Did 'Roommates.com' Nix Consumer-Generated Content?
June 26, 2008
Section 230 of the Communications Decency Act essentially gives Internet service providers immunity from liability for publishing false or defamatory material as long as that material was provided by another party. In <i>Fair Housing Council of San Fernando Valley v. Roommates.com LLC</i>, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit affirmed an earlier ruling that a commercial roommate-matching service may be liable for violations of the Fair Housing Act because of the manner in which the site elicits information from prospective roommates.
Online Pharmacy Ordered to Pay FTC $15.8 Million
June 26, 2008
Saying they 'dispensed deception,' a federal judge in Atlanta has ordered the founders and operators of a now-defunct online pharmacy business to pay the FTC $15.8 million for fraudulent claims associated with the drugs they peddled. In his order, issued June 4, U.S. District Judge Charles A. Pannell also found Dr. Terrill Mark Wright, a physician associated with the online pharmacies, liable for $15.4 million to compensate consumers for false advertising claims.
Malpractice Suit over The Source Comments Proceeds
June 26, 2008
A Manhattan federal magistrate judge ruled that a client may proceed with a legal-malpractice claim against a law firm for failing to bring defamation claims on behalf of the client in a highprofile sexual harassment and discrimination case against hip-hop magazine The Source.
Court of Appeals Affirms Owner Occupancy Rights Under Rent Stabilization
June 26, 2008
In its June 3, 2008, decision in <i>Pultz v. Economakis</i>, the New York State Court of Appeals unanimously ruled that there is no limit on the number of rent-stabilized units an owner can attempt to recover for owner occupancy. The ruling was a major victory for rent stabilized landlords, and a sharp rebuke to tenant advocates who claimed that multiple recovery for owner occupancy violated the letter and spirit of the Rent Stabilization Law. Indeed, the case continues a recent trend of favorable Court of Appeals decisions for landlords.
FTC Releases Franchise Rule Compliance Guides
June 26, 2008
Perhaps you've heard: On Jan. 23, 2007, the Federal Trade Commission adopted the comprehensively revised FTC Franchise Rule ('The Amended Rule') and released the 'Statement of Basis and Purpose' ('SBP'), which clarified the Amended Rule's requirements and prohibitions. Compliance with the Amended Rule has been optional since July 1, 2007, and became mandatory on July 1, 2008.
<i><b>Product Review</b></i> JD Supra Seeks to Revolutionize Online Content for Lawyers
June 26, 2008
As summer associates struggle to answer obscure research questions over the next couple of months, and when their predecessors start full time this fall, they may find an answer to their late-night prayers in JD Supra, a new online service that offers completely free access (with registration) to a variety of documents, including legal memoranda, briefs and unpublished court decisions.
LIBOR and Bankruptcy in the Current Market
June 26, 2008
Distressed companies and those in bankruptcy nearly always require some amount of loans to fund their recovery, exit from bankruptcy, or sale. What happens when those loans are not available, too expensive, or too risky in the eyes of the capital market? Combine that with volatility in The London Interbank Offer Rate, 'LIBOR,' the rate at which money is lent to other banks, and the terms, in particular, interest rates, that are offered to these distressed borrowers, are constantly in change.
Can Software Be a Service?
June 26, 2008
You're probably tired of hearing the phrase 'think outside the box,' but that's an accurate characterization of 'software-as-a-service' ('SaaS'). The 'box' is the computer that sits on your desk; and SaaS is an innovative way to deliver software applications to that computer over the Internet.
Deal Season 2008: Outlook for Transaction Support Services
June 26, 2008
Many global firms that provide transaction support services for law firms are exceedingly worried about the 2008 deal season. But is the anecdotal evidence of a drying pipeline true? A quick look at the data suggests that law and accounting firms are right to be worried about a decreased deal flow, with only a few highlights in sight.
Implementing an Alternative Billing Program
June 26, 2008
Corporate counsel are exercising increased bargaining power about fees and terms of employment of outside law firms. Law firms can no longer ignore the competition of the marketplace when establishing billing rates and fees. Several variations and combinations of three basic billing systems, hourly billing, fixed fee billing and contingent fee billing, follow.
