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Strategy Against Scrapers Image

Strategy Against Scrapers

J.T. Westermeier

In today's leading case relating to the Computer Fraud and Abuse Act <i>United States v. Nosal,</i> the Ninth Circuit expressed great concern over imposing criminal liability under the CFAA for violations of private computer use policies like website terms of use. The Ninth Circuit believes the CFAA should be narrowly interpreted. Using this narrow interpretation regarding access restrictions, a district court in California found a CFAA violation in <i>Craigslist Inc. v. 3Taps Inc. </i>

Features

Seveth Circuit Upholds Cracker Barrel Injunction Image

Seveth Circuit Upholds Cracker Barrel Injunction

Judith L. Grubner

When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.

Mobile Marketing Image

Mobile Marketing

J. David Harvey

In the era of the iPhone, iPad, and Android phones, mobile device use is exploding. In fact, Gartner predicts that mobile phones will surpass PCs this year as the most common way to access the Internet. For legal marketers, that means new challenges in providing content that is easily accessible through these devices and at a level of quality consistent with our website efforts.

Features

With Virtual Currency, Does Virtually Anything Go? Image

With Virtual Currency, Does Virtually Anything Go?

Laura Grossfield Birger

In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?

Features

Settlement in Chambers Image

Settlement in Chambers

Adam W. Schneid

In the first part of this article, we began discussion of the "open court" exception to the Equitable Distribution Law's requirement that, to be enforceable, matrimonial agreements made before or during a marriage must be reduced to writing, subscribed by the parties and acknowledged or proven in the manner required to entitle a deed to be recorded. But <i> Dolgin</i> and its progeny, make clear that the "open-court" exception applies only where an agreement, despite being oral, is nonetheless recorded in an official manner.

Features

Hey Doc, It Hurts When I Do This! Image

Hey Doc, It Hurts When I Do This!

David McCann

Few initiatives generate more stress, frustration and disappointment for legal marketing professionals than a rebranding campaign. Rebranding efforts may include, among other items, a name change, new logo, revised messaging and advertising imagery, updated marketing materials or a combination of some or all of these components. The objective is to enhance, regain, transfer and/or recreate brand equity.

Features

When Online Harassment of Tenant Turns Violent Image

When Online Harassment of Tenant Turns Violent

Jeffrey N. Rosenthal

Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril.

Features

Vanity of the Bonfires: Spoliation of Evidence Image

Vanity of the Bonfires: Spoliation of Evidence

Timothy M. Tippins

How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.

Features

Aereo Makes Unusual Move in Networks' Bid for S. Ct. Review Image

Aereo Makes Unusual Move in Networks' Bid for S. Ct. Review

Tony Mauro

In an unusual move that raised the stakes in the major copyright battle between broadcast television networks and the upstart Aereo TV service, Aereo Inc. is urging the U.S. Supreme Court to hear the dispute, even though it won in the court below.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Tenant Did Not Breach Obligation to Use Reasonable Efforts <br>Fraud Allegations Require Investigation Beyond Four-Year Period

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