Features
Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules
For lawyers struggling to cut costs and boost efficiency, Internet-based data storage and client service has been a popular alternative. But those who have their heads in the clouds when it comes to client confidentiality concerns may get a wake-up call by the American Bar Association.
Features
Software Developer's Suit Against ConnectU May Go Forward
A Massachusetts state court judge has ruled that a Boston software developer's case against defunct social media site ConnectU Inc. and its founders and key shareholders, including the Winklevoss twins, can move forward. Also, the Winklevosses' have taken their bid to undo their Facebook settlement to the Supreme Court.
Case Briefs
Highlights of the latest insurance cases from around the country.
Prosecuting Internet Bad Acts Using Nuisance Law
Myriad Internet-related violations of both criminal and civil statutes are not prosecuted because their novelty requires excessive effort by the moving party. When cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful. Rather than pursuing traditional criminal or civil actions that are based on a specific act, the use of nuisance-law injunctions that are based on generally objectionable behavior may be a better alternative.
Features
Taxing Online Sales
Illinois Governor Patrick Quinn signed the "Main Street Fairness Act" into law, making Illinois one of a growing number of states seeking to collect sales tax revenues from a retail market traditionally beyond their reach ' the world of online commerce ' by focusing on the role of local online marketing affiliates.
Features
e-Commerce, Total Spending, Rise Again
Economic data often seems like the weather ' fickle and hard to predict, or rely on. But raw revenue data doesn't lie, and according to U.S. Census Bureau, overall preliminary estimated retail spending and e-commerce sales in the first quarter of this year reached record high.
Content Is More Kingly Than Ever
As many e-commerce entrepreneurs know, video is a public reputation tool whose time has come ' and the time is right now.
Features
Nuisance Law Can Squelch Web Obscenity
Myriad Internet-related violations of criminal and civil statutes are not prosecuted because their novelty requires the moving party to exert excessive effort. The truth is that when cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful. Rather than pursuing traditional criminal or civil action, each of which would be based on a specific act, the use of nuisance-law injunctions may be a better alternative in responding to Internet bad acts, because such injunctions are based on generally objectionable behavior.
Don't Assume Your e-Profits Away
Perhaps we all have heard the warning given by my late high school geometry teacher about what "U and Me" become when we make an (unwarranted) <i>assumption</i>. However aged my former teacher's "assume" joke may have been, I think it is an excellent reminder of why overt and implied assumptions underlying e-commerce must be considered in making business plans.
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MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›