This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.
A person can't be sued for allegedly helping to cause an accident by texting a driver, a New Jersey judge holds in a widely watched case.
Legislation to allow online gambling in New Jersey continues to make progress, despite concerns over its constitutionality.
Google Inc. took home a defense verdict on May 23 in its smartphone fight with Oracle Corp. after a jury rejected all claims of patent infringement.
In United States v. Nosal, the U.S. Court of Appeals for the Ninth Circuit, en banc, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.
As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.
Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.
A recent trend in the human resources community is to ask prospective employees for usernames and passwords to social media sites to allow the hiring employer access to otherwise private information about an employment candidate's "online identity." e-Commerce companies, even though they are based on and operate through online activities, sometimes through social media, should carefully consider what principals and hiring parties in the firms may view as a natural inclination to examine an applicant's or an employee's social media postings and persona by demanding access to the sites.
Much virtual ink has been spilled about the complexities of applying traditional copyright law to e-commerce (and the Internet, generally). The intersection of law developed for the written word on paper, and tangible objects, and digital distribution of their modern equivalents, remains a work in progress, to say the least.
Risk mitigation requires a good understanding of where the vulnerabilities are, and one that many companies have missed is the sensitive data that likely reside in the hard drive memories of printers, copiers, and fax machines.
