Industry's Lead Counsel in Music-Sharing Suits Discusses Procedural Aspects of Campaign
January 29, 2008
The RIAA has filed thousands of legal actions since its campaign against unauthorized file sharers began in 2003. For the past two years, Holme Roberts & Owen ('HRO'), based in Denver, CO, has served as national coordinating counsel for these cases. Late last year, the first trial against a file-sharer resulted in a jury in Duluth, MN, finding the defendant liable for willful infringement and awarding the record company plaintiffs $222,000. HRO partner Richard L. Gabriel is the record industry's lead counsel in that case and in its national campaign. He recently gave an update on the Duluth case and the industry's legal efforts against file sharing in a discussion at his office with Stan Soocher, Associate Professor of Music & Entertainment Industry Studies at the University of Colorado Denver and Editor-in-Chief of <i>Internet Law & Strategy</i>'s sibling newsletter <i>Entertainment Law & Finance</i>.
Emerging Internet Telemedicine Issues
January 29, 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. But emerging technology and medical advancements may be stifled by problems unique to Internet telemedicine.
Bell Atlantic v. Twombly and Its Aftermath
January 29, 2008
One of the most important decisions that corporate counsel must make in any case is whether to file a motion to dismiss. While a motion can put an early end to the case, it can also prompt a judge to make damaging pronouncements about the law, without the benefit of a fully developed factual record.
German Data Retention Law Takes Effect
January 29, 2008
The controversial German draft bill designed to amend legislation on communications surveillance and other secret investigation measures, and to implement the European Directive 2006/24/EC ' which was set to introduce mandatory retention of communications traffic data ' went into effect on January 1.
Should Auld e-Commerce Be Forgot?
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
Majority Voting in Director Elections
January 29, 2008
Majority voting for the election of directors has been transformed from a fringe concept to the prevailing election standard among large public companies in the brief span of three years, as demonstrated by the November 2007 edition of the <i>Study of Majority Voting in Director Elections</i>. Statistics and examples drawn from the Study underscore that majority voting has become a relatively mature, as well as widespread, movement.
2007 ABA Tech Report: Editor's Note
January 28, 2008
This month, LJN's Legal Tech Newsletter is proud to include its third annual special supplement highlighting and analyzing information from the 2007 American Bar Association Legal Technology Survey Report. The article is written by Stephen Stine, a Research Specialist for the American Bar Association's Legal Technology Resource Center.
2007 ABA Tech Report: The 2007 ABA Legal Technology Survey
January 28, 2008
In 2007, the American Bar Association's Legal Technology Resource Center surveyed its lawyer members in private practice on their use of technology in the practice of law, and released its findings in the American Bar Association's 2007 Legal Technology Survey Report. What law office and mobile technologies are lawyers using to power their law practices? Are lawyers going paperless? Are they hopping on the Web 2.0 bandwagon? This article examines data from the survey to help answer these questions.
Bit Parts
January 28, 2008
Karaoke Recordings/Synchronization Licenses<br>File-Sharing Suits/Attorney Fees<br>Song Infringement/Access<br>Trademarks/Record Labels
