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CAN-SPAM Preempts California Spam Law
Internet Law & Strategy
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.

Getting Smart About Managing Smartphones
LJN's Legal Tech Newsletter
In a recent study, management-consulting firm Altman Weil cited lack of responsiveness as the number one reason clients terminate the services of a law firm. Lawyers need to have reliable, continuous access to clients. Having access to the firm’s experienced professionals and extensive supportive resources without service errors, delays or interruptions is critical when a case is on the line.

e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
e-Commerce Law & Strategy
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau’s preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation’s economy may be starting the long recovery economists said would come.

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Technology in Review for a Luddite Lawyer
Every day, someone is predicting a sea change in the way we conduct discovery. However, due to the dogged nature of many litigators, the old "belt and suspenders" style of discovery persists. Many attorneys adhere to the philosophy of reviewing each and every document in the order that they find them. I am not here to predict the downfall of those who are sticking to that philosophy; in fact, I am quite sure that the old methods of approaching discovery will last eternally. However, there may be a better way.

‘Hold the Arbitration Clause, Hold the Attorney Fees!’
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don’t get to negotiate each clause, generally, are consumers and small-business customers — and e-commerce buyers.

How Blogging Affects Legal Proceedings
Technology has entered the jury box. While the press has long reported on pending trials, bloggers — or so-called "citizen journalists," some sitting in juries — have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.

The Unseemly Web of Keyword Advertising
Despite the surface simplicity of keyword advertising disputes the Web and the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit’s decision in Rescuecom Corp. v. Google, Inc., straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.

Technology in Marketing: Where to Invest Your Marketing Technology Dollars
Law firms have realized that using technology — particularly the Internet — is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm’s resources to get the most bang for the buck?