Online Shopping in Germany
February 28, 2011
In at least one area dealing with e-commerce law designed to protect consumer interests, the United States ' typically a leader in e-commerce ' has caught up with European law with the recently passed Restore Online Shoppes' Confidence Act ("ROSCA").
Extra-Contractual Damages in New York
February 28, 2011
In the three years since <i>Bi-Economy</i> and <i>Panasia</i> were decided, courts in a number of subsequent cases have been called upon to apply the reasoning of <i>Bi-Economy</i> and <i>Panasia</i>, reaching, at times, markedly differing outcomes. Although these subsequent decisions have shed some light on the question of how much has changed in the law of extra-contractual damages in New York, a number of important questions remain unsettled.
The Trials and Tribulations of Locating Expert Witness Talent
February 28, 2011
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify for e-commerce and other types of enterprises, or by hiring no experts.
Building Your e-Commerce Company Wisely From the Start
February 28, 2011
For entrepreneurs, the movie <i>The Social Network</i> teaches one clear lesson (for which the movie ticket, even with popcorn and parking, will be far less expensive than a real-world fight with one's partners): The failure to properly document the ownership of a new company leaves the door open for all involved to spend thousands of dollars in legal fees to sort the mess out later.
Privacy and Online Data Collection: At a Crossroads?
February 28, 2011
During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.
Copyright Claims to Images Posted on Twitter
February 28, 2011
If you are a technology or intellectual property lawyer and the phrase "social network" does not send chills up your spine, you aren't paying attention. The fundamental currency among users of social networking services is shared information; the greater the perceived value of the information, the higher the status of the user. Thus, social networks are an intellectual property minefield.
Closing the Profit Motive in the CAN-SPAM Act
February 28, 2011
Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.
