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New GTLDs Law Strategy for Business

In the very near future, ICANN's plans will come to fruition, as a number of the applications have passed through the ICANN internal review process and should be online in the next month or two. ICANN is anxious to get the first uncontested international TLDs online to show that they are making progress and the program is working, and that it is a critical part of the ICANN multi-stakeholder model. Read More...

Identifying Unnamed Online Speakers

The “Dendrite test,” has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to Dendrite, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since Dendrite, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in Warren Hospital v. John Does (1-10) has limited the application of Dendrite. Read More...

Should Lying About Your Age Online Be a Federal Crime?

The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime. Read More...

The Perks of Using Avvo Ignite

Keeping up with calls, e-mails, and other inquiries can be a difficult proposition in any business. Those in the legal industry know this challenge perhaps more than most. Bob Bennett & Associates is a Houston law firm that deals primarily with professional ethics and licensing issues. We provide free consultation to people who are experiencing trouble with a licensing agency, and keeping up with the volume of calls that are received per day can be… Read More...

The RAND Modified Hypothetical Negotiation

On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in Microsoft Corp. v. Motorola, Inc., et al. Read More...

Taming the Beast

Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Read More...

Language-Based Knowledge Extraction Can Reform Document Review

An emerging market trend — language-based knowledge extraction — holds the promise of greater strategic insight, improved efficiencies and cost-saving advantages during document review. Knowledge extraction achieves the objective of identifying relevant documents and understanding what those documents actually say at the beginning of the review process as opposed to the end. Read More...

The Federalization of Bitcoins

On March 18, the Financial Crimes Enforcement Network of the Treasury Department (FinCEN) issued guidance on the application of its regulations: “Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies.” Much of its attention is focused on the bitcoin, a virtual currency introduced in 2009, although this currency is not mentioned by name. Read More...

The Reality of Virtual ADR

While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another. Read More...

Using IP to Prevent Negative UGC Comments

Smart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message. In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet. Read More...

Insurance Coverage for Cyber Attacks

Last month, Part One of this article addressed the role of traditional insurance in covering cyber risks. This second installment first continues the discussion of traditional insurance coverages and then addresses specialty "cyber" policies. Read More...

Financing the Cloud

One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models. Read More...

e-Discovery 3.0: Preparing for a New Era of Forensic Collections

When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender’s device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company’s forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd. Read More...

Online Retailers Lose Challenge to New York’s Internet Tax

In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York’s “Internet tax,” which requires collection of a sales tax on online purchases made by New York residents. Read More...

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INSURANCE COVERAGE LAW BULLETIN

Unfavorable Forum Selection Clauses

More and more frequently, insurers are including “choice of forum” provisions in their policies in which these insurers identify a particular state or country where coverage litigation “must” be pursued. While in the past few decades a body of law has developed in federal courts that provides some support for this approach, the standard is not nearly as rigid as insurers would have their insureds and courts overseeing coverage litigation believe.

MARKETING the LAW FIRM

Leadership in the Law: The Fallacy of Merger Math

If we were to analyze law firm mergers by plotting client satisfaction on one axis and partner satisfaction on the other, the resulting scatter diagram would reflect a surprising few combinations that were deemed satisfactory to all parties.

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