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Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.
Privacy compliance is increasingly a sticking point between targets and acquirers. Lawyers say they're seeing closes delayed, offering prices reduced, and some transactions scuttled altogether as regulatory scrutiny intensifies and buyers become skittish about privacy risks.
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>
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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.
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.
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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?
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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.
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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.
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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.
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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.