Archive for November 3rd, 2009

November 3, 2009

Letter to Boozman: In Defense of E-mail Privacy


e-mailSent November 3rd, 2009.

Judge Michael Mosman wrote in a decision for the United States District Court (District of Oregon) that e-mails do not deserve 4th Amendments protections.

http://volokh.com/wp/wp-content/uploads/2009/10/Mosman.pdf

I don’t like this. My e-mails are in my mind just like letters in the mail or private conversations on the phone. Can’t we have legislation to overrule this ridiculous court decision?
Do you feel that the fourth amendment doesn’t apply in these cases? Does my privacy and the privacy of millions of Americans stop once we type on a keyboard but not on paper?

James Alan Pilant, J.D.

November 3, 2009

Best Quote of the Day (as far as I’m concerned)


comedyMarty Feldman said: “The pen is mightier than the sword, and considerably easier to write with.”

I love it!

jp

November 3, 2009

eBanks Seek to Derail Bills to Curb Overdraft Fees


ideal businessmanThis article is good reading. The banks are working to stop the reform of this notorious practice. I commented on the article:

There is little doubt that Ms. Feddis and most other banking officials went to the best business schools and all of them had Business Ethics as a required course. What effect did it have when they can set a money trap like this? There is no doubt that banks deserve a fee for an overdraft but this is not a fee, it is a harvest of money from the unwary. When did ethics become optional? And more importantly, how can anyone say this is a legitimate means of business profit with a straight face. jp

This is the article’s address, below.

http://industry.bnet.com/financial-services/10004616/banks-seek-to-derail-bills-to-curb-overdraft-fees/#comments

I received a comment from the author of the article. This is it:

Alain Sherter

11/03/09 |

RE: Banks Seek to Derail Bills to Curb Overdraft Fees

Southwerk–I’ve posed that very question to lots of
people who know more about the banking industry
than I’ll ever know. The answer about precisely
when ethics flew out the window may differ, but
one thing is consistent–it wasn’t always thus.

But somewhere along the line (the ’70s, by my
rough estimation) banks started to change. Certain
ideas started to sprout that changed the business.
The prime directive became profit, not prudence.
And enormous forces were brought to bear on bank
executives to pursue profit no matter the cost–to
consumers, communities and even the banks
themselves.

To be clear, this isn’t to denigrate the profit motive.
It’s only to recognize that certain core values and
ideals shape how businesses operate. And when
those change, mountains move.

If there’s a silver lining, it’s the fact that things were
different once. That suggests the financial industry
can change once more.

Tags: ,
November 3, 2009

Can Corporate Mistakes Kill You?


ABC is covering the story of Fairbanks Farms meat recall. It appears two people may have died from eating meat contaminated with e-coli. Whether or not there was misconduct and none has been claimed at that time, this is a clear example of company whose products could kill or injure thousands of people.

Another important lesson here (particularly for my Business Law students) is that one company can produce products under many labels. Fairbanks sold it meat products under the following labels:

B.J.’s Wholesale Club/Burris, Trader Joe’s, ACME, Shaw’s Supermarkets Inc., Price Chopper, Giant Food Stores and Ford Brothers.

E-coli contamination chiefly kills the elderly and the very young. Its symptoms mimic the flu. It is very likely that many more Americans have been killed by e-coli than official numbers indicate.

http://abcnews.go.com/GMA/OnCall/beef-recall-ecoli-contamination-fear-prompts-ground-beef/story?id=8970713

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