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In Tellabs v. Makor Issues & Rights Ltd. (June 21, 2007), the U.S. Supreme Court offered clarity on the requirement in the Private Securities Litigation Reform Act of 1995 (the 'PSLRA') that plaintiffs in securities fraud actions plead with particularity facts giving rise to a 'strong inference' of scienter. There has been some disagreement on the impact of the ruling.
In June 2007, the United States Supreme Court revisited the per se ban on resale price maintenance. In a 5-4 opinion, the Court in <i>Leegin Creative Leather Products v. PSKS, Inc.</i>, overruled nearly a century of precedent, and adopted a 'rule of reason' analysis that allows an alleged violator to attempt to justify price controls. As a result, news reports predicted widespread changes in resale price agreements and a decline in competitive discounts, giving the impression that companies are now free to impose price controls with little or no oversight, without fear of legal consequence, regardless of the specific nature of their products. Is this true?
Third-quarter rundown on legislation of interest.
The latest hot topic in corporate executive abuses may be manipulation of trades under prearranged trading plans established pursuant to Rule 10b5-1. Little has been said about the red flags that could indicate abuse of 10b5-1 plans. This article attempts to offer some practical guidance to corporate counsel to ensure that their 10b5-1 plans steer clear of SEC enforcement scrutiny.
Features
Recent cases in e-commerce law and in the e-commerce industry.
In June, the Supreme Court revisited the per se ban on resale price maintenance. In a 5-4 opinion, the Court, in <i>Leegin Creative Leather Products v. PSKS, Inc.</i>, overruled nearly a century of precedent, and adopted a 'rule of reason' analysis that allows an alleged violator to attempt to justify price controls. As a result, news reports predicted widespread changes in resale price agreements and a decline in competitive discounts, giving the impression that companies are now free to impose price controls with little or no oversight, without fear of legal consequence, regardless of the specific nature of their products. The actual ruling, however, is neither so sweeping nor revolutionary. It is not an endorsement of resale-price controls in every case, or even in most cases. Companies that engage in resale-price maintenance may no longer face a charge of per se illegality, but they must tread extremely carefully in what is still dangerous territory.
It's a basic concept: Civil rights protection is a function of a person's physical location. State courts use their constitutions to expand civil-liberties protections beyond those rights granted by the federal Constitution's Bill of Rights. Across the nation, New Jersey, New York, Oregon, California, Texas, Maine and others have identified additional constitutional protections beyond those in the federal document. Because Internet transactions transcend state boundaries, however, states might be restrained from applying such additional protections to Internet transactions.
Features
e-Commerce and tech firms face constant threats to secrecy and challenges unheard of by their real-world predecessors. Today, for example, businesses that work with data about individuals, whether that data is a record of credit-card transactions or is housed in more complex medical databases, must comply with complex burdens to maintain the confidentiality of the people to whom the data pertains. As the many recent headlines about privacy breaches reveal, protecting against the risk ' and cost ' of worldwide criminals' vigilance to gain instant access to that data must be as much a part of any e-commerce firm's business plan as its marketing strategy.
The decision of the magistrate in the TorrentSpy case that the server-log data was subject to discovery has resulted in an outcry of opposition from various sources across the country, and the defendants have appealed the decision to the district judge. But while the decision ordering the production of such server-log data in the future seems incorrect on the issue of whether that information in RAM constitutes electronically stored information subject to discovery, for the reasons set forth below, the decision is not as momentous as many have suggested.
In the September 2005 edition of LJN's Legal Tech Newsletter, my colleagues and I published an article touting the benefits of Flash. We described using Flash to design a single platform from which our client displayed all of its trial graphics/exhibits and eventually won over $400 million. Two years have passed ' enough time to look back, refine our observations, assess Flash's benefits, examine the accuracy of our predictions, and offer some real-world observations for those contemplating using Flash in the courtroom.