Lawyers and businesspeople are like most people who read things they must or are interested in: They read the exciting parts first ' and that includes contracts. Everyone is interested in the money, and what they will get from the deal.
But what about what might be considered the marginalia, the add-ons ' or what some people might think of as those categories ' the escape clauses of the contract? Well, you can bet that no one reads the term and termination sections first. These "quiet" clauses are usually hidden, well in the back of a contract, with the boilerplate and signatures.
- May 26, 2005Stanley P. Jaskiewicz
Because e-commerce lacks face-to-face interaction, and online transactions are often completed without any communication between the buyer and seller, there always exists a margin of risk with respect to payment security, data protection and transaction fraud. Specifically, e-commerce has provided a feeding ground for many a fraud perpetuator looking to scam anywhere from a few bucks to millions of dollars from unknowing consumers. Although attorneys, particularly those reading this publication, perform due diligence helping to avoid such problems, unfortunately some attorneys are busy trying to undo some problems created in the course of e-commerce.
May 26, 2005Steve WodaClearly, if an employer possesses the desired e-mails because the employer saved a copy of each e-mail sent to it, or because it owned its employee's computer within which the desired e-mails reside, then it would also own the e-mail. But the more problematic facts include what would happen if the employer didn't possess the desired e-mails.
May 26, 2005Jonathan BickThe Supreme Court gave a cork-popping victory to the wine industry May 16, striking down state laws that barred consumers from receiving direct shipment of wines from out-of-state wineries.
And the decision is likely to elevate e-sales of wine.May 26, 2005Michael Lear-Olimpi and Tony MauroNew York Attorney General Eliot Spitzer sued a major Internet marketer last month, blaming it for secretly installing software that delivers nuisance pop-up advertisements and can slow and crash personal computers.
May 25, 2005ALM Staff | Law Journal Newsletters |Recent developments of note in the Internet industry. This month:
MPAA Targets TV Download Sites
Yahoo Sued over Child Porn Site
Star Wars' Sith Victim of Internet Sieve
Microsoft, Massachusetts Target Spammers in Lawsuit
2004 Internet Ad Rev Surpasses Dot-com Boom LevelsMay 25, 2005ALM Staff | Law Journal Newsletters |The U.S. Supreme Court gave a cork-popping victory to the wine industry last month, striking down state laws that barred consumers from receiving direct shipment of wines from out-of-state wineries.
May 25, 2005Tony MauroCanada's national spam task force delivered its report on May 17 to Industry Minister David Emerson. Internet Law & Strategy Board of Editors member Michael Geist was a member of the task force and served as the co-chair of the law and regulatory working group. This article discusses the task force's report, recommendations and impact.
May 25, 2005Michael Geist and Steven SalkinHistorically, states, not the federal government, have been responsible for regulating charities. State regulation is designed to protect consumers from fraud and abuse. The federal government's role is generally limited to providing tax incentives that inure to the benefit of valid charities.
May 25, 2005Jonathan BickThe latest rulings from around the nation.
May 24, 2005ALM Staff | Law Journal Newsletters |

