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Recent developments in e-commerce law and in the e-commerce industry.
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Franchise statutes and regulations apply to the Internet. Court decisions clearly state that suppliers who use the Internet to sell goods and services ' with independent distributors, dealers, or sales agents helping ' may be franchisors under federal or state law.
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Law firms, which are as much a part of the e-commerce world as any enterprise they advise, are more often offering clients protected access to their personal case information over the Internet. <br>Clients expect their attorneys to use the most modern communications technologies, including the Internet. Using the Internet, through the firm's Web site, to communicate with clients and other attorneys can be fast, efficient and cost-effective. Providing confidential information over the Internet, however, can increase legal liability for the law firm. As of now, courts and bar associations provide little guidance for lawyers facing these new ethical and legal issues.
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Survivorship Interest Not Terminated By Unilateral Conveyance Hardin v. Rubin NYLJ 7/28/04, p. 20, col. 1 Supreme Ct., Kings Cty (Jacobson, J.) In an action by the daughter of the original owner's deceased son to establish that she owns a 50% interest in the subject parcel, the transferee from the original owner's daughter moved to dismiss the complaint. The court granted the transferee's motion, holding that the son's conveyance to himself did not terminate the daughter's survivorship interest. …
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The latest cases of importance to you and your practice.
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.