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The authors of anonymous online posts that accused a former congressman of paying $25,000 to the mayor of Mamaroneck, NY, in connection with a home renovation project may soon find themselves the named defendants in a defamation action.
Features
Debates over intellectual property rights often heat up around confrontations between those wanting more protection and those wanting less. But perhaps more attention should be paid to the detailed structure of legal rules governing these assets as they are actually used in real-world transactions.
Features
The recent decision in <i>Tiffany v. eBay</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without even selling a product and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
The Child Online Protection Act ('COPA') suffers from a slew of fatal flaws that render the law unconstitutional under the First Amendment, the Third U.S. Circuit Court of Appeals has ruled. The decision, handed down on July 22, comes after nearly a decade of litigation '' including two trips to the U.S. Supreme Court '' and marks the sixth time that a court has blocked the law from going into effect.
Features
Business is always a battlefield, but few e-commerce proponents have fought campaigns as fierce as those to keep Internet auctioning license-free. So intense have been skirmishes between online sellers and state legislators that only one state has a law specifically requiring online auctioneer licensing.
Features
Virtualization has been getting a significant amount of coverage in the IT press. Open almost any IT trade publication in the last six months and there are numerous articles about virtualization. It brings to mind the movie 'Multiplicity,' or the scientists that are currently involved in 'cloning.' So what is the entire buzz about? And what does it mean to us, the legal community?
Features
The livelihood of a lawyer involves a lot of words, which is why practically every lawyer uses a word processor. Traditionally, this means installing and using a software copy of Microsoft Word or Corel WordPerfect. Over the last few years, however, we've seen the emergence of a new delivery method for software.
We now have what many technology experts call 'Web 2.0' and, once again, technology offers new opportunities for members of the legal profession to improve the efficiency and effectiveness of their workflow. We believe it is in the interest of technology leads within law firms and corporate counsel groups to consider how they can better incorporate these innovations into their practices, given the benefits they can deliver.
Features
e-Discovery is inherently messy and prone to mistakes. The data itself is not always what it appears, the volumes of data are often mind-boggling, and the locations in which the data is stored are not always easy to find. Add to this the fact that we have recently witnessed a lawsuit involving a major law firm and an e-discovery provider, all which revolved around e-discovery mistakes. While the lawsuit was ultimately settled, an environment of mistrust has surfaced. This mistrust, however, can easily be eliminated with a little planning and foresight.
