Features
New Net-Use Tracking Tactics Capture Privacy Claims
The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.
Features
Small Impact on Practice Predicted from White House IP Recommendations
When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.
Features
Fourth Quarter e-Commerce: Lookin' Good!
Fourth-quarter 2010 estimated U.S. retailing rose 3.6% over the third quarter, the Census Bureau reports, as consumer confidence rose through the Christmas season on a wave of slightly rising employment.
Features
Evolving Online Advertising Techniques
The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.
Features
Reviving the Not'Quite Dead
Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?
Features
<i><b>Product Review</i></b> Is There Really Such a Thing As Social Practice Management?
Law practice management, meet legal productivity, or, as the San Diego developers have dubbed it: social practice management. Welcome to MyCase.
Features
NY Long-Arm Statute Permits Copyright Suit, Judges Say
New York's long-arm statute permits a Manhattan-based publisher to sue an out-of-state online corporation for copyright infringement, the state Court of Appeals ruled on March 24.
Features
NY Long-Arm Statute Permits Copyright Suit, Judges Say
New York's long-arm statute permits a Manhattan-based publisher to sue an out-of-state online corporation for copyright infringement, the state Court of Appeals ruled on March 24.
Features
Tactics for Seizing Rogue Web Sites
In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.
Features
<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image
Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.
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- 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 ›
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- 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 ›