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.
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.
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?
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.
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.
Information stored on various kinds of electronic media is becoming central to virtually all corporate investigations, whether they are litigation-, regulatory- or audit-driven. The adoption of e-mail as the standard communication and document distribution mechanism, coupled with its exponential growth, has focused attention on electronically stored information.
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