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.
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.
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.
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
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.
Recent rulings of importance.
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.
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.
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.
