Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
Avoiding Technology Pitfalls: How Software Escrow Can Protect Development Projects
In the second of two articles on use of software escrow in e-commerce projects, we take a look at how to avoid some technology pitfalls.
Do Not Call List Is Not the Only Victor
After a furious round of litigation at the trial and appellate court levels, the national Do Not Call Registry emerged in mid-October intact and enforceable. In the first few weeks of the Registry's effective date, the FTC received over 50,000 consumer complaints. Commission officials midmonth were reviewing these complaints for patterns and repeat violators, and hoped through these efforts to be in a position to bring the first enforcement actions before the end of the year.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
Features
<i>SCO v. IBM</i>: Does the Copyright Act Pre-empt The GPL?
Open-source software is a key e-commerce building block. For example, Apache, the world's most popular Web-server software, is open source. A lawsuit filed this year threatens not only the Linux operating system, but also the open-source license under which it is made available. This article addresses one of the legal theories attacking that license.
Features
Southern Wiretap Ruling May Affect New Yorkers
Because so many New York residents have strong ties to Florida and other southern states through second homes and relatives, New York family law attorneys should be aware that a recent decision in the U.S. Court of Appeals for the Eleventh Circuit has altered precedent concerning wiretap legality in Florida, Georgia and Alabama.
Features
Decisions of Interest
Recent decisions of importance to your practice.
Where to File — New York or Connecticut?
Because Connecticut serves both as a bedroom community and a weekend haven for New Yorkers, New York matrimonial lawyers often find themselves required to make a judgment as to whether a matrimonial action can be brought in Connecticut and if so, which jurisdiction is more favorable to their clients. Connecticut's matrimonial jurisprudence, while similar to New York's, differs both substantively and procedurally at a number of significant points. Unfortunately, the similarities may create something of a trap for the unwary since, by and large, the differences between New York and Connecticut matrimonial law tend to be in the details rather than in the broad strokes. This article discusses a number of the most significant points at which the laws of the two jurisdictions come together or diverge.
Big Changes in Child Protection Policies?
On September 23rd, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals three questions for clarification whose answer could become of major importance to New York child-welfare professionals and the families they work with. The responses to these questions and the ultimate decision in this case could have a significant impact on the way in which children can be removed from homes where one adult has domestically abused another.
On the Job: Politics As Usual
Of the many skills useful to law firm marketing professionals, the one that we can learn best from our attorneys is the political art. Fact is, even the most adept marketer will find it difficult to develop traction for marketing programs at his or her firm without using a heaping helping of political acumen to build consensus and boost allegiance.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
