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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
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.