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e-Commerce Docket Sheet
April 29, 2008
Monitoring e-Mail To Bankrupt Entity Is OK under e-Privacy Laws<br>'Knowing' or 'Willful' TCPA Violation Does Not Require Showing Knowledge<br>Group Lacks Standing For Unsolicited Faxes Claims under TCPA<br>Clickwrap Forum Clause Enforceable, Even in Adhesion Contract<br>Arbitration Clause with Class Action Waiver Not Unconscionable in PA<br>Class Arbitration Waiver in e-Sales Contract OK under NJ, TX Law<br>Conversion Tort Doesn't Apply To e-Records, Data in MA<br>MN Long Arm Cannot Touch Software Licensee on Technical Support
How to Prepare for a Live Presentation
April 29, 2008
Whether they're giving a speech at a conference, pitching a client or making an internal presentation at a firm or corporate retreat, time and again lawyers are waiting until the last minute to prepare. Appearing live is all about impact and impression. It's about being memorable in an impressive way. If you are taking the time to appear live and in person anywhere ' and your audience is, too ' then why wouldn't you prepare for the event fully honoring the idea that live communication is all about connection and energy?
Download Ruling May Raise Burden For Record Labels
April 29, 2008
Those who download music to their computers now have two unlikely heroes: Janet Bond Arterton, a federal judge who sits in New Haven, CT; and Christopher David Brennan, a young Waterford, CT, resident who has reportedly downloaded songs by Billy Joel, Hootie and the Blowfish and other artists. Brennan is one of about 30,000 people sued by the music industry in recent years for allegedly taking music from the Internet without paying for it.
SEC Improves e-Capital Raising
April 29, 2008
The Internet provides private companies with a cost-effective way to introduce themselves to many potential investors. It also facilitates efficient capital fundraising opportunities. That stated, the SEC revision of Rule 144 makes raising capital on the Internet easier, and cheaper. The SEC changed Rule 144 to reduce regulation of restricted securities, which, in turn, facilitates Internet capital-raising.
German Federal Constitutional Court Rules on 'Online Search' of Computers
April 29, 2008
Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.
e-Commerce Meets American Idol
April 29, 2008
With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
Don't Lien On Me: Considerations for Commercial Landlords When Tenants Improve Property
April 28, 2008
Commercial landlords need to be aware of the specific mechanic's lien laws in the states in which they own property and take all appropriate steps to ensure that their property does not become subject to a lien as a result of their tenant's improvements.
Bridging the Gap: Concepts Useful in Negotiating Commercial Leases
April 28, 2008
Some of the more contentious provisions in commercial leases have to do with the landlord's right to recapture the leased premises upon an assignment or sublease; relocation of the tenant to other space; co-tenancy; netting of expenses; and acceleration of rent upon a default. Often the parties will be at loggerheads over these provisions and pessimistic that their differences can be bridged. However, there are concepts that can serve to bridge the gap, and this article discusses some of them in the context of those types of lease provisions.
In the Spotlight: Conducting Leasing Due Diligence? Watch for These Nine Lease Provisions
April 28, 2008
This article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.
Take Caution Before Transferring Portions of a Project (Especially to Affiliates)
April 28, 2008
Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.

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