Features
Divorce and the Foreign-National Spouse
New York is still one of the major destination states in this country for newly arriving immigrants. Many of them come as newlyweds to the state, or are married after they've lived here, either legally or illegally, for some time. Of course, newly married immigrant spouses of American citizens or permanent citizens can apply for residency, but in the first years of marriage, that status, when granted, is not permanent but conditional. Family lawyers dealing with divorcing aliens or their spouses must therefore be prepared to advise their clients of the problems that can arise when immigration status is at stake along with the usual questions of who gets the dining set and the better car. <b><i>Part One of a Two-Part Article.</i></b>
<b><i>Commentary</b></i> Is Suing Your Customers A Good Idea?
Four thousand two hundred and eighty lawsuits and counting. <br>That's how many lawsuits have been brought by the major record labels against music fans for using peer-to-peer (P2P) file-sharing software (like KaZaA or Morpheus) to swap music over the Internet. The 1-year anniversary has just been reached in the recording industry's unprecedented litigation campaign against its own customers. The campaign appears to have hit its stride, with the Recording Industry Association of America (RIAA) announcing roughly 500 new suits each month.
RIAA Escalates Battle
The Recording Industry Association of America (RIAA) recently announced that it has filed a new round of lawsuits against 762 people it suspects of distributing its songs for free over Internet peer-to-peer (P2P) networks like KaZaA and eDonkey. <br>As of press time, the RIAA has sued roughly 5400 people over the past year in an effort to discourage the online song copying that it believes has cut into CD sales. And it's also pressing Congress to help.
Features
Legislative Update
House OKs Bill Imposing 'Spyware' Fines <br>Schwarzenegger Signs California Anti-Spyware Bill <br>Maryland Anti-Spam Law Toughens Penalties
Franchise Law Applies To Internet
Traditional franchising is an established business technique that brings together the owner of a branded product with another. A franchisor provides a trademark or trade name and a business arrangement; a franchisee pays a royalty and often an initial fee for the right to do business under the franchisor's name and system. The contract binding the two parties is the franchise. <br>After the downturn in the Internet advertising market, Internet merchants developed the pay-for-performance e-commerce sector. Internet merchants paid a commission to affiliates who directed people to their Web sites. More sophisticated affiliate programs were set up as revenue sharing arrangements. The terms and conditions for these programs began to mimic franchise agreements.
Features
Cases of Note
Recent cases of interest to the Internet law community. This month:<br>U.S. Supreme Court Mulls RIAA, Verizon Dispute <br>PA Internet Child Pornography Act Struck Down
Congress Passes Lawsuit Abuse Reduction Act of 2004
On Sept. 14, the Republican-led House passed a bill dubbed the Lawsuit Abuse Reduction Act of 2004 that aims to do just that: deter attorneys and their clients from bringing unfounded suits. The vote was 229-174 for the bill that would impose sanctions on lawyers who bring suits that are deemed unfounded.
Features
Med Mal News
Recent news of importance to you and your practice.
Features
Videotaped Depositions: Goldmine or Curse?
Times have changed. Depositions, used at trial for impeachment purposes, are now more than just dry words on a page. Increasingly, they are on videotape and the courts are happy about that. <i>Weseloh-Hurtig v. Hepker</i>, 152 F.R.D. 198, 201 (D. Kan. 1993). Should medical malpractice lawyers feel the same way? Well, it depends on whether you are the attorney taking the deposition or if you are the one whose client's deposition is being captured on video. It can be a blessing or it can be the death knell for your case. Let's look at this developing trend.
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