Features
Spammers Should Know Their Source
Spam is a cost effective and lawful marketing tool. A spammer can send an e-mail advertisement to one million people at a cost of only $100. The CAN-SPAM Act of 2003 allows the use of unsolicited commercial e-mail. However, to avoid legal difficulties, those who use spam should consider doing more. In particular, it is highly advisable to establish an appropriate chain of title for target list databases they acquire.
Features
Stakes Rise As U.S. Supreme Court Hears Downloading Showdown
The Supreme Court appeared wary on March 29th of punishing peer-to-peer downloading services like Grokster for copyright violation, in spite of arguments by a lawyer for the recording and movie industries that they amount to "a gigantic infringement machine." <br>An hour of spirited oral arguments in the case <i>MGM Studios Inc. v. Grokster Ltd.</i>, played out before a courtroom packed with intellectual property lawyers and entertainment industry representatives.
Features
Net News
Recent developments of note in the Internet industry. This month:<p>Music Industry Expands Piracy Lawsuits to Asia <br>Senators Eschew Historical Tax for Internet <br>Lawmakers Introduce Bill to Extend Internet Tax Ban<br>Congress Moving to Tackle Spyware Problem<br>Judge Sentences Spammer to 9 Years
Features
Online Gambling Boom Comes With Tangle of Lawsuits
The booming world of online gambling has dealt lawyers a messy hand of legal challenges, spawning a host of lawsuits that target an industry poised to make nearly $10 billion this year ' up 40% from last year. <br>In California, a group of lawyers has filed a class action suit against a dozen search engines, including Yahoo and Google, for allegedly running ads that lead players to online gaming sites. The suit seeks to hold the search engines responsible for gambling losses.
Features
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the
In the Spotlight:Tenants Must Act Prudently When Executing Estoppel Certificates
Tenant estoppel certificates are generally perceived by most tenants as an occasional innocuous annoyance, and in most cases they are just that. There are certain instances, however, where the careless execution by a tenant of an estoppel can lead to serious potential legal difficulties in the future.
Don't Forget the Boilerplate: Not All Standard Miscellaneous Provisions Are Standard
After extensively reviewing or drafting the "substantive" provisions of a lease, it is tempting to overlook the so-called "boilerplate" provisions usually found at the end of the lease. These provisions typically are placed innocuously in the "Miscellaneous" section of a lease, thereby furthering the impression that such provisions are standardized and of little importance. Such boilerplate provisions are not nearly as uniform and standard as one might think, however, and numerous differences can be found in Miscellaneous provisions depending on whether the lease is drafted on behalf of the landlord or the tenant. It is imperative, therefore, that the boilerplate provisions of a lease are carefully reviewed by both parties to ensure that such provisions accurately and completely set forth each party's understanding of the lease terms.
Features
Mass Transfers and Tenant Chain Sales: Advice for Landlords
The rumor that the retailing giant, Target Stores, may be taking over one of Canada's oldest and most venerable department store retailers, the 334-year-old Hudson's Bay Company ("The Bay"), and/or its junior department store discount division, Zellers, has left many Canadian landlords scrambling to review their leases in order to ascertain their rights. Many landlords will find that Target may be able to slip into The Bay's shoes without the necessity of having to obtain the landlords' consent to the transaction. Target's entry into Canada may prove to be as seamless and effortless as Wal-Mart's successful entry into the Canadian market a decade ago through its subleasing of stores from F.W. Woolworth & Company, a feat that was achieved for the most part without the necessity of landlord consent.
Features
The Unofficial Rules of Evidence
In most law schools, "Evidence" is a required course. After completing it, every student can outline the basic requirements of admissibility; namely, the…
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 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›