Googled into a Showdown
February 01, 2004
decorating company and the world's largest Internet search engine are locked in a lawsuit that could have a huge financial impact on keyword-based advertising on the Web.
Injunction Upheld on Web-Hosting Firm
February 01, 2004
An injunction preventing a Web-hosting company from accessing a registration service for Internet domains to gain data for mass-marketing has been upheld by the U.S. Court of Appeals for the Second Circuit in <i>Register.com v. Verio, Inc.</i> A two-judge panel upheld the preliminary injunction granted by Southern District Judge Barbara S. Jones in favor of Register.com, Inc., one of 50 companies that act as vehicles for the registration of names in the .com, .net and .org domains.
Spam Filters Raise Ethical Issues
February 01, 2004
Most attorneys rely heavily on e-mail as a primary form of communication with their clients. The accessibility, speed, flexibility and low cost of e-mail have made it a nearly indispensable tool in the business community. However, these same qualities that make e-mail so valuable have enabled unscrupulous marketers to blanket e-mail users with unsolicited e-mails, such as for mortgage refinancing, prescription drugs, obscene invitations and requests for help from fictitious Third World government officials. Spam is the nemesis of nearly every e-mail user, and as spam exceeds the point of accounting for one of every two e-mails transmitted, many feel that without remedial steps, this medium may be in jeopardy. It would seem then that technological enhancements to e-mail communications, such as spam filters, would be a natural and accepted outgrowth of this permissible communications method. However, attorneys are subject to ethical considerations not present in many other industries. Therefore, the specific manner in which a spam filter operates must be examined in order to gauge whether it is appropriate for a law firm environment.
State and Federal Courts Heading to PDF
February 01, 2004
The rules for submitting documents to U.S. State and Federal Courts is changing at a rapid pace by requiring attorneys to submit documents in PDF format. PDF, the acronym for Portable Document Format, has become the standard for accessing and submitting documents electronically regardless of the program used to create the document originally. The federal judicial system is now in the process of replacing the court's aging docketing and case management systems in favor of its nationwide Case Management/ Electronic Case Files (CM/ECF) systems. The new system not only provides access to court documents in PDF, but allows attorneys to file documents over the Internet.
Practice Tip: <B>Some Seriously Serious Computer Forensics Tools</b>
February 01, 2004
In-house and outside personnel are increasingly on the lookout for software tools they can use themselves to work with electronic discovery. A plethora of tools is available today, ranging from software solutions intended to be used only by properly trained computer forensics specialists to ones any of us can load on our machines and begin working with after only minimal instruction. This article focuses on two packages that fall squarely within the first group: EnCase Forensic Edition, and the Ultimate Toolkit. According to Jeremy Wunsch, Director of Data Forensics at Lucidata, LLC, and president of the Minnesota Chapter of the Information Systems Forensic Association, these are the two leading computer forensics products for the private sector.
News from the FDA
January 13, 2004
The latest news of importance to you and your practice.
Discovery of Trade Secrets: What Constitutes Protected Information?
January 01, 2004
<i>Part One of a Two-Part Series</i> In a technology-driven economy, the threat to trade secret and propriety information is real and visceral. A recent survey estimated that theft of this information resulted in losses of more than $50 billion to the responding companies, which included Fortune 1000 corporations as well as small and midsized businesses, for the year ending June 30, 2001. The American Society for Industrial Security (ASIS) and PriceWaterhouse Coopers, <i>Trends in Proprietary Information Loss: Survey Report</i> (Sept. 2002). It is perhaps only natural that this threat should find its way into litigation, particularly product liability litigation. Discovery in these cases typically involves the production of some of the product manufacturer's proprietary and technical information. More recently, however, claimants have sought the manufacturer's trade secrets — highly confidential information at the heart of the company's business. The responding manufacturer objects to this discovery as causing irreparable harm if disclosed, and the battle lines are drawn.
Are You Filing Sales/Use Tax Returns?
January 01, 2004
There is good news for law firms and providers of legal services. Since they are exempt from sales tax in all states, they are not subject to collecting and remitting sales tax. However, because of the use tax (which is the other component reflected on the tax return), law firms and legal service providers should still file sales tax returns in their resident states. More and more law firms and other exempt service providers are being audited by the states for sales and use tax. These audits are resulting in firms being assessed thousands of dollars in use taxes, interest, and, in some instances, penalties.
Around the Firms
January 01, 2004
Movement among major law firms and corporations.
