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.
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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.
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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.
Supporting Your New Managing Partner
This article focuses on the requirements that need to be met when a law firm is transitioning to a new managing partner.
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Issues Regarding the 2010 Patient Protection Act
If not politically, at least analytically, given local governments' experience with insurance reform and the financial assumptions used in the Patient Protection and Affordable Care Act, the PPACA should be considered DOA!
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
