CAN-SPAM Pre-empts California Spam Law
A Los Angeles judge, ruling on a case of first impression, recently found that the federal CAN-SPAM Act pre-empts a California law designed to curb false and misleading commercial e-mails.
A Touch of Gray
No one enjoys clearing rights. Checking that you may use content (whether on your Web site, in a publication, or for a performance) and won't be sued over it takes time and effort. And, for e-commerce counsel clients, that means more money.
Getting Stimulus Funds for Electronic Medical Record Systems
Technology has afforded increased productivity and improved accuracy in the medical industry. The single greatest inhibitor to taking advantage of technology in health care, however, is the requirement for an initial investment and, in the medical-records technology area, this investment can be significant.
Features
Virgin Advantage from a New, Near-Shore Corporate Frontier
With bona fides now suitably established, is it possible to actively leverage the USVI's fiber and bandwidth assets to deliver greater competitive and stakeholder advantage to the enterprise? Yes it is; an economic development program chartered in law by the USVI government, sanctioned under U.S. Treasury regulations and managed by the University of the Virgin Islands Research and Technology Park ("RTPark"), may be of particular interest to e-commerce and other knowledge-based businesses.
Upcoming Event
Entertainment Law in Review, July 30, Washington, DC.
Bit Parts
Band Names/Federal Trademark Dilution Act<br>Digital Royalties Suit/Motion to Dismiss Denied<br>Personal Manager/No Personal Jurisdiction<br>Public Performance Right/Vicarious Liability
Lawyers Evolve with Industry Changes in Video Games
As the video game industry gathered recently in Los Angeles for the Electronic Entertainment Expo (E3), there was a great deal for those in the business to be optimistic about. Last year, video game software unit sales increased 15% in the United States, according to market research companies. And one report released in May 2009 revealed that nearly two out of every three Americans played a video game of some kind within the past six months, compared to only about half of U.S. consumers who went to a movie over the same period. All this activity hasn't been lost on the lawyers whose practices are focused on the video game industry
Features
Cameo Clips
Copyright Preemption/Accounting Claims<br>Right of Publicity/Copyright Preemption<br>Right of Publicity/News Exception<br>Trademark Disputes/Infringement Defenses
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MOST POPULAR STORIES
- 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 ›
- 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 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 ›
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
