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e-Commerce Docket Sheet
No CAN-SPAM Claims When ISP
Cannot Show Real Adverse Effects
A private plaintiff that brings claims under the CAN-SPAM Act must show that it is an Internet-access service that has experienced an 'adverse effect' and must make a showing of significant adverse harm to establish standing. Brosnan v. Alki Mortgage, LLC, No. 07-4339 (N.D. Cal. Feb. 13, 2008). The court dismissed the plaintiff's complaint sua sponte for lack of standing, with leave to amend and re-file, commenting that a CAN-SPAM plaintiff cannot 'merely pray for monetary damages to be established at some later point.' The court ruled that these adverse effects must rise to a significant level of harm unique to an Internet-access service beyond 'the inconvenience of having to deal with an inbox full of spam,' including losses related to bandwidth, hardware, Internet connectivity, network integrity and overhead costs.
Court Says Departing Worker's
Computer Access No CFAA Breach
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.
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.
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?