Court-Imposed Waiver of the Joint-Defense Privilege
November 01, 2003
Most defense attorneys enter into joint-defense agreements with the understanding that even if one of the signatories decides to withdraw from the agreement and cooperate with the government, the confidentiality provisions survive. Two recent decisions ' by the Eleventh Circuit and the Northern District of California ' have called provisions like these into question: <i>United States v. Almeida</i>, 341 F.3d 1318 (11th Cir. 2003); and <i>United States v. Stepney</i>, 246 F. Supp.2d 1069 (N.D. Cal. 2003). Any defense attorney who is considering entering into such an agreement should think twice &emdash; especially if some party may choose, down the road, to cooperate with the government.
Nationwide Cybercrime Sweep Nets 125 Arrests
November 01, 2003
Attorney General John Ashcroft said recently that law-enforcement agents had arrested 125 suspects in a crackdown on Internet crimes ranging from hacking to fraud to selling stolen goods. The seven-week cybercrime sweep involved police from Ghana to Southern California and uncovered 125,000 victims who had lost more than $100 million, he told a news conference.
Combating E-Identity Theft
November 01, 2003
The Internet has made commerce as close and as quick as a mouse click, but it has also caused a dramatic increase in e-identity theft. Due to the passive approach taken by Federal and state authorities toward combating it, legal practitioners must use statutes designed to eliminate unlawful actives associated with e-identity theft, to eradicate the theft itself.
Philadelphia: The City of Brotherly Internet Law?
November 01, 2003
There must be something in the fiber-optic cable in Philadelphia. Why else would the U.S. Court of Appeals for the Third Circuit be such a hotbed for Internet policy making? For Stefan Presser, the longtime legal director of the ACLU of Pennsylvania, it is a hotbed blooming with work. Presser is a member of the legal team that filed a lawsuit against Pennsylvania attorney general Mike Fisher in September. The suit challenges a statute that allows the AG to force Internet service providers to block particular Web sites from being viewed by Pennsylvania residents that his office alleges contain child pornography.
Developments of Note
November 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
Do Not Call List Is Not the Only Victor
November 01, 2003
After a furious round of litigation at the trial and appellate court levels, the national Do Not Call Registry emerged in mid-October intact and enforceable. In the first few weeks of the Registry's effective date, the FTC received over 50,000 consumer complaints. Commission officials midmonth were reviewing these complaints for patterns and repeat violators, and hoped through these efforts to be in a position to bring the first enforcement actions before the end of the year.
