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Emerging Internet Telemedicine Issues
March 25, 2008
Internet telemedicine, in use to varying degrees for more than a decade and general technology-assisted telemedicine for much longer than that, is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. The result has been that state boards of medical examiners and state legislatures throughout the country have initiated disciplinary hearings and legislation to limit a physician's ability to practice medicine without prior hands-on contact with a patient.
IP Storm Awaits Microsoft/Yahoo
March 25, 2008
If Microsoft can conquer Yahoo with its blustery takeover bid, there may still be another storm on the horizon over intellectual property. The two companies' views about what should be shared and what should be kept proprietary have been as different as Yahoo's sunny Silicon Valley and Microsoft's dreary Seattle.
Patent Troll Blogger Sued for Defamation
March 25, 2008
The moral of this story is 'Blogger Beware,' at least when it comes to blogging anonymously about litigation involving your employer. Before Cisco Systems Inc. in-house lawyer Richard Frenkel outed himself in February as the Patent Troll Tracker blogger, he posted blog entries in October 2007 that alleged two East Texas lawyers conspired with the Eastern District Clerk's Office to alter the filing date of an infringement suit. That suit was filed against Frenkel's employer, Cisco.
e-Working For a Living
February 29, 2008
No one would deny that those in the e-commerce economy 'work hard for the money,' in the words of nascent e-commerce entrepreneur and one-time disco queen Donna Summer. But is 'workin' for a living' any different for an e-commerce manager or executive than for the rest of us? To consider how dot-com employment has evolved over the past few years, I looked at a random sample of recent employment agreements to identify current practices and techniques in e-commerce employment contracting.
Franchisors: Exercise Your Contractual Rights
February 29, 2008
With the explosion of e-commerce and the easy availability of often free information on the Internet, franchisors have the ability like never before to expand their businesses into global markets. While the rapid growth into international markets has increased revenues and brand awareness, it also has added a layer of complexity and risk in monitoring franchisee compliance with the terms of the franchise agreement.
It Came from the State Legislature
February 29, 2008
Another year has come and gone, and Congress has again failed to enact comprehensive data-breach legislation. Certainly, many reasons why such legislation is needed exist and are acknowledged, but one of the primary benefits would be the establishment of national standards that would preempt the current myriad state data-protection laws.
FTC Staff Proposal Raises the Bar for Behavioral Advertising
February 29, 2008
On Dec. 20, FTC staff released for public comment proposed online behavioral-advertising privacy principles in an effort to guide self-regulation of this nascent industry. The release of these Principles followed a two-day Town Hall meeting the FTC held late last year on behavioral advertising, which itself followed the FTC's Tech-Ade Workshop in 2006.
Net News
February 28, 2008
Congress Considers New Net Neutrality Bill<br>Judge Cuts Court Award in Internet Defamation Case
MySpace 'Friend Request' Could Violate Protection Order
February 28, 2008
In a case of apparent first impression, a Staten Island, NY, judge has ruled that a MySpace 'friend request' can constitute a violation of a temporary order of protection.
Skadden Blog's 'Hot Associate' Contest Is Put on Ice
February 28, 2008
Who's the hottest young woman lawyer at Skadden, Arps, Slate, Meagher &amp; Flom? Last month, that question sent the New York firm into a bit of a tizzy. On Feb. 4, Skadden Insider, a blog written by two anonymous firm employees and dedicated, unofficially, to all things Skadden, announced the winner of its weeklong poll to decide the firm's 'Hottest Female Associate.' But the firm was not amused. On Feb. 7, Skadden Of Counsel Henry 'Hank' Baer, the firm's employment adviser, sent an e-mail to all Skadden lawyers in the United States, chastising the blog.

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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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