Technology Media and Telecom

  • Be Wary of What You Ask for: The Dangers of Improper Claim Drafting

    Some inventions are easily characterized as a pure process, machine, manufacture, or composition of matter and lend themselves to a single independent claim and a simple set of dependent claims. Many inventions, however, involve two or more of the statutory categories of subject matter, and require several independent claims, often creatively drafted, with mapped sets of dependent claims for complete coverage. Can a claim that straddles the line between the statutory categories of subject matter or that does not technically distinguish the invention from other claims be found invalid as an improperly drafted claim?

    November 28, 2006Paul A. Ragusa and Lisa Tyner

  • e-Commerce Docket Sheet

    Recent cases in e-commerce law and in the e-commerce industry.

    November 28, 2006Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • States Eyeing Online Dating Industry

    Several states recently began cracking down on the online dating industry by proposing new laws that would, among other things, mandate criminal background checks on all people looking for love on the Internet.

    November 28, 2006Tresa Baldas and Michael Lear-Olimpi

  • Economic Considerations in Law Firm Blogging

    According to studies cited by TechnoLawyer, approximately 80,000 new Web logs (blogs) launch every day, including dozens of law-related blogs (blawgs). A dedicated blogger myself (www.lawbizblog.com), I have found the experience to be a powerful form of marketing communication that continually connects me to actual and potential clients in ways I never anticipated.
    Before members of your firm enter this technological brave new world, however, they should give due weight to the economic benefits and consequences of blogging. Here are some points worth considering.

    November 28, 2006Ed Poll

  • How to Securely Exchange Large Files

    Foley & Lardner LLP is a full service national law firm that provides legal services to clients from growing companies to large multinational concerns. Much of this work involves the time-critical exchange of large documents and data with attorneys and clients both inside and outside the firm. Given the sensitive nature of these files, the challenge is how to give attorneys the ability to exchange the information in a secure way. Strategically, security is the easier part of the problem; the bigger issue is how to facilitate the exchange so that users are in control of the process instead of having to call for IT support every time the need arises.

    October 31, 2006Daniel G. Rhodes

  • Technology In Marketing: Spam and Filters

    The increasing use of filters by companies to block spam has a downside for law firms engaged in legitimate e-mail marketing ' an increased risk that their e-mails will be improperly labeled as spam and either blocked entirely or routed to users' junk (bulk mail) folders and never read.

    October 31, 2006Joshua Fruchter

  • Electronic Health Records

    While most physicians today have yet to make the leap into using electronic health records (EHR), more and more physicians are implementing EHR technology in their practices. As a result, physicians and their counsel are now confronting the various hurdles relating to e-discovery in their defense of medical malpractice claims.

    October 30, 2006Barry B. Cepelewicz and James R. Denlea

  • Net News

    Music Industry Files 8000 New Infringement Lawsuits

    October 30, 2006Samuel Fineman, Esq.

  • Internet Gambling Banned

    The House and Senate worked late into the night on Friday, Sept. 29, 2006 to finalize 'H.R. 4954: Security and Accountability For Every Port Act' or the SAFE Port Act and get it to the House floor. By early in the morning on Saturday, Sept. 30, 2006, just before adjourning for the election break, the House had passed the bill by a count of 409-2, and the Senate had agreed to the conference report by unanimous consent. Senate Majority Leader, and Presidential hopeful Bill Frist (R-TN) was the point-person for certain groups lobbying to ban Internet gambling with the addition of Title VIII to the legislation.

    October 30, 2006Sean F. Kane

  • Practice Tip: Proposed Changes to the FRCP Regarding Discovery of Electronically Stored Information

    On Dec. 1, 2006, new amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information will take effect unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments to Rules 16, 26, 33, 34, 37, and 45, which were approved by the U.S. Supreme Court on April 12, 2006, attempt to bring the discovery rules up-to-date in an Information Age where the majority of new communication and information is now created, disseminated, and stored in electronic media.

    October 30, 2006Jennifer Smith Finnegan and Aviva Wein