Stimulus Funds For Electronic Medical Record Systems
June 29, 2009
One of the newer ideas for reducing medical errors is to have medical providers use electronic medical record keeping methods. However, the single greatest inhibitor to taking advantage of technology is the requirement for an initial investment and, in the medical records technology area, this could be significant.
Insurance for Data Security Breaches And Consumer Privacy Claims
June 24, 2009
Every other day we read about some new data security breach or proposal to regulate the use of consumer's private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
How to Start A Practice <i>What Do I Do Next?</i>
June 02, 2009
Every legal and accounting publication ' in hard copy or on the Internet ' is loaded with advice about how to start a practice. But what seems to be missing is realistic guidance on the practice ' the practice, not the theory ' of practice development: Not what you should do, but what you could do.
The Unseemly Web of Keyword Advertising
May 29, 2009
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
Net News
May 29, 2009
Houston Blogger Jailed in Anna Nicole Suit<br>Judge Delays Craigslist Case
Assessing Challenge To Damages in File-Sharing Litigation
May 29, 2009
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
CAN-SPAM Preempts California Spam Law
May 29, 2009
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.
How Blogging Affects Legal Proceedings
May 29, 2009
Technology has entered the jury box. While the press has long reported on pending trials, bloggers ' or so-called "citizen journalists," some sitting in juries ' have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
