Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case
Now that the long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit, the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.
Features
e-Commerce Bounces Back Strongly in Third Quarter
Are Americans taking to heart the talk of politicians and some private-sector observers that the long-punishing economic and financial crisis that has put businesses into scrapbooks and people on the street is on the wane? The Census Bureau said recently that preliminary estimated U.S. retail e-commerce sales shot up 4% from the second quarter, tallying $41.5 billion.
Supremes' 'No' on Tiffany Review Keeps Status Quo
The upshot of the Second Circuit holding ' and the Supreme Court's denial to hear the appeal ' is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales, unless and until a specific instance of fraud was brought to its attention.
Features
Cyber Monday Explodes
Little was virtual beyond a typical conversational reference to this holiday season's once-again record-setting Cyber Monday and other online-holiday shopping excursions. The retail-industry dubbed day for online shopping and incentives for consumers to cybershop hit the jackpot with an echoing boom Nov. 29, racking up the biggest day of online shopping in history and breaking the billion-dollar mark
Computer and Funds Transfer Fraud Endorsements Issues in Data Breach Claims
If your e-commerce company were to suffer a data breach, do you know that there is insurance coverage for related costs under some commercial crime-insurance policies? It is so. An Ohio federal court has held that a computer and funds transfer fraud endorsement in an AIG commercial-crime policy provides coverage for a data breach.
'Pre-Nupitis' ' Diagnosis and Treatment
Pre-nupitis" is a "disease" that afflicts the so-called less-monied spouse (the LMS) who, in upwards of 95% of the cases, is the bride-to-be.
New Challenges to DOMA
Two recently filed suits, one in Connecticut and one in New York, claim that the United States, by relying on the Defense of Marriage Act to deny the validity of same-sex marriages violated the constitutional rights of the plaintiff gay and lesbian married couples.
Matrimonial Fee Dispute Arbitration
Fee dispute arbitration, which is usually a condition precedent to suit, is an oft-underused vehicle to help secure payment of fees in a less formal environment where the client may see that resolution is the best option.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy 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?Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance CoverageLiability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy). What happens, however, when the policyholder denies that any injury or wrongdoing took place? Does that mean that insurance is not applicable?Read More ›