How the Internet Exposes You to Risk
September 29, 2006
The advent of the Internet has provided businesses with a wealth of previously unavailable resources. Companies may now use electronic tools to communicate instantaneously with customers and associates around the globe. These improvements in sharing information, however, have not come without costs, and today's businesses must be aware of the risks involved in using these technologies. This article, the first in a two-part series, contains an overview of some common risks inherent in Internet use and closes with a discussion of how those risks might affect litigation.
Automate and Save
September 28, 2006
A new day is dawning for electronic discovery in corporate environments. Opposing counsels recognize that e-documents stored in proprietary formats or on multiple systems no longer mean that they are inaccessible.
UK House of Lords Sets Limits on Application of EU Antitrust Law
September 28, 2006
The decision by the House of Lords in <i>Inntrepreneurs Pub Company v. Crehan</i> concerning the Inntrepreneur chain of franchised pubs and its exclusive supply of beer under the franchise agreement is the latest and probably final step in a long-standing dispute about the consequences of the infringement of European Competition Law by a franchise (or indeed other) agreement. It concluded that damages can be awarded for breach of Article 81(1) of the Treaty of Rome ' the EU's antitrust law ' but should not be awarded in this particular case.
Weaving a Bulletproof Web
September 28, 2006
An often-overlooked component of an e-commerce company's intellectual property portfolio is the company Web site. This is something that is true in general for firms of any type, including law firms that advise e-commerce ventures, but it's especially true in the fast-paced world of technology firms, whose primary emphasis is usually core technology in the form of patents or trade secrets. The Web site, as a matter of course, is the most innocuous of assets, but it's an asset, nonetheless, and one of which tech-world denizens should be aware. The job of the general counsel's office, and of lawyers hired to act in that capacity, is to protect this asset.
Liability Without Harm: Is There a New Source of Catastrophic Liability Lurking Within Your State's Consumer Protection Statute?
September 28, 2006
Lost benefit suits are especially threatening to product manufacturers because these claims are particularly susceptible to class aggregation. Rule 23 of the Federal Rules of Civil Procedure permits plaintiffs to assemble into classes when, among other things, they share 'questions of law or fact' and those common questions 'predominate over any questions affecting only individual members.' Fed. R. Civ. P. 23. Ordinarily, injury and causation are sources of diversity between plaintiffs and, by extrapolation, impediments to class treatment. Plaintiffs who claim injury from tobacco, for example, frequently claim different injuries and different causal mechanisms and, therefore, typically may not assemble into classes. <i>See, e.g., Aspinall</i>, 442 Mass. at 392-93, 813 N.E.2d at 485-86. By dispensing with the injury and causation requirements, lost benefit suits destroy a source of diversity between plaintiffs and promote class treatment.
e-Communications Policies
September 28, 2006
An electronic communications policy (ECP) is an internal publication for employees outlining a firm's Internet, computer and electronic assets guidelines with the objective of reducing business risks.<br>Along with saving employees time, such publications can improve employee morale, prevent employee/management disagreements and keep users out of court. An ECP, it's easy to see, is an important part of safeguards and employee knowledge base at e-commerce firms.
<i>Caveat Amicus</i>
September 28, 2006
Identity theft has emerged recently as one of the greatest customer risks in e-commerce. Certainly, no one will shop or do business at a site if he or she feels personal and financial information isn't secure on that site.<br>But the truth of it is that from the dawn of the e-commerce era, the identity of the 'other' person in a deal has always been an unknown risk. The identity of the person requesting a customer's personal information, whether the sender of a marketing e-mail or the owner of an e-commerce Web site, may never really be clear, even to those who read the fine-print terms and conditions in disclosures and contracts.
Online Legal Matching
September 28, 2006
In the relatively newfangled sector of e-commerce, how often does an entrepreneur or attorney who represents e-commerce clients get to witness the birth of a new industry? <br>Well, there's a new player in the $173 billion legal services industry, and its initials are OLM ' a euphonic moniker for online legal matching.
<b>Online Exclusive:</b> Class Action Lawsuit Filed in Wake of AOL Search Data Gaffe
September 27, 2006
AOL is facing a possible class action lawsuit from subscribers whose online searches were compiled and placed online by the company in July. The search history database, which was put online on July 31, quickly moved outside the protected site where AOL placed it, and newspaper reporters and researchers were able to identify individuals on the database by analyzing their search histories. By the time AOL pulled the database 10 days later, the information had, in effect, 'become public record,' according to the lawsuit.
