Stakes Rise As U.S. Supreme Court Hears Downloading Showdown
April 28, 2005
The Supreme Court appeared wary on March 29th of punishing peer-to-peer downloading services like Grokster for copyright violation, in spite of arguments by a lawyer for the recording and movie industries that they amount to "a gigantic infringement machine." <br>An hour of spirited oral arguments in the case <i>MGM Studios Inc. v. Grokster Ltd.</i>, played out before a courtroom packed with intellectual property lawyers and entertainment industry representatives.
Electronic Data Discovery: It's All About Access
April 28, 2005
More often than not, elements of corporate investigations and legal proceedings come to an abrupt halt because archived electronic files can't be accessed. But thanks to the latest generation of restoration software applications, access can now be gained to virtually all archived electronic files. This new level of access is having a tremendous impact on litigation and corporate record-keeping.
Product Review: Back-up and Disaster Recovery Solutions Solutions from NSI Software
April 28, 2005
After the attacks of September 11, 2001, Thacher Proffitt & Wood was forced to relocate from its offices at the World Trade Center, and as a direct result began to enhance its business continuity plan to protect itself in the event of another catastrophe. Part of that plan included the safeguarding of the firm's IT assets.
Can You Get an Impartial Jury in the Age of Tort Reform?
April 28, 2005
In recent years, during <i>voir dire</i>, plaintiffs in medical malpractice cases have sought to ask jurors about their attitudes regarding "tort reform" and the so-called "medical malpractice crisis." These efforts have increased as those issues have moved to the political front burner, receiving considerable media coverage. Only a few courts have considered the validity of such questions, but of those that have, plaintiffs generally have been permitted to inquire as to a potential juror's views on those issues, though some courts have limited the line of questioning.
Spammers Should Know Their Source
April 28, 2005
Spam is a cost-effective and lawful marketing tool. Just consider: A spammer can send an e-mail advertisement to 1 million people for only $100. <br>So, fortunately for many spammers, the CAN-SPAM Act of 2003 allows the use of unsolicited commercial e-mail. But to avoid legal difficulties, those who use spam should consider doing more than simply the basics ' more active business planning, and legal defensiveness, than just hurtling spam into the ether. In particular, it's a good idea for anyone sending bulk commercial e-mail to establish an appropriate chain of title for target list databases acquired.
Developments of Note
April 28, 2005
Recent developments in e-commerce law and in the e-commerce industry.
Copy Control
April 28, 2005
When Static Control Components Inc., a small, family-owned printing-supply business, was sued under the Digital Millennium Copyright Act (DMCA), Seth Greenstein was surprised. The 49-year-old partner in the Washington, DC, office of Chicago's McDermott Will & Emery thought he had the DMCA down cold. Still, it took him nearly a year to get an injunction against the company lifted.
Can Electronic Information Be Kept Secret?
April 28, 2005
The term electronic secret isn't an oxymoron, but lately, it does seem that storing data digitally is incompatible with keeping that data confidential. <br>While victims of the disclosure of personal information may have concealed past security flaws, California's path-blazing law requiring disclosure of releases of personal information has forced public announcement of many recent incidents. While that law was once a seemingly onerous exception, calls for similar laws have spread among the states and in Washington, DC.
