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Strategy Against Scrapers
Today's leading case relating to the Computer Fraud and Abuse Act, 18 U.S.C. '1030 (CFAA) is United States v. Nosal, 676 F.3d 854 (9th Cir. 2012). In the Nosal case, the Ninth Circuit, in an en banc decision, expressed great concern over imposing criminal liability under the CFAA for violations of private computer use policies like website terms of use. The Ninth Circuit notes that if use restrictions are subject to criminal liability under the CFAA violations of those user policies could be transformed into criminal crimes simply because a computer is involved. As such, the Ninth Circuit believes the CFAA should be narrowly interpreted. Using this narrow interpretation regarding access restrictions, a district court in California found a CFAA violation in the Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. Aug. 16, 2013); and Craigslist Inc. v. 3Taps Inc., 2013 WL 1819999 (N.D. Cal. April 30, 2013), cases.
Craigslist Ruling
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?
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.