LJN Newsletters

Shortly after the entry of a divorce judgment, matrimonial litigants walk away with their respective pieces of the marital estate (sometimes with support or distributive payments to follow) and begin separate lives with separate interests. However, without adequate protections under the law, the value of the marital estate before that pivotal moment (and the value of each litigant's post-termination estate) could have been diminished by the actions of the other spouse. For this reason, some concept of a fiduciary obligation between spouses exists in the majority of the states. Whether in equitable distribution jurisdictions or community property jurisdictions "spouses must manage marital property with care shortly before the termination of the marriage to ensure that the full value of the marital estate gets divided justly according to the prevailing system of distribution.

The U.S. Congress recently reinstated a ban on Internet access taxes after the House of Representatives agreed to extend it for another 3 years rather than make it permanent.

More and more attorneys are offering ' and their clients requesting- client services that include offering clients secure access to their personal case information by means of the Internet. Some law firms find such Internet Web site-based offerings to be a rapid, efficient and cost-effective method of communicating with clients, as well as other lawyers. Nevertheless, offering these services is not without an increase in legal liability for the law firm. Using the Internet to disperse confidential information raises potential ethical and legal issues that lawyers must face, with as of now, little guidance from the courts or bar associations.

Courts and law professors often praise "fair use" as the counterweight that keeps copyright balanced with free expression. Those who actually litigate fair use cases, however, will tell you a very different story. They will tell you that, when it comes to copyright cases, it's the copyright owner that has all the advantages.
Thanks to the recent federal district court ruling in Online Policy Group v. Diebold, however, the times they may be a-changin'. Fair users on the Internet can now go on the offensive to vindicate their free speech interests against overzealous copyright owners.

Recent developments of note in the Internet industry.
This month:
Google Sues Internet Marketer Over False Ad Clicks
Movie Studios Take Cue From Record Industry ' File Suit against File-sharers
Another 761 Added To RIAA Tally
Perfect 10 Says Google Removes the Towel

After years of promise and hype, Voice over Internet Protocol (VoIP), the ability to make telephone calls over the Internet, has emerged as a mainstream service for businesses and, increasingly, for consumers. Lower cost, competitive quality and ease of use are responsible for VoIP's accelerated adoption. However, the very features driving VoIP's rollout have brought to the fore the stresses that the Internet and modern telecommunications technology have put on the 70-year-old regulatory framework that governs them.

National rulings of interest to you and your practice.

For nearly 15 years, the Americans With Disabilities Act of 1990 (ADA) has helped clear away barriers to public accommodations, employment, transportation, government services and telecommunications for disabled Americans. This landmark legislation granted long-overdue civil rights protections and equal opportunity guarantees to individuals with disabilities, just as earlier civil rights legislation addressed discrimination based on race, color, sex, national origin, religion or age. While the ADA improved the lives of countless disabled individuals, it also created new challenges for many employers. And as of this summer, some employers will likely face an even tougher, more complex set of ADA accessibility guidelines, the impact of which is only beginning to be understood.