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e-Mail Troll Hushed
A federal judge in Beyond Systems, Inc. v. Kraft Foods, Inc., No. 8:08-cv-00409 (Dist. Ct. Maryland) recently ruled that an Internet service provider is barred from pursuing claims for alleged violations of the California and Maryland anti-spam statutes because it existed primarily and substantially to collect e-mails it believed to be spam and sue over it, and because it consented to receive the e-mails over which it sues. This ruling confirms that plaintiffs cannot cause their own injuries to extract millions in statutory damages, and will prevent serial plaintiffs from abusing statutes designed to protect genuine companies and individuals. Simultaneously, it allows legitimate companies to send lawful commercial e-mails without the threat that opportunistic plaintiffs will manufacture claims to game the system.
Standing under CAN-SPAM
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.