Features
FTC Warns Companies of Children's Privacy Violations
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Features
Online Extra: Juror's Online Research Forces New Trial
Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.
Features
Financing the Cloud
One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
Features
Online Retailers Lose Challenge to New York's Internet Tax
In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.
Features
e-Discovery 3.0: Preparing for a New Era of Forensic Collections
When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.
Features
The War on Cybercrime Heats Up
Cybercrime is neither rare nor isolated these days. You no longer need to be a major bank, retailer, credit card company, social media site or government to become a target. Every company with an online presence, or even a connection to the Internet, has become fair game.
Features
DMCA 'Safe Harbor' Consensus Among Circuits Evolves
The Ninth Circuit recently issued an important ruling in <i>UMG Recordings, Inc. v. Veoh Networks, Inc.</i> relating to DMCA 'safe harbor' protection .
Features
Using an Online Deadline Management System To Reduce Risk
Managing deadlines is a critical part of every law practice. Missed deadlines are frequently one of the most common reasons lawyers get sued or their clients file grievances.
Features
Changes in the Legal Tech Market As Viewed Through Recent M&A Activity
Over the past few years, especially since the onset of the 'Great Recession' and even now during what appears to be an economic recovery, there has been increased talk about meaningful changes to the legal market. While there are a number of ways to analyze these changes, one interesting approach is to look at acquisition and private investment activity in the legal market over that same time period.
Features
TV Broadcasters Petition for <i>En Banc</i> Review of <i>Aereo</i> Ruling
Major New York broadcasters eager to shut down streaming television service Aereo have petitioned the Second Circuit Court of Appeals for an <i>en banc</i> review of a ruling that upheld a lower court decision denying an injunction against the broadcasting startup.
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- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›