Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Develoments of Note
NCCUSL Abandons Support for UCITA
Citing a lack of acceptance and widespread political opposition, the National Conference of Commissioners on Uniform State Laws (NCCUSL) on July 31 pulled its support for the Uniform Computer Information Transactions Act (UCITA). Virginia and Maryland adopted the uniform software licensing law in 2000, but NCCUSL couldn't get any other states over the last several years to adopt UCITA. In fact, several states recently enacted anti-UCITA “bomb shelter” legislation that prevents vendors from applying Virginia's or Maryland's UCITA laws. Although NCCUSL discharged its UCITA standby committee and decided to expend no more resources on UCITA, the law remains in effect in Virginia and Maryland, and is a reference point for courts addressing software-transaction disputes.
WTO to Hear Complaint on U.S. Online Gambling Ban
On July 21, the World Trade Organization (WTO) granted a request from Antigua & Barbuda for an arbitration panel to hear its dispute with the United States. The Caribbean island nation expressed concerns that U.S. legislation to ban credit card payments to online gaming establishments was severely damaging the country's revenues and investment prospects. The gist of Antigua & Barbuda's complaint is that while U.S. laws often permit U.S.-based operators to offer gambling and betting services in the United States, foreign operators can't supply gambling and betting services from outside the United States, in violation of international trade accords. Many gambling operations have closed shop in Antigua & Barbuda, following decisions of U.S.-based credit card companies to cease processing online gambling transactions.
ISPs Question RIAA's Subpoenas Aimed at File-Swappers
NetCoalition, a trade association representing U.S. Internet service providers (ISPs), sent a letter to the Recording Industry Association of America (RIAA) on Aug. 11 questioning some of RIAA's recent tactics to combat unapproved file-swapping. In particular, RIAA sent subpoenas to ISPs seeking identities of subscribers they suspect are copyright infringers. Among other things, NetCoalition's letter expresses concerns about costs of complying with the subpoenas and about getting caught in the middle of the recording industry's enforcement efforts. The letter seeks more information from RIAA on the subpoena strategy.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.