Features
Where Is the Data?
If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.
Features
Judge Distinguishes Subpoenas over BitTorrent Sharing
Not all file-sharing websites are created equal, according to U.S. District Court Judge Beryl A. Howell of the U.S District Court for the District of Washington.
Features
Aggressive Copyright Positions by Lady Gaga, Burning Man Festival
What's at issue is control, obviously, and the great lengths to which some will go to maintain it, even as they benefit from the wide-open, free-flowing viral information torrent of the Internet.
Features
Social Media and Negotiating Celebrity Endorser Morals Clauses
One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.
Features
Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules
For lawyers struggling to cut costs and boost efficiency, Internet-based data storage and client service has been a popular alternative. But those who have their heads in the clouds when it comes to client confidentiality concerns may get a wake-up call by the American Bar Association.
Features
Software Developer's Suit Against ConnectU May Go Forward
A Massachusetts state court judge has ruled that a Boston software developer's case against defunct social media site ConnectU Inc. and its founders and key shareholders, including the Winklevoss twins, can move forward. Also, the Winklevosses' have taken their bid to undo their Facebook settlement to the Supreme Court.
Features
Taxing Online Sales
Illinois Governor Patrick Quinn signed the "Main Street Fairness Act" into law, making Illinois one of a growing number of states seeking to collect sales tax revenues from a retail market traditionally beyond their reach ' the world of online commerce ' by focusing on the role of local online marketing affiliates.
Features
e-Commerce, Total Spending, Rise Again
Economic data often seems like the weather ' fickle and hard to predict, or rely on. But raw revenue data doesn't lie, and according to U.S. Census Bureau, overall preliminary estimated retail spending and e-commerce sales in the first quarter of this year reached record high.
Features
Nuisance Law Can Squelch Web Obscenity
Myriad Internet-related violations of criminal and civil statutes are not prosecuted because their novelty requires the moving party to exert excessive effort. The truth is that when cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful. Rather than pursuing traditional criminal or civil action, each of which would be based on a specific act, the use of nuisance-law injunctions may be a better alternative in responding to Internet bad acts, because such injunctions are based on generally objectionable behavior.
Features
<b><i>Case Study:</i></b> Taking on the Cloud As a Solo Practitioner
When the decision to purchase traditional practice management software or subscribe to a Software-as-a-Service ("SaaS") provider arose this past January, I didn't have time to become mired in a rigmarole of sales calls and consultants. I simply wanted direct access to a product that would increase my productivity, file sharing and practice cohesiveness. I also wanted something that fit into my hardware preference for Mac products.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›