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Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
FTC Opens the Door To Spam Regulation
The FTC is under enormous pressure to address the growing proliferation of spam. n light of Constitutional and statutory limitations, the FTC has been forced to focus its efforts on deceptive spam, as opposed to the broader problem of too many unsolicited messages crowding consumers' in boxes.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
<B><I>Clause Of The Month</b></i>Anti-Spamming Provision for E-mail Provider's Acceptable Use Policy
Despite their constant technological and legal efforts, e-mail providers have found it nearly impossible to keep users from spreading unsolicited commercial e-mail, or spam, throughout their systems. The situation has reached the point where traditionally fierce competitors such as America Online, Yahoo! and Microsoft are now pooling their resources to combat spam. Any company that provides any kind of e-mail services should make it clear to users at the outset that spamming will not be tolerated.
Top 10 Issues for the E-Commerce Practitioner
As use of the Internet continues to grow, more e-commerce legal issues are confronting attorneys and their business clients. What follows are the Top 10 legal issues counsel should be prepared to address as their clients expand their business into cyberspace.
Dust Off ' Or Whip Up ' Your Disaster Recovery Contracts and Security Procedures
Events such as Sept. 11 and the war with Iraq have brought issues such as disaster recovery and IT security measures to the forefront of the business world.
How To Ensure DTPA Compliance
Each state has incorporated a Deceptive Trade Practices Act (DTPA), but the acts aren't the same, with states tailoring their law to meet the needs of constituents and e-commerce activity within their jurisdiction.
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
Clause Of The Month
In today's economic climate, with large-scale vendors swallowing increasing shares of the customer marketplace, such vendors may be emboldened to push for contractual exclusivity provisions in negotiations with customers; that is, a requirement that in the future, the customer purchase from the vendor exclusively any additional amounts of services of the type being provided by vendor under the current arrangement.

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    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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