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  • 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.

    April 30, 2009Alison Arden Besunder and Loni J. Sherwin
  • 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.

    April 30, 2009John Beardwood
  • 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.

    April 30, 2009Risa Schwartz
  • 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.

    April 30, 2009Kandace Donovan
  • 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?

    April 30, 2009Erik Post and Jim Vint
  • Entertainment Law in Review: 2008-2009. New York State Bar Association

    April 30, 2009ALM Staff | Law Journal Newsletters |
  • Some federal judges are opening the door to the press reporting directly from their courtrooms in the interest of bringing more transparency to the judicial process.

    April 30, 2009Lynne Marek
  • Internet communication necessitates sharing content and data with third parties. The voluntary transfer of such content and related data to third-party Internet communication facilitators reduces or eliminates First, Third, Fourth, Fifth and Fourteenth Amendment rights of Internet users. The technology and protocols used to enable Internet communication, as interpreted by existing privacy statutes and case law, further compromises Internet users' privacy and publicity rights. Both legal notices and technological techniques may be used to ameliorate this outcome.

    April 30, 2009Jonathan Bick
  • A recent decision of the U.S. Court of Appeals for the Second Circuit, Rescuecom Corp. v. Google Inc., has clarified precedent that had been assumed to foreclose Lanham Act challenges to the surreptitious use of trademarks to compete in cyberspace. In the wake of Rescuecom, that interpretation has been rejected, and advertisers have a potent weapon to protect their trademarks against unfair competition on the Web.

    April 30, 2009Norman C. Simon