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Net News Image

Net News

ALM Staff & Law Journal Newsletters

Recent developments of note in the Internet industry. This month:<br>Hollywood Lines Up Support for Net Song-Swap Case<br>Ohio Spam Bill Signed into Law <br>Utah Reworking Nation's First Ban on Computer Spyware <br>House Panel Approves Spyware Bill but Doesn't Toss Cookies <br>Student Incarcerated for Possessing Illegally Copied Movies, Music <br>EarthLink Files More Spam Suits

Features

Court Says $10K 'Bet' Can't Settle E-tailer Fight Image

Court Says $10K 'Bet' Can't Settle E-tailer Fight

Jeff Chorney

A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.

Publius, RIP? Image

Publius, RIP?

Fred von Lohmann

In a classic New Yorker cartoon, the caption reads: "On the Internet, no one knows you're a dog." Not so. Whether you're spouting off your views about the latest episode of "Desperate Housewives" on a fan Web site, complaining about your sinking stock portfolio on a Yahoo message board or, in the case of a Texas man recently, castigating your local politicians for misspending taxpayer dollars, your Internet Service Provider (ISP) knows you're not a dog. And it knows your name, address and telephone number.

High Court Ethereality Image

High Court Ethereality

Dahlia Lithwick

I first started covering the U.S. Supreme Court just over 5 years ago. As measured in High Court years, that's barely a nanosecond-everything there moves…

Defining Political Spam Image

Defining Political Spam

Jonathan Bick

The Internet has radically altered the nature of communication in the United States. Its effects on the American political campaigns are dramatic, as demonstrated during the most recent political campaign season where it played a decisive factor in several election victories. The Internet offers candidates the opportunity to contact a million votes for about $100 when using unsolicited bulk e-mails, often called spam. Under the First Amendment, political spam is generally lawful; however its use as a fundraising and other specific types of communication may cause legal difficulties. <br>By sending out unsolicited bulk e-mails, candidates sent information to millions of voters with the click of a button. Some see political spam as another nuisance, no different than commercial spam or junk mail. Others find political spam to be a form of speech. In particular, they find political spam to be protected speech.

Features

The Changed Landscape: Introduction Image

The Changed Landscape: Introduction

Jeffery S. Haff & Andrew Scott

As franchise lawyers, we see hundreds of cases a year that impact our practice. Many are very important "bread and butter" cases, such as state court opinions dealing with parol evidence and integration clauses and federal cases involving trademark infringement. These are important cases that every franchise lawyer should know because they help in the day-to-day battles. Far more interesting to us, and we would imagine to most franchise attorneys, are the big cases that have happened maybe once or twice a year over the past 10 years that have made everyone wonder, "What in the world is going on?" We have selected 10 such cases that were decided in the past 10 years, made a substantial impact on franchise law, and have made most of the franchisor and franchisee legal community take a good, hard look at how to do business in the future. These are 10 cases that, at least at the time they were decided, changed the landscape for franchise attorneys and their clients.

Features

Court Watch Image

Court Watch

Peter C. Lagarias

Highlights of the latest franchising cases from around the country.

Features

Franchise Litigation: 10 Cases That Changed the Landscape in the Past Decade Image

Franchise Litigation: 10 Cases That Changed the Landscape in the Past Decade

Jeffery S. Haff & Andrew Scott

<i>Armstrong Business Services, Inc., et al., Appellants v. H &amp; R Block, et al.,</i> Bus. Franchise Guide (CCH) '12,485, 96 S.W.3d 867 (Mo. App. 2002). The Armstrong case involved H&amp;R Block franchisees who sued their franchisor for, among other things, encroaching upon the franchisees' territories through the franchisor's Internet business. H&amp;R Block then filed a counterclaim, alleging that all of the franchisees' franchise agreements were terminable at will by Block.

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent cases in e-commerce law and in the e-commerce industry.

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