Social Networking May Pay Off in the End
For all their hype, social-networking Web sites are just glorified directories ' the 21st-Century version of the phone book or the legal directory. But unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could. Some people question the value of professional networking sites, given that a critical mass has yet to join them. But to my mind, avoiding social networking until it becomes widespread makes no more sense than waiting to launch a blog until everyone else has one. Would you rather lead the pack or trail behind it?
Keeping Up with Online Brand and Other Related Scams and Frauds
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
Case Briefs
Recent rulings of importance to your practice.
e-Commerce Docket Sheet
Online Promo Music Resales Fall under First Sale Doctrine<br>Unadorned Digital Car Models in Web Ads Not 'Real' For Copyright<br>Reseller Who Bought Ads with Trademark Not under First Sale Doctrine<br>Subpoena Seeking ISP Subscriber Billing Data Deemed Overbroad
e-Commerce Slows Again
For this year's second quarter, preliminary estimated e-commerce spending was 3.3% of total estimated retail spending of $1.034 trillion. In a likely reflection of a recently slowing economy, that percentage of e-commerce of all sales was the same for the third consecutive quarter ' something that's happened only once, in 2001, when the percentage of e-commerce sales was 1.1% for the first through third quarters.
Matching Bad Faith Doctrine and Damages
Failure to follow the purpose and logic of precedent risks irrational outcomes and unjust results. These risks are apparent in recent efforts to apply a "future benefits" rule in cases alleging bad faith by commercial insurers.
<i>Tiffany v. eBay</i>
The recent decision in <i>Tiffany v. eBay</i> is a well-considered exploration for finding secondary e-marketplace liability for facilitating infringing sale of goods without selling a product, and for the marketplace maker to avoid infringement liability for sellers on its site.
Does a Patch Need to Match?
Property insurance policies typically require repair and replacement of damaged property to be made with "like kind and construction" as the original. Occasionally, a policy will include another phrase that is similar to "like kind and construction," such as "like kind and quality" or "like construction and use." How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
'Can't Touch This'
No one would confuse the stereotypical IT geek with someone as cool as one-time hip-hop mogul M. C. Hammer. Yet, sometimes when the IT staff sacrifices lawyers' work habits on the altar of implementing a "litigation-hold" policy, it seems like Hammer's simple musical advice rules the day: "U Can't Touch This." From the lawyers' side of the divide, the IT department's well-intentioned effort to comply with procedural rules to enforce a litigation-hold policy often seems like interference with our professional duties to clients, and how we do our jobs.
