The Assault on Traditional Long-Arm Jurisdiction Continues
August 25, 2010
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
Using Technology Can Overcome First Amendment e-Monitoring Worries
August 20, 2010
e-Commerce tools allow e-monitoring of an Internet user's actions ' but the desire of companies and others to know and to track what an Internet user does on the Internet isn't as simple an issue as just setting up the technology and being done with it.
Internet Sale Ruled To Trigger Personal Jurisdiction in Long-Arm Law
August 20, 2010
A federal appeals court ruled last month that a trademark-infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to an address in the Bronx, New York City, from a Web site that offered merchandise to New York consumers.
Unconstitutional Burdens
August 20, 2010
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
<b><i>Product Review:</b></i> American LegalNet's eDockets
August 19, 2010
The docketing process can be highly risky. When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is left vulnerable ' vulnerable to missing deadlines, losing track of e-filings, or submitting out-of-date or unofficial forms. Further, time-consuming paper reporting, inconsistent database and deadline management and a lack of integration with other critical programs (such as time and billing systems, conflicts checking and document management systems) cannot only diminish a firm's workflow efficiency, but also increase its risk.
How Technology Can Drive Effective Case Collaboration
August 19, 2010
Reviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges. Predominant among them: How can legal teams and counsel leverage technology to collaborate and more efficiently manage case administration and trial preparation while keeping costs at a minimum?
Electronic Discovery in the Cloud
July 29, 2010
As organizations strive to minimize costs and maximize efficiency and scalability of computing resources, IT and legal departments across the globe are turning to cloud technology (a.k.a., cloud computing) for help. The recent surge in popularity is pushing industry groups to consider how to accurately define cloud computing and provide guidance as to how it can be properly managed ' especially in relation to regulatory compliance and electronic discovery requests.
Florida Law Firms Protest Bar's Online Ad Rules
July 29, 2010
While the ACLU and other nonprofit legal groups have been declared exempt from a strict proposal for regulating lawyer Web sites, Florida's largest law firms are starting to band together to protest the regulations, largely on First Amendment grounds.
Obtaining Assent in Today's e-Conomy
July 29, 2010
This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.
The DMCA Safe Harbor Provision Is Stronger Than Ever
July 29, 2010
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
