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Spring Cleaning: Cutting Gristle from Spam in E-mail Campaigns
August 22, 2003
The FTC has repeatedly expressed concern that increased volume of spam affects ISPs, inconveniences consumers and, to the extent that such e-mail is fraudulent, undermines consumer confidence in e-commerce.
Beware Hidden Dangers On Third-Party Services Sites
August 22, 2003
Adding third-party links for tax services to corporate Web sites can be a great way to attract new customers and generate extra income during the tax season. These links often generate income for the company agreeing to host the link to its corporate Web site.
No Electronic Theft Act Is A Partial Success
August 22, 2003
In 1997, the No Electronic Theft Act radically changed the underpinnings of criminal copyright infringement. Before the act, criminal copyright infringement targeted infringers making profits. The act focuses instead on copyright owners' losses, treating criminal copyright infringement as a type of theft ' like shoplifting.
Developments of Note
August 22, 2003
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Docket Sheet
August 22, 2003
Recent court rulings in e-commerce.
E-Commerce Rising
August 22, 2003
What does a cash-register ka-ching sound like online? It's the tune of $45.6 billion. That's the estimated e-commerce sales ring-up for 2002, the U.S. Department of Commerce reported in February. The activity represented an estimated increase in total e-commerce revenues from 2001 to 2002 of 3.1%.
European Data Privacy Rights ' Not So Scary After All
August 22, 2003
Most e-commerce businesses and advisers outside Europe are generally aware that the European Union has what appear to be some strange and intricate laws relating to data privacy.
UCITA Revealed
August 20, 2003
UCITA was drafted as a revision to the UCC ' a body of law adopted in almost every U.S. state that aims to ensure consistency in rules governing contract laws. After losing the support of the American Law Institute, the National Conference of Commissioners on Uniform State Laws adopted the proposed new article as a freestanding uniform act (UCITA), rather than as a new article to the UCC, and proposed the uniform law be passed in all 50 states.
MonsterHut Decision: Weapon of Mass Destruction?
August 20, 2003
Earlier this year, a New York trial judge issued the first written opinion on the meaning of the terms permission based and opt-in in the context of e-mail marketing.
DEVELOPMENTS OF NOTE
August 19, 2003
The Small Webcaster Settlement Act (Pub.L. 107-321) became law in December. It provides for alternative royalty-rate setting among certain small and noncommercial Webcasters by agreement with receiving agent designated by the copyright office to accept royalty payments for works covered by sound recording copyrights.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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