Gay Couples: What's Going On
December 01, 2003
Although at the moment the state of New York is generating very little news on gay family issues, cases in other jurisdictions may eventually have some impact on the state, perhaps as argument when similar issues arise here, or at least with respect to how families formed in other states are treated when they relocate to New York.
Survey Reports Problems with Filing New Fees
December 01, 2003
Cries from practitioners balking at last summer's increase in filing fees appear to have intensified as complaints mount about problems with the collection of those fees. The New York State Bar Association is expected to release the results of a survey to the Office of Court Administration this week, which State Bar President A. Thomas Levin said identifies several criticisms with the new state Supreme Court fees required for filing motions, cross motions and stipulations of settlement and discontinuance.
Canadian MP and Senator Champion Anti-Spam Bills
December 01, 2003
Two bills aimed at establishing strict national anti-spam legislation in Canada expired when the last session of Parliament ended in November without them being enacted, but the legislators who introduced the measures vowed to reintroduce the bills in the next session of Parliament, which is expected to begin Jan. 12, 2004. The bills, as drafted, would subject people who violate the laws to hefty fines, imprisonment, or both.
e-Commerce Sales Up in 3rd Quarter
December 01, 2003
From brick-and-mortar Wal-Marts to boutique e-commerce setups, U.S. e-tail sales were strong in the third quarter, most likely driven by news of increased national productivity and a rosier outlook for the economy.
Are Anti-Trust Laws About to Bite Europe on Its IP Assets?
December 01, 2003
In the Nov. 11 edition of <i>The Wall Street Journal</i>, Ian Harvey, chief executive of tech firm BTG plc, said "if the European Commission were looking for a way to cripple technological innovation in Europe, it could hardly have come up with a better proposal than its proposed rules on technology transfer." Indeed, that proposal will no longer govern merely patents and know-how, but also software-copyright licenses - a move that might very well have a big impact on a variety of e-commerce business models.
Developments of Note
December 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
Enron Versus Wall Street
December 01, 2003
In late September 2003, Enron Corp. and Enron North America Corp. sued more than 40 banks and financial institution defendants for knowingly participating with insiders of Enron in a "multi-year scheme to manipulate and misstate Enron's financial condition." Complaint at '1.
Guidelines for Director Decision Making in Chapter 11
December 01, 2003
Chapter 11 is designed to enable a company in financial distress to preserve its business as a going concern and maximize the distributable value to creditors. This may be accomplished through the debtor's rehabilitation of its business and restructuring of its balance sheet through a stand-alone plan of reorganization or through the sale of its assets or businesses pursuant to section 363 of the Bankruptcy Code (or a Chapter 11 plan). The best course of action to preserve the debtor as a going concern and maximize value is dependent on the facts and circumstances of the Chapter 11 case and the interests of the relevant stakeholders.
