e-Discovery Tags Along As Matrimonial Lawyers Go Online
January 28, 2005
The Internet has been recognized by matrimonial attorneys as promoting a variety of goals. But matrimonial attorneys may not be aware of the unique issues that arise when they need to have the data and information they collect online presented as evidence.
Bit Parts
January 28, 2005
Recent developments in entertainment law.
Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages
January 28, 2005
Many practitioners likely assume that the sole monetary remedies under the Copyright Act are those specified in Sec, 504 of the statute, namely the copyright owner's provable losses and/or the infringer's profits, or, alternatively, statutory damages (which, by statutory formula, include possible stepped-up awards in cases of willful infringement). It was thus with some significance, and perhaps surprise, that in <i>Blanch v. Koons</i>, a slender decision of only seven paragraphs, a federal district judge in New York rendered a decision that granted a motion to amend the complaint in a copyright case to allow the plaintiff to seek punitive damages (not simply enhanced statutory damages).
When a UK Franchise Termination Struck Back
January 28, 2005
On Nov. 16, 2004, Justice Richards of the Chancery Division of the High Court in England handed down judgment in <i>(1) Total Spares & Supplies Limited (2) Antares Ltd v. (1) Antares SRL (2) European Plumb Direct Ltd,</i> 16 November 2004 EWHC 2626 (Ch). It is rare that a franchise dispute proceeds to trial in England, and this case is a reminder of the dangers associated with terminating a franchise agreement.
Internet Boosts Business Of Marriage Law
January 28, 2005
The impact the Internet has had on growing revenues, increasing profit and strengthening businesses' bottom line ' whether electronic or brick-and-mortar ' has been tremendous. <br>And just as in the general business sector, matrimonial attorneys have recognized the Internet as promoting a variety of goals for themselves and their clients
The Burden Of Technology
January 28, 2005
Businesses invest in technology to save money. They hope that the latest invention will live up to the marketers' claims of efficiencies over old ways of doing business. <br>But paradoxically, when "computing" the savings, don't forget the extra costs ' the "technology burden" as it's called ' imposed by innovation, whether cutting edge or mainstream. Keep in mind that sometimes you have to spend more ' a lot more ' before you can spend less.
<b>Commentary:</b> Speed Passage Of The Telecommuter Tax Fairness Act
January 28, 2005
Now that the 109th session of Congress is well under way, passing The Telecommuter Tax Fairness Act must be a top priority for legislators. This proposed legislation would prohibit states from imposing a punitive tax on nonresidents who choose to telecommute some or most of the time to in-state employers. By proscribing such a tax, the law would remove a significant obstacle to the continued growth of an important form of e-commerce: interstate telework.
Developments of Note
January 28, 2005
Recent developments in e-commerce law and in the e-commerce industry.
Protecting Internet Communications
January 28, 2005
Law firms use Internet technology to communicate in ways that were simply not possible 10 years ago. This has allowed lawyers to share information as never before. More importantly, the technology associated with the Internet allows law firms direct control over Internet communications because they own the individual networks that allow information to be shared. This direct control brings increased liability for copyright infringement, unless firms comply with the Digital Millennium Copyright Act. Compliance requires little investment of time or money. Similarly, e-mail protection is readily available at little or no additional cost.