Thin to Win?
December 01, 2003
While a good number of legal technology vendors have fully embraced the "thin" client, the so-called "fat" client-server based applications are still very much a part of the legal technology landscape. Where do we stand today? Are the promises of Web-based applications coming to fruition? Are there good reasons to stay with client-server applications? This article will present a brief overview of Web-based and client server applications and then provide some factors that can assist an organization in choosing between the two. It is hoped that this article will help dispel the modern myth that the Web is always better and provide guidance in your system selection process.
Demonstrating the True Burden of e-Evidence
December 01, 2003
Approximately 3 years ago in <i>Danis v. USN Communications</i>, Magistrate Judge Schenkier stated: "At some point, a party and/or its attorneys must be held responsible for knowing what documents are discoverable and where to find them." He prefaced this statement by reasoning that we cannot create a loophole in the discovery rules by allowing counsel to argue: "Judge, we just didn't know those tapes existed." <BR>Case law in the past 3 years, most notably in <i>Zubulake v. UBS Warburg</i>, decision, has expanded a corporate counselor's Danis duty to "know thy e-data." <i>See also Zubulake v. UBS Warburg</i>. Counsel representing today's 21st century companies need to know more than simply where electronic evidence resides; they also have a duty to know if that data is accessible (<i>ie</i>, how easily it can be restored and produced) and how much the whole process is going to cost.
Fax Rule Facts: Complying with the New Fax Rule Under the Telephone Consumer Protection Act
December 01, 2003
Have you ever sent a fax containing a lease agreement, listing agreement, property informational brochure or estoppel certificate? What about a fax with a purchase order, invoice or a request for a proposal from a vendor of property-related services or goods? In the leasing world, who hasn't? At the same time, have you ever considered obtaining prior written consent from the recipient to authorize your transmission of that fax? In many, if not all, cases, the answer is likely to be "who has?" In the not-too-distant future, that answer probably will need to be changed. Read on to find out why — and whether you will be among the crowd that must obtain that prior authorization before turning on your fax machine.
Canadian MP and Senator Champion Anti-Spam Bills
December 01, 2003
Two bills aimed at establishing strict national anti-spam legislation in Canada expired when the last session of Parliament ended in November without them being enacted, but the legislators who introduced the measures vowed to reintroduce the bills in the next session of Parliament, which is expected to begin Jan. 12, 2004. The bills, as drafted, would subject people who violate the laws to hefty fines, imprisonment, or both.
Developments of Note
December 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Sales Up in 3rd Quarter
December 01, 2003
From brick-and-mortar Wal-Marts to boutique e-commerce setups, U.S. e-tail sales were strong in the third quarter, most likely driven by news of increased national productivity and a rosier outlook for the economy.
IP News
December 01, 2003
Highlights of the latest intellectual property news from around the country.
OK to Use 'Research Tool' Patents Offshore?
December 01, 2003
The U.S. Court of Appeals for the Federal Circuit has confirmed that there is no patent infringement liability under 35 U.S.C. 271(g)(1) for the offshore use of a "research tool" patent when only the information gained from such offshore use is introduced into the United States.
What They Do in Delaware
December 01, 2003
The fundamental responsibility of the board of directors of a corporation is to oversee and supervise the management of the corporation's business. All directors of a corporation, whether or not "independent," owe fiduciary obligations to the company and its stockholders. These fiduciary obligations include the duty of care and the duty of loyalty, and, within these duties, a duty of disclosure. The precise enunciation of these fiduciary obligations varies among states. The following discussion is based on the law of Delaware, in which a large proportion of public companies are incorporated.
