Features
Will Fracking Become the Next Mass Tort?
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
Features
Dancing on the Cliff Edge
In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.
Features
Updated Guidelines For Forensic Psychologists
A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.
Columns & Departments
Real Property Law
Not All Hedges Are <i>De Minimis</i> for Adverse Possession Purposes <br>Adverse Possession of Mapped Streets<br>No Punitive Damages Against Title Insurer
Features
The Pitfalls of Arbitration Administrator Rules
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 a Sticking Point for Deals
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.
Strategy Against Scrapers
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
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
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?
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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