Features
The Latest on 'No-Match' Letters
In the wake of a failed attempt to negotiate legislation for comprehensive U.S. immigration reform with Congress, the Bush Administration recently announced a series of 'regulatory' reforms to tighten immigration enforcement. Perhaps the most significant and controversial of those reforms is the Department of Homeland Security's new regulation addressing 'no-match' letters. Although the new regulation has been temporarily enjoined pending a hearing in federal court, employers should begin considering how they will comply with it if an injunction is not granted.
Features
New NJ Law Allows Pulling Plug on Sex Offenders' Access to Internet
Legislation signed last month will allow New Jersey judges to restrict Internet access for convicted sex offenders and make it easier for law enforcement to monitor their online activity.
Features
Settlement Reached Via e-Mail Is Upheld
A recent Massachusetts Appeals Court ruling enforcing an e-mail settlement agreement of a contractual dispute is a reminder to lawyers that e-mail settlements carry the same weight as deals on paper.
Features
Ownership of e-Mail Is Not Clear
In the current litigious environment, what happens when an employee sends personal, allegedly confidential communications from work to his or her attorney or spouse? Can the employer lawfully access those e-mails, or do the attorney-client and marital privileges prohibit the employer from doing so? In answering this question, the key inquiry is always whether the employee had a reasonable expectation of privacy in the e-mails at issue.
Industry's Lead Counsel in Music-Sharing Suits Discusses Procedural Aspects of Campaign
The RIAA has filed thousands of legal actions since its campaign against unauthorized file sharers began in 2003. For the past two years, Holme Roberts & Owen ('HRO'), based in Denver, CO, has served as national coordinating counsel for these cases. Late last year, the first trial against a file-sharer resulted in a jury in Duluth, MN, finding the defendant liable for willful infringement and awarding the record company plaintiffs $222,000. HRO partner Richard L. Gabriel is the record industry's lead counsel in that case and in its national campaign. He recently gave an update on the Duluth case and the industry's legal efforts against file sharing in a discussion at his office with Stan Soocher, Associate Professor of Music & Entertainment Industry Studies at the University of Colorado Denver and Editor-in-Chief of <i>Internet Law & Strategy</i>'s sibling newsletter <i>Entertainment Law & Finance</i>.
Features
Special Report on e-Discovery: Making e-Discovery Cost-Effective for Smaller Companies
In the days of only paper documents, smaller companies could afford to wait until they became involved in a lawsuit to worry about pre-trial discovery, but today's reliance on digital information makes that a risky and unnecessarily expensive strategy.
Special Report on e-Discovery: Defensible Legal Hold Process
If the road to hell is paved with good intentions, then the road to legal sanctions can be paved with intentions to show good faith. That's particularly true when it comes to implementing a legal hold process. Companies with lawsuits on the horizon must be extremely careful with the technology they use and the processes they follow regarding e-discovery in order to avoid sanctions and maintain defensibility.
Special Report on e-Discovery: The Revised Federal Rules of Civil Procedure
The 2006 amendments to the Federal Rules of Civil Procedure ('FRCP') were anticipated by some corporate counsel with Y2K-like gloom and doom predictions. In particular, many wondered aloud whether the rules would have the effect of placing reasonable limits on electronic discovery, or whether instead they would open the floodgates and drown us all in a sea of electronic document production. However, the past year has shown that, like the Y2K hysteria that went out with a whimper, the fretting over the negative impact of the amendments may have been overblown.
e-Commerce Docket Sheet
Recent cases in e-commerce law and in the e-commerce industry.
Features
Sarbanes-Oxley and Open Source
If you use software and work for or with a company subject to Sarbanes-Oxley ('SOX'), then 2007 was an interesting year for you. How interesting? I'll raise some issues arising from the intersection of the topic of software use and SOX from last year to help you keep to a minimum the risk that 2008 will be an interesting year in some very bad ways.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›