Novel Internet Statute Strategies
September 29, 2008
The Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet's current and future status as a channel and communications domain that requires regulation at various levels of operation and use
Web Site Terms of Use
September 29, 2008
Web site terms of use have taken center stage with the recent press reports of the indictment of Lori Drew by a Los Angeles federal grand jury for violating the federal CFAA. Terms of use are ubiquitous on the Internet. They are created by a Web site owner and purport to restrict how the public can use a Web site to obtain information, purchase goods or services or participate in Web-based social networking.
SEC Guidance on Company Web Site Use
September 29, 2008
Over the past several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of information available to investors. Investors are now able to retrieve information from the SEC and many companies instantaneously. Acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, the SEC issued an interpretive release that provides updated guidance on the disclosure of investor information on company Web sites.
A Look At Disney's International Legal Team
September 29, 2008
For Peter Wiley, the Walt Disney Co.'s European head of legal, these are interesting times. His employer, one of the most iconic companies in the world, is engaged in a drive to expand internationally and take the House of Mouse into the digital age.
Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback
September 29, 2008
Los Angeles entertainment attorney Robert A. Finkelstein accompanied Nancy Sinatra to Washington, DC, last summer for a U.S. Congressional hearing on a proposal for terrestrial radio stations to pay performance royalties to air sound recordings. Sinatra was a key artist-rights witness before the House Subcommittee on Courts, the Internet and Intellectual Property. Finkelstein praised a recent change in Washington state's right-of-publicity statute. The amendment, which took effect in June 2008, eliminated a personality's domicile as a bar to bringing a right-of-publicity suit.
Technology in Marketing: An Experience Management Solution
September 29, 2008
A recent ACC Corporate Counsel survey reports that a lawyer's expertise is the single most important criterion when it comes to choosing new outside counsel. As a result, firms that are unable to quickly prove experience and expertise risk losing business and face competitive disadvantages. Here's what to do.
Law Firm Intelligence: Seven Research Resources You Need to Know
September 29, 2008
Adding free and low-cost publicly available resources to the researcher's menu of options will not only lower the overall costs of research, but will also enable the researcher to provide answers to a broader range of questions. Here are some suggested sites to use.
Muniauction v. Thomson
September 29, 2008
The <i>Muniauction v. Thomson</i> decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in <i>KSR Int'l Co. v. Teleflex, Inc.</i> and confirms the Federal Circuit's own decision on "joint or divided" infringement in <i>BMC Resources, Inc. v. Paymentech</i>.
Quarterly State Compliance Review
September 26, 2008
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently, including amendments to the corporation laws of Delaware, California, and New York. This edition also includes two recent decisions of interest from the Delaware Chancery Court.
