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e-Commerce Developments of Note
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
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.