Features
Enforcing and Attacking e-Commerce Patents
The validity of business method patents may be the lifeblood of an e-commerce enterprise. After all, nearly every successful Web site or Web-based service has at its core some intellectual property. Here we consider the enactment of the new local patent rules for the District of New Jersey, which became effective Jan. 1 and how they reflect on New Jersey as a suitable venue for patent suits.
Features
FTC Signals Tougher Standard For Online Tracking Disclosures
On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.
The Cult of Personality
Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.
Are Web Applications a Security Concern?
Over the Fourth of July holiday weekend, a wave of cyber-assaults, or "denial of service" attacks, believed to have originated in North Korea, targeted a number of U.S. and South Korean government agencies and commercial Web sites, causing some to suffer temporary outages. While there were no reported leaks of classified information or serious damage to networks, the organized assault underscored the conclusions of a recent White House cybersecurity review; namely, that the country's digital infrastructure and domestic networks are not secure.
Features
Look, But Don't Log In
Unlike an employer's internal e-mail system, which is generally understood to be under the ownership and control of the employer, personal Web-based accounts accessed at work raise new and unsettled questions about an employee's expectations of privacy.
Changes Coming for Personal Data Gathered Online
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass legislation that mandates the use of encryption. Michigan is considering similar legislation. This is an area to watch as other states could consider such legislation.
<i>Tiffany v. eBay</i> Appeal Grabs Second Circuit Spotlight
It isn't often that nearly every seat is full in the Second U.S. Circuit Court of Appeals' ample countroom. That it was on the morning of July 16 during oral arguments in the <i>Tiffany v. eBay</i> appeal indicates just how high the stakes are in this trademark infringement case ' not just for the parties directly involved, but for anyone with a vested interest on either side of the key issues being litigated.
Features
'The Way I Connected'
Officially launched on March 31, 2009, Martindale-Hubbell Connected a new global online community designed specifically for legal professionals. The network is quickly expanding as lawyers realize the advantages to connecting, networking, and collaborating with trusted and authenticated colleagues. The following article reflects two different lawyers, with equally different needs, who have benefited from utilizing Martindale-Hubbell Connected.
CRM Solution Creates Business Development Opportunity
Porter & Hedges embarked on a plan to improve its business development infrastructure. By shoring up technology, marketing and customer relationship management ("CRM") foundations, the firm would be more competitive in business development and competitive intelligence.
Style or Substance? Why Not Both? The Averatec All-in-One
When considering a new computer for the office, function usually wins over style. After all, the computer is something you use every day regardless of what it looks like. But if function was the only thing that mattered, we'd all be driving Yugos.
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
- 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 ›
