Features
New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks
Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.
Knock, Knock: Surprise, Opportunity's Here
Opportunity knocks when you least expect it ' but will it knock when the economy is in freefall and the legal profession is seeing some of its worst layoffs ever? Whether you're an e-commerce attorney, or engage in general practice, the economy can visit your firm ' whether a large partnership or a one-person shop ' and deal a blow. The answer: maybe, if you network!
Features
Boom, Boom, Boom
While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.
Who Should Monitor Online Counterfeiters?
Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of "policing" online counterfeit activity. Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. This article summarizes some of the arguments.
e-Commerce and Canada
With a recession taking a chunk from some e-retailers' sales, U.S. entrepreneurs are looking to expand their e-sales base north of the border, onto Canadian consumers' computer screens. But reaching that wider shopper base can present problems, particularly when a Web retailer attempts cross-border transactions into Canada. Many retailers may be surprised to learn that a number of legal differences exist that can present thorny issues to even the smallest boutique U.S.-based Web site selling to customers who make their purchases online in Canada.
Features
Sonnenschein Improves Financial Analysis and Decision-Making
Having outgrown the labor-intensive ways of creating budgets and monitoring the firm's performance, we decided in early 2008 to update the financial planning and analysis processes with new technology solutions.
Features
Cisco Legal Increases Efficiency
An ongoing challenge of Cisco Legal's priority to deliver value efficiently to its business customers is the need to facilitate intra- as well as inter-departmental collaboration with outside counsel and business partners and customers.
Features
Data Loss Prevention: A Concept in Motion
The current economic climate, along with portable devices and the mobility of today's workforce, has truly created the perfect storm ' exacerbating DLP issues and expanding the definition of DLP and related needs beyond the piecemeal technology offerings currently available. Preventative steps like ethical walls can easily be applied to stored data ' but data in use is the true risk to address.
e-Discovery of Structured Data
At the outset of an investigation, timelines and custodian-created information assets can all be garnered from extracts of accounting data, e-mails and documents through traditional discovery and disclosure. None of this tells you how, specifically, an event or series of events occurred. Were the alleged claims the result of system control errors, malicious employee action, fraud or simple misrepresentations by management as a means of covering up systemic losses by cooking the books to avoid audit concerns?
Upcoming Event
Entertainment Law in Review: 2008-2009. New York State Bar Association
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