FOCUS:
Applicability of Gramm-Leach-Bliley Act for
Attorneys
On
December 6, the Court of Appeals for the DC Circuit held that the Gramm-Leach-Bliley
Act (GLBA) federal
privacy law aimed at financial institutions does not cover the legal
profession, noting that "the regulation
of the practice of law is traditionally the province of the states." The
case was brought by the New York State Bar Association and the ABA
against the FTC. New York State Bar Association President
A. Vincent Buzard of Rochester (Harris Beach PLLC) said, “We
are gratified by the decision. Our rules of ethics already provide
more protection for our clients than the GLBA would by imposing additional
regulations on attorneys. Requiring lawyers to send notices to clients
outlining their privacy or information policies was unnecessary and
illogical - and burdensome and confusing to clients. The FTC overstepped
its authority in a way that has no rational purpose and the appellate
court was correct in rejecting and overturning this policy.”
Read
the Order
ABA
Prevails in Gramm-Leach-Bliley Appeal
New
York State Bar Association Wins Lawsuit Over FTC Enforcement of Gramm-Leach-Bliley
Privacy Act
In
the Capitol
Committee
meetings of interest for the week of 12/12
12/13
Senate Judiciary
Agenda: HB
5397 Clarify prerequisite for second or subsequent student safety
zone violations; HB
5270 Clarify peace officer exemption from prosecution for intentionally
pointing and discharging a firearm without malice in performing his
or her duties; HB
5043 Prohibit and provide a penalty for damaging, destroying, or
using telephone or computer equipment without authorization; HB
5044 Enact sentencing guidelines for crime of damaging, destroying,
or using telephone or computer equipment without authorization; SB
885 Prohibit and provide penalties for damaging, destroying, or
preventing access to telecommunication device to prevent report of
domestic violence or to summon assistance required as a result of domestic
violence.
Complete
Committee Meeting List
Legislation
Recently Signed into Public Acts
Michigan
Agenda
(Detroit News, 12/11/05)
Legislation
Introduced 12/6–12/8
Of
Interest to the Legal Community
SB
925 Courts; circuit court; sixteenth judicial circuit; allow additional
judgeship. Amends sec. 517 of 1961
PA 236 (MCL 600.517).
Of General Interest
HB
5484 Income tax; income; awards to individuals wrongly imprisoned for
crimes; exclude from income subject to tax. Amends sec. 30 of 1967
PA 281 (MCL 206.30).
TIE BAR WITH: HB 5509'05
HB
5486 Insurance; no-fault; expired, terminated, or canceled automobile
insurance; require notification to secretary of state. Amends sec.
3101a of 1956
PA 218 (MCL 500.3101a).
TIE BAR WITH: HB
5485'05
HB
5490 Criminal
procedure; forfeiture; deposit of forfeiture funds in a local financial
institution; allow and clarify interest earned remains with forfeiture
funds. Amends secs. 4703, 4704, 4705 & 4708 of 1961
PA 236 (MCL 600.4703 et
seq.).
SB
929 Civil rights; sex discrimination; ethnic intimidation; expand
to include intimidation or hate crimes based on sexual orientation
and gender identity or expression. Amends sec. 147b of 1931
PA 328 (MCL 750.147b).
| In
the Hall of Justice
Rule
Amendments
2004-56
- Amendment of Rule 3.925 of the Michigan Court Rules
The December 6, 2005, amendment of MCR 3.925(E)(2)(c) requires
that the records and files of all juvenile offenses be destroyed when the
person becomes 30 years old, except for the register of actions. The rule
previously required that the records and files of certain adjudicated juvenile
offenses be retained permanently.
Issued:
December 6, 2005
Effective: January 1, 2006
Other
Actions
2005-01
- Supreme Court Appointments to the Committee on Model Civil Jury Instructions
Issued:December 6, 2005
At
The Bar
Year-End
ATJ Campaign Gets $50,000 Boost From Anonymous Donor
Nominations
Open for McCree Awards for Journalists
Federal News
State
Leaders See Strengthening Economies and Optimism for Next Year's Budgets
(Detroit News, 12/10/05)
Supreme
Court Weighs Military's Access to Law Schools
(New York Times, 12/7/05)
State News
Michigan
Legal Fight Over Affirmative Action Continues
(Detroit News, 12/10/05)
Agreement
Close on Welfare Reform
(Lansing State Journal, 12/9/05)
'Cool
Cities' Event Looks to Culture to Boost Economies
(Lansing State Journal, 12/8/05)
State
Ranks 3rd in Hate Crimes
(Lansing State Journal, 12/7/05)
Man
Says Drug Treatment Program Violated his Freedom of Religion
(Lansing State Journal, 12/7/05)
Senate
OKs Banning of Torture in Michigan
(Lansing State Journal, 12/7/05)
Senate
Approves Tax Breaks for Delphi, Visteon
(Lansing State Journal, 12/7/05)
Federal
Budget Cuts May Hurt State's Child Support Services
(Lansing State Journal, 12/6/05)
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