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Disclosing Client Confidences - An Update
In the February 2003 edition of this Bulletin, I commented on the then recently issued "final" Sarbanes-Oxley (SOX) Rules on Standards of Professional Conduct for Attorneys. The "final" rules were not in fact final, because the SEC both had sought additional comments on the rules and had proposed, and sought comments on, a modified form of its controversial proposed "noisy withdrawal" rules. Since then, there has been no further word from the SEC about when and how a lawyer for a company or business executive is required or permitted to report client misconduct to a third party, including regulators and law enforcement authorities. But that does not mean all has been quiet. Significant changes have been made by the ABA to the Model Rules of Professional Conduct in this area and by international organizations wrestling with the role of lawyers in anti-money laundering compliance efforts.
Cases Of Note
Recent cases of interest in the Internet industry.
NY Federal Court Sends 'Typosquatter' To Prison
Several months ago, U.S. District Judge Michael Mukasey of the Southern District of New York sentenced one of the most notorious "typosquatters," John Zuccarini, to two and a half years for violating the Truth in Domain Names Act, which was enacted by Congress last year. <br>Although his arrest and conviction remain the most significant actions taken under the statute, the Domain Names Act adds another possible step that can assist companies that are victimized by typosquatting on the Internet.
First-Year Off Hook In Representing Dot-Com
Heller Ehrman White &amp; McAuliffe has agreed to settle a suit charging that the firm drove a now-defunct dot-com into the ground by making a first-year associate its lead attorney.
Net News
Recent developments of note in the Internet industry.<br>This month:<br>First Suit Filed Against Internet 'Spyware' <br>House Passes Second Anti-Spyware Bill <br>Grokster Officals Settle Separate Copyright Case <br>AOL Files First 'Spim' Suit <br>RIAA Sues 750 More <br>U.S. Teen Soccer Prodigy Adu Wins Cybersquatter Case <br>U.S. Declares War on Intellectual Property Theft <br>
Is Your Client A Spammer?
We've covered the CAN SPAM Act fairly extensively from a "what is it" type of perspective. In this article, Board of Editors member Jonathan Bick provides some practical advice on how to advise those clients who want to send marketing e-mails lawfully (it just doesn't seem right to say "spam lawfully.
Decision of Note: <b>NY Proper Forum For Suit Over BBC Documentary</b>
The U.S. Court of Appeals for the Second Circuit held that a New York-based plaintiff properly filed suit in Manhattan federal court alleging unjust enrichment and misappropriation of idea by the British Broadcasting Corp. (BBC). <i>Gross v. British Broadcasting Corp.</i> Plaintiff Pat Gross claimed that the BBC had without permission used her idea for a documentary about militant animal-rights activists that was broadcast in the United Kingdom. The district court dismissed the complaint for forum non conveniens.
Bit Parts
Recent developments in entertainment law.
Reality TV Shows Difficult Concepts To Protect
In the superheated competition of reality television programming, ownership of ideas is increasingly being disputed.<br>Allegations of idea theft will likely increase as the number of reality TV shows expands and the realm of truly novel ideas shrinks. Resolution of these cases could set new standards for ownership of ideas and the best ways of protecting those rights.
Content Agreggator Agreements With Online Music Services
Legitimate online music services have struggled to provide content from the fragmented independent music world. Until recently, independent artists were not very present on the legitimate online music services. This is partly because the major labels control the best-known recordings, partly because the major labels usually support online distribution with significant marketing budgets and partly because it is not very efficient for an online service to negotiate agreements with thousands of independent artists. <br> But after securing licenses from the major labels, the major online services sought to differentiate their offerings by adding independent artists. This created opportunities for a few companies to enter into "middleman" distribution agreements with many independent artists, and then enter into a licensing agreement with an online service for the artists' content. (Aggregators may also represent smaller independent labels, but this article will focus on independent artists who are also copyright owners.)

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