Related to Marketing Law

  • American Marketing Association (AMA)

    The American Marketing Association (AMA) is the professional association for individuals and organizations who are leading the practice, teaching, and development of marketing worldwide. Our principal roles are: The AMA serves as a conduit to foster knowledge sharing. Providing resources, education, career and professional development opportunities. Promoting/ supporting marketing practice and thought leadership.

  • Direct Marketing Association

    The Direct Marketing Association (DMA) is the leading global trade association of businesses and nonprofit organizations using and supporting multichannel direct marketing tools and techniques. DMA advocates industry standards for responsible marketing – both online and offline, promotes relevance as the key to reaching consumers with desirable offers, and provides cutting-edge research, education, and networking opportunities to improve results throughout the end-to-end direct marketing process.

  • Legal Marketing Association

    The Legal Marketing Association is a not-for-profit organization dedicated to serving the needs and maintaining the professional standards of the men and women involved in marketing within the legal profession.

  • Promotion Marketing Association, Inc (PMA)

    Established in 1911, the Promotion Marketing Association, Inc (PMA) is the premier not-for- profit organization and resource for research, education and collaboration for marketing professionals. Representing the over $1 trillion integrated marketing industry, the organization is comprised of Fortune 500 companies, top marketing agencies, law firms, retailers, service providers and academia, representing thousands of brands worldwide.

Publications Related to Marketing Law

  • ABA - Law Firm Associate's Guide to Personal Marketing and Selling Skills

    This is the first volume in ABA's new groundbreaking Law Firm Associates Development Series, created to teach important skills that associates and other lawyers need to succeed at their firms, but that they may have not learned in law school. This volume focuses on personal marketing and sales skills. It covers creating a personal marketing plan, finding people within your target market, preparing for client meetings, "asking" for business, realizing marketing opportunities, keeping your clients, staying in touch with your network inside and outside the firm, and more.

  • Technology and Marketing Law Blog

    Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law School, General Counsel of Epinions.com, and an Internet transactional attorney at Cooley Godward LLP.


Posted at 03:24 am by Gaming Law
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(9) NON-PROFIT ORGANIZATION

Non-profit Organization is used as a broad-based term that encompasses all organizations that are known variously as charities, nonprofits, non-governmental organizations (NGOs), private voluntary organizations (PVOs), civil society organizations (CSOs), etc. Not for Profit Organizations are regulated by local, state and federal laws. The purpose of a non-profit corporation or association is to conduct business for the benefit of the general public without shareholders and without a profit motive. Nonprofit corporations are created according to state law. Like for-profit corporations, nonprofit corporations must file a statement of corporate purpose with the Secretary of State and pay a fee, create articles of incorporation, hold regular meetings, and satisfy other obligations to achieve and sustain corporate status.

Nonprofit corporations are different than profit-focused corporations in several ways. The most simple difference is that nonprofit corporations cannot operate for profit. Meaning, they cannot allocate corporate income to shareholders. The funds acquired by nonprofit corporations must stay within the corporate accounts to pay for reasonable salaries, expenses, and the activities of the corporation. If the income of a corporation inures to the personal benefit of any individual, the corporation is said to be profit driven. Salaries are not considered personal benefits because they are essential for the operation of the corporation. An unwarranted salary, however, may cause a corporation to lose its nonprofit status.

Nonprofit corporations are exempt from income taxes if they conduct business solely for the benefit of the general public. State laws on corporations vary from state to state, but generally states give tax breaks and exemptions to nonprofit corporations that are structured and operated exclusively for either a religious, charitable, scientific, public safety, literary, or educational purpose. Nonprofit organizations may charge money for their services, and donations to tax-exempt nonprofit organizations are tax deductible. The Internal Revenue Service must approve the tax-exempt status of all nonprofit organizations except churches.

An immense number of organizations qualify for nonprofit status under the various definitions. Nonprofit organizations include churches, soup kitchens, charities, political associations, business leagues, fraternities, sororities, sports leagues, Colleges and Universities, hospitals, museums, television stations, symphonies, and public interest law firms.

For information about Nonprofit organizations, please visit the resources found below on this page. Additionally, for legal assistance related to nonprofit organizations, check our Law Firms page for a list of attorneys in your area.

 

Charitable Organizations Law - US

  • Audits of States, Local Governments, and Non-Profit Organizations

    This Circular is issued pursuant to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.

  • Charitable Organizations Law - Definition

    A charitable organization is a type of non-profit organization (NPO). The term is relatively general and can technically refer to a public charity (also called "charitable foundation," "public foundation" or simply "foundation") or a private foundation. It differs from other types of NPOs in that its focus is centered around goals of a general philanthropic nature (e.g. charitable, educational, religious, or other activities serving the public interest or common good).

  • FTC - Avoiding Charity Fraud

    A flyer in the mail, a phone call, a personalized email — everyone receives requests for donations in one form or another. Many legitimate charities use telemarketing, direct mail, email and online ads to ask for contributions. Unfortunately, scam artists also use these techniques to pocket your money. If someone asks for a donation, take your time and familiarize yourself with the charity.

  • IRS - Tax Information for Charities and Other Non-Profits

    If you are interested in starting a nonprofit or have general questions on nonprofit law you have come to the right place! The questions that follow will help you determine if an organization is eligible to apply for recognition of exemption from federal income taxation under section 501(a) of the Internal Revenue Code and, if so, how to proceed.

  • National Association of State Charity Officials (NASCO)

    The National Association of State Charity Officials (NASCO) is an association of state offices charged with oversight of charitable organizations and charitable solicitation in the United States. The requirements and procedures for forming charitable organizations differ from state to state, as do the registration and filing requirements for organizations that conduct charitable activities or solicit charitable contributions.

  • Non-profit Organizations - Overview

    A non-profit organization is a group organized for purposes other than generating profit and in which no part of the organization's income is distributed to its members, directors, or officers. Non-profit corporations are often termed "non-stock corporations." They can take the form of a corporation, an individual enterprise (for example, individual charitable contributions), unincorporated association, partnership, foundation (distinguished by its endowment by a founder, it takes the form of a trusteeship), or condominium (joint ownership of common areas by owners of adjacent individual units incorporated under state condominium acts).

  • Understanding Fundraising Law

    Given the increased scrutiny now being directed at nonprofit fundraising campaigns, strict compliance with all applicable federal, state and local laws is more important than ever to prevent even the most well-intentioned effort from turning into a public relations nightmare. Abiding by the law in the fundraising arena is no simple task. Books have been written on the topic. A brief overview of the complicated legal dimensions of fundraising practices, however, provides a framework for preparing a fundraising endeavor and for determining specific questions that should be directed to legal counsel.

  • Unified Registration Statement

    The Unified Registration Statement (URS) represents an effort to consolidate the information and data requirements of all states that require registration of nonprofit organizations performing charitable solicitations within their jurisdictions. The effort is organized by the National Association of State Charities Officials and the National Association of Attorneys General, and is one part of the Standardized Reporting Project, whose aim is to standardize, simplify, and economize compliance under the states' solicitation laws.

  • United States Government Grants

    Grants.gov was established as a governmental resource named the E-Grants Initiative, part of the President's 2002 Fiscal Year Management Agenda to improve government services to the public. The concept has its origins in the Federal Financial Assistance Management Improvement Act of 1999, also known as Public Law 106-107. Public Law 106-107 has since sunset and is now known as the Grants Policy Committee (GPC).

  • US Government for Nonprofits

    Official information and services from the U.S. government on nonprofit organizations.

United States Charitable Organizations Law by State

Charitable Organizations Law - Europe

  • European Center for Not for Profit Law (ECNL)

    The vision of the ECNL encompasses pluralistic democracies in the region in which the legal environment enables people and their organizations to shape their society through voluntary action. ECNL promotes the strengthening of a supportive legal environment for civil society in Europe,with a focus on Central and Eastern Europe, by developing expertise and building capacity in legal issues affecting not-for-profit organizations and public participation.

  • European Volunteer Centre (CEV)

    The European Volunteer Centre (Centre européen du volontariat, CEV) is a European network of currently 74 mainly national and regional volunteer centres and volunteer development agencies across Europe, that together work to support and promote voluntary activity. CEV channels the collective priorities and concerns of its member organisations to the institutions of the European Union. It also acts as a central forum for the exchange of policy, practice and information on volunteering. The member organisations of CEV represent thousands of volunteer organisations, associations and other voluntary and community groups at local, regional, national and in some cases international level.

  • United Kingdom Charity Commission

    The Charity Commission is the independent regulator for charitable activity * ensuring legal compliance * enhancing accountability * encouraging effectiveness and impact * promoting the public interest in charity to promote the public's trust and confidence.

Charitable Organizations Law - International

  • Canada Charity Central

    Charity Central is a project of the Legal Resource Centre of Alberta, designed to help Canada's Registered Charities understand their responsibilities under the Income Tax Act.

  • International Center for Not-for-Profit Law (ICNL)

    ICNL strives to create a world where civil society can freely develop in all its forms and participate in public decisions. In pursuit of that goal, ICNL's programs and research focus on promoting an enabling legal environment for civil society and public participation worldwide. ICNL helps establish the legal framework for a strong and effective global civil society through: * technical assistance to over 100 countries; * the expertise of our multinational in-house staff and global network of legal specialists; and * our partnerships with civil society representatives, government officials, scholars, and business leaders.

  • United Nations Office for the Coordination of Humanitarian Affairs

    OCHA's mission is to mobilise and coordinate effective and principled humanitarian action in partnership with national and international actors in order to: • alleviate human suffering in disasters and emergencies • advocate for the rights of people in need • promote preparedness and prevention • facilitate sustainable solutions.

Organizations Related to Charitable Organizations Law

  • Grant Writing Tools for Non-profit Organizations

    Non-profit guides are free Web-based grant-writing tools for non-profit organizations, charitable, educational, public organizations, and other community-minded groups.

  • National Council of Nonprofits

    The National Council of Nonprofits is the network of state and regional nonprofit associations serving more than 20,000 member organizations. By linking local nonprofit organizations across the nation through state associations, the National Council helps small and midsize nonprofits manage and lead more effectively, collaborate and exchange solutions, engage in critical policy issues affecting the sector, and achieve greater impact in their communities.

  • Nonprofit Law

    If you are interested in starting a nonprofit or have general questions on nonprofit law you have come to the right place! The questions that follow will help you determine if an organization is eligible to apply for recognition of exemption from federal income taxation under section 501(a) of the Internal Revenue Code and, if so, how to proceed.

Publications Related to Charitable Organizations Law

  • International Journal of Not-for-Profit Law (IJNL)

    The International Journal of Not-for-Profit Law (IJNL) is ICNL's quarterly journal of analysis on global civil society. IJNL addresses legal topics as well as social, cultural, political and economic issues affecting the legal environment. Our readers include attorneys, government officials, grantmakers, scholars, and activists.

  • The Non Profit Times Magazine

    The NonProfit Times, published 24 times a year, is the leading business publication for nonprofit management. It is read by over 85,000 full time nonprofit management executives around the country. The magazine addresses various management functions of the nonprofit organization, from fund raising to technology, from legal to human resource issues, from direct marketing to the latest news and more. Each issue is packed with hard hitting and useful business information on managing their organizations more effectively.

Articles Related to Charitable Organizations Law

  • Fair Use in Trademarks
    Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.
  • Super PACs vs Other Types of Non-Profits
    Super PACs are starting up everywhere, but many of them would have been better off as a 501(c)(4). Do you know the difference? Do you know the burdensome federal reporting requirements for Super PACs? This article will give you some insight into the best way to structure the formation of your non-profit organization, given your objectives.
  • Legal Liability in the Humanitarian Sector
    This paper provides a brief introduction to the legal issues regarding possible legal claims against international organizations for death or injury to their overseas staff. Despite the complexity of the underlying law due to the large number of possible legal claims, defenses and jurisdictions, there are several basic steps that NGOs can take to better protect themselves.
  • Legally Operating a Medical Marijuana Business in California
    Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some general information on this unique area of business law and summarizes some of the major differences and similarities between these organizations and those in other industries.
  • Non-Profit Organization Types and Common Issues
    The author has seen a lot of the pitfalls in operating nonprofits and developed some ways to ensure things run smoothly. Following is a quick reference for non-profits.
  • Government Program Aims to Reduce Hospital Re-admissions from Problems Such as Pressure Ulcers
    A new government program unveiled on Wednesday, April 27, will aim to reduce hospital readmissions by 20 percent, according to NorthJersey website. The initiative, an extension of the Patient Protection and Affordable Care Act passed March 23, will allot more than $1 billion to help fund “demonstration projects” over the next three years.
  • Pressure Sores are Needlessly Killing Nursing Home and Hospital Patients
    Pressure sores (also referred to as bed sores, pressure ulcers, or decubitus ulcers) are an all too common and painful problem for nursing home residents. Most pressure sores are preventable and are caused by faulty care where the nursing home or hospital does provide adequate care to prevent and treat bed sores.
  • Gifts to Charity: Helping Good Causes and Good for Business
    So you wrapped up your annual income tax filing responsibilities. Do you just want to put away the tax matters until next year?
  • Charity and Non-Profit Organization Law in California - How to Hold A Charitable Raffle or Poker Tournament in Orange County
    There is a growing trend by California Charities and Non-Profit Organizations to hold raffles for dream homes worth millions of dollars and poker tournaments to increase donations in these tough economic times. However, there are a considerable number of rules which must be followed by such charity organizations and violation of those rules can lead to a charity being referred to county prosecutors as this Orange County Charity attorney explains.
  • All Nonprofit Organizations Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Nonprofit Organizations.


Posted at 03:26 am by Gaming Law
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