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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.