Cases Of Note
November 01, 2004
Recent cases of interest in the Internet industry.
First-Year Off Hook In Representing Dot-Com
November 01, 2004
Heller Ehrman White & McAuliffe has agreed to settle a suit charging that the firm drove a now-defunct dot-com into the ground by making a first-year associate its lead attorney.
The Internet's Legal Digital Divide
October 31, 2004
Few Internet law issues create a greater challenge than Internet jurisdiction, which raises the fundamental question of whose law applies to activity that takes place online. While some experts initially hoped that the Internet might breed a new era of global legal harmonization, a closer examination reveals that legal differences are cropping up everywhere as countries become more assertive in ensuring that their Internet legal framework is consistent with national policy priorities.
Personal Jurisdiction and The Internet: An Update
October 31, 2004
As set forth in a prior article appearing in the April issue of the <i>Internet Law & Strategy</i> newsletter, despite some suggestions to the contrary, the rise of the Internet as a business tool does not portend the end of limits on personal jurisdiction. Rather, the courts are continuing to find that the Internet merely provides another vehicle (albeit an electronic one) through which a party may purposely avail itself of the privilege of conducting business in a foreign state and thus subject itself to jurisdiction in that state.
Don King and Internet Jurisdiction
October 31, 2004
Despite the temptation, there's no need to put on a Don King wig when reading this story (notice I avoided saying "don" a Don King wig ' I just couldn't do it). In The Supreme Court of Judicature Court of Appeal sitting in London, the court upheld the ruling of a lower court that a libel suit against world-renowned boxing promoter Don King based on statements published on several Web sites remain to be heard in England, rather than be moved to the U.S.
Security Tips for Today's Digital Age
October 27, 2004
Computer networks and Internet use has become a necessary part of the legal industry, and legal professionals should focus attention on potential threats that accompany this use of technology. As dependence on the Internet continues, and the threats to computer networks increase, it's important to implement safeguard solutions to protect information security.
Franchisors' Perspective: Many Attractive Proposals
October 18, 2004
Franchisors should find compellingly attractive the changes to the federal disclosure paradigm that will transpire if the Federal Trade Commission's (FTC) Franchise Rule is revised as suggested in the Commission's Staff Report of Aug. 25, 2004.
Countdown Begins for the Revised FTC Franchise Rule and UFOC
October 18, 2004
On Aug. 25, 2004, the Federal Trade Commission (FTC) released its long-anticipated report on its proposed changes to the FTC Rule on Franchising and Business Opportunity Ventures (FTC Rule). When the new FTC Rule comes into effect, franchisors will have to make significant changes to their existing disclosure documents and follow new rules for how and when they are delivered to prospective franchisees. There are also new exemptions for large transactions and large franchisees, and the FTC Rule will not apply to international franchise locations.
Problems Proving Infringement of Method Claims When Multiple Actors Involved
October 08, 2004
How many actors does it take to infringe a patent? At least in the case of a U.S. patent, the answer is "One — and only one." This question is more than just a not especially amusing riddle. Rather, it calls attention to an issue that is likely to assume much greater importance in coming years: the need, as a prerequisite to showing infringement of a U.S. patent, to identify a single legal "actor" to whom each and every of the infringing elements of an accused system or process may be attributed.
Court Watch
October 08, 2004
Highlights of the latest franchising cases from around the country.
