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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.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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