Net News
British Music Industry Takes Aim at Net Song Swappers The British music industry recently announced plans to issue legal warnings to the nation's most…
Features
Personal Jurisdiction, the Internet and the Marx Brothers: Is There Life After <i>Zippo</i>?
Despite some suggestions to the contrary, the rise of the Internet as a business tool does not portend the end of limits on personal jurisdiction. The cyber-sky is not falling. Rather, the courts are finding that the Internet merely provides another vehicle (albeit an electronic one) through which a party may purposely avail itself of the privilege of conducting business in a foreign state and thus subject itself to jurisdiction in that state. In some recent cases, the federal courts have analyzed the characteristics of this relatively new and expanding technology under the Supreme Court's existing personal jurisdiction precedent. Instead of changing the personal jurisdiction standard, which is grounded in the Constitution, the courts have applied the existing personal jurisdiction standards to Internet activities.
Features
Can Screen Shot Use Create Libel?
A Philadelphia company is suing the <i>New York Times</i> for libel by claiming that the newspaper harmed its reputation by using an image from the company's Internet site.
Features
In The Courts
The latest on what's happening in the courts.
Features
Business Crimes Hotline
The latest rulings of importance to your practice.
Features
Prosecuting Energy Trading Fraud under the CEA
In the aftermath of Enron's collapse, attention turned to the accounting and other practices of energy companies. Numerous investigations and suits have been brought against traders and energy companies involved with supplying power to California and elsewhere during the 2000-2001 energy crisis. The government has focused on such practices as "round-trip trades," in which energy companies entered into pre-arranged transactions, lacking market risk, to inflate reported trading volumes. Federal prosecutors in California and Texas have charged individuals with causing inaccurate or fictitious trades to be reported to trade journals.
Features
Internal Controls: Cure-all or Snake Oil?
Internal controls" have been touted for years as the cure-all for corporate ills. Why, then, are we bombarded with daily revelations of abuses crippling corporations around the globe?
Can You? Should You? Must You?
As general counsel of a small public company, you discover that, for 2 years, a department head approved sending false invoices to customers, resulting in profits of at least $2 million. Although it stopped a year ago and is well concealed, the practice was intentional, and a half-dozen current employees were involved. You fear that the false invoices constitute at least mail and wire fraud. Moreover, if the victims find out, they might sue. What do you do?
Features
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
Depreciating Assets Online
The Internet may be destroying your most valuable asset ' whether you know it or not. Day in, day out, your reputation and brand image may be deteriorating, simply by being part of the Net's price-cutting bazaar. This depreciation occurs when online resellers aggressively promote discounts on branded products ' without the brand owner's consent or awareness. It's a problem for your company because brand image may have no meaning in a world dominated by advertisements touting the lowest prices or discount merchandise.
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›