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Advertising, Marketing And Promotions 2004 Year In Review: Don't Cross The Line In 2005
Davis & Gilbert LLP
By all accounts, 2004 was a star-studded year in the world of advertising, marketing and promotions. Janet Jackson, Steve Garvey, Arnold Schwarzenegger, Eliot Spitzer and a bevy of milk mustache wearing celebrities made a significant impact on the industry. While it remains unclear what the stars hold for 2005, here we re-cap some of the major moments of 2004 and consult the astrological charts in an attempt to predict what's in store for 2005.
Advertising, Marketing And Promotions 2004 Year In Review: Don't Cross The Line In 2005
Joseph J. Lewczak and Michael S. Abitbol 1 of Davis & Gilbert LLP
By all accounts, 2004 was a star-studded year in the world of advertising, marketing and promotions. Janet Jackson, Steve Garvey, Arnold Schwarzenegger, Eliot Spitzer and a bevy of milk mustache wearing celebrities made a significant impact on the industry. While it remains unclear what the stars hold for 2005, here we re-cap some of the major moments of 2004 and consult the astrological charts in an attempt to predict what's in store for 2005.
Advertiser Responsibility for Third Party Statements: Beware of Bulletin Boards and Links on the Internet
Stuart Lee Friedel and Mary M. Luria of Davis & Gilbert LLP
The Internet presents novel issues with respect to advertiser responsibility for third party claims made via bulletin boards, chat rooms, web sites connected by links or frames and other interactive multimedia applications made available on the advertiser site, issues that are not applicable to "static" media such as print and broadcast. Advertisers are under similar obligations with respect to the information they provide to consumers in traditional media and on their web sites.
Doing Business in Cyberspace -- Protecting Your Company Name
David J. Sorin of Buchanan Ingersoll & Rooney PC
The name of a company can be a valuable asset. Protecting that asset is serious business. Assume you have establi.
Piecing Together the Encryption Puzzle
Paul, Hastings, Janofsky & Walker LLP
No one issue currently galvanizes the Internet community quite so much as the Administration's encryptio.
Effects of the CAN-SPAM Act on E-Mail Marketing
Rauer L. Meyer and Heather Stewart 1 of Thelen LLP
A common marketing technique today is for businesses to send unsolicited e-mail messages to a targeted group of recipients. Even when e-mail advertisements notify recipients that they may "opt out" of receiving future e-mails, such e-mail campaigns may be significantly impacted by a new federal law known as the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003," or the "CAN-SPAM Act."
U.S. and Japan Reach Electronic Commerce Agreement
Paul, Hastings, Janofsky & Walker LLP
Prime Minister Hashimoto and President Clinton reached an agreement at the G-8 Summit that electronic communic.
Mediation Today
Harold B. Gold 1
On-going Consultation Perhaps it has been your experience that you have one mediation session, and you do not .
USG's Legal Team Maximizes Efficiencies With Extranet
Tom Pfeifer 1
The USG corporate counsel department has, at times, had to track as many as 100,000 court cases nationwide. USG needed an efficient way to monitor developments in those cases and share information with co-counsel around the country. They deployed the extranet, West WorkSpace.
E-Commerce & Ontario Real Estate Practice
Michael M Sax of Michael M. Sax
A brief consideration of e-commerce as it relates to Real Estate Practice in Ontario.
E-Business: Navigating The Internet Patent Minefield
John X. Garred of Arter & Hadden LLP
Seeks to provide a map of various patent issues relating to Internet technology.
Corporate Disclosure and the Internet
John J. Purcell III 1 of Glasser Legal Works
Analyzes the impact of the Internet on corporate disclosure requirements.
Bulletin, Bulletin, Bulletin--Chicago's Daley Re-elected
Stephen H. Cypen of Cypen & Cypen
Meanwhile, in a seemingly-unrelated story, on February 23 Chicago Mayor Richard M. Daley was re-elected. So? Well.
Internet Legal Issues: WWW Privacy Policy Part I
Lloyd L. Rich of The Law Office of Lloyd L. Rich
Part one of this two-part series considers the need for and steps toward preparing a privacy policy for your web-based business.
Texas Market Assistance Program: Road "MAP" for Success?
Kimberly A. Yelkin, Esq. 1 and Jonna Kay Hogeland 2
This article discusses the Texas Market Assistance Program which is a program operated by the Texas Department of Insurance to attempt to match residential property insurance applicants with an insurer willing to write the coverage by means of a computer bulletin board.
The Year 2000 Problem: Finally Some Good News
Pillsbury Winthrop Shaw Pittman LLP
On October 19, 1998, the President signed into law the Year 2000 Information and Readiness Disclosure Act, S.2392 .
Another of Modern Life's Complications: Selecting and Protecting an Internet Address
Pillsbury Winthrop Shaw Pittman LLP
As the advertising, sales, and communications advantages of the Internet continue to grow, on-line services will be.
Internet Service Providers Are Liable Under Foreign Privacy Law
Barbara R. Shufro of Pillsbury Winthrop Shaw Pittman LLP
Is privacy a basis for Internet Service Provider (ISP) liability, even when the offending material is posted with.
Internet Fraud: How to Avoid Internet Investment Scams

Tips from the Securities and Exchange Commission on how to avoid Internet investment scams.
FTC Imposes Largest COPPA Civil Penalties to Date: Children's Online Privacy a Growing Concern
Mary J. Hildebrand and Jacqueline Klosek of Goodwin Procter LLP
Since the Children's Online Privacy Protection Act (COPPA) entered into force, the Federal Trade Commission has commenced a number of enforcement actions against entities for collecting and/or using personal data from children in a manner that violates the requirements of COPPA. Recently, the FTC imposed the largest COPPA civil penalties to date, fining Mrs. Fields Cookies $100,000 and Hershey Foods $85,000.
TZBZU Briefs
Tony J. Tuntasit of Tew & Associates
Web Site: We are pleased to announce that we will be launching our new web site within the next couple of weeks.
Data Life Cycle Management
George L. Paul and Robert F. Copple 1 of Lewis and Roca LLP
Electronic information management is now a primary business and legal concern. Sarbanes Oxley, information security, expanded electronic discovery demands, and new penalties for spoliation of evidence have made "document retention" an issue of urgency for general counsel.
Web Site Story 5--The Emerging Limits To Out-of-State Jurisdiction Over Web Sites
Moses & Singer LLP
A dramatic change in Internet law was announced by the Ninth Circuit in December. The Court ruled, for th.
Web Site Story--A Legal Primer For Web Site Owners And Designers
David Rabinowitz of Moses & Singer LLP
Now that it has become de rigueur to have a web site on the Internet, it is time to reconsider what wrink.
Telecommunications
Lorne Salzman 1 and Brodie Swartz 2 of McCarthy Tetrault
For years, computer users have used their Internet service to implement a type of voice telephone service. Typically, it was a poor substitute for traditional voice telephone service. The quality of voice over internet protocol, or VoIP, calls was unreliable, making the connection between callers cumbersome. As a result, the primary application of VoIP was as a niche service for those seeking a substitute for expensive overseas calling.
Privacy Issues in a Hi-Tech Workplace
Connelly, Roberts & McGivney LLC
In today's workplace, computers and electronic communications are the norm rather than the exception. Computers, .
COBRA and HIPAA Guidance
Bodman LLP
The Internal Revenue Service has issued Notice 98-12 (2/2/98), which provides a model explanation of the health car.
New California Marketing Laws and How They May Impact Your Business
Justine Young Gottshall of Wildman, Harrold, Allen & Dixon LLP
Two California laws are scheduled to take effect in the coming months, one on July 1, 2004 and one on January 1, 2005, that may significantly impact your business, even if your business is not based in California. These laws govern marketing activity and the collection of information from California residents.
E-Mail Fraud And The "Dirty Dozen"
Michael M Sax of Michael M. Sax
Avoid scams! Mr. Sax sets forth the twelve bulk email scams, as identified by the FTC, most likely to plague large and small businesses.
Avoiding Sexual Harassment
Dickinson Wright PLLC
The number of sexual harassment charges filed with the Equal Employment Opportunity Commission increased from 6,883.
China's Regulation of the Internet and Related Legal Issues
Xiaohu Ma and Jun Deng of Morrison & Foerster LLP
This article addresses China's tight regulatory control over the Internet sector and some of the legal issues foreign investors will face if they invest in China's Internet businesses.
Electronic Privacy In Employment
Fraser A. McAlpine and Michael Droke of Littler Mendelson, P.C.
This article discusses electronic privacy issues in the workplace.
Toward an Asian Venture Capital Model
Jonathan H. Lemberg and Mark C. Paist of Morrison & Foerster LLP
This article discusses venture capital investing in Asia and whether Asia investors will adopt the Silicon Valley venture capital investing business model.
World Bank Group and Softbank to Invest in Internet Enterprises for the Developing World
Morrison & Foerster LLP
This article summarizes how Softbank, a Japan based company, and IFC, part of the World Bank Group, will invest $200 million to found Softbank Emerging Markets.
FTC Seeks To Expand Scope of Telemarketing Sales Rule
Arent Fox LLP
This alert reviews the FTC's notice of intention to review its Telemarketing Sales Rule of 1995.
What's Law Got To Do With It--February 2000 Feature
John Muller 1 of Brobeck Phleger & Harrison LLP
This article lists the useful website resources a financial service attorney can benefit from in their practice.
New Developments in State Statutes Governing Unsolicited Commercial
Arent Fox LLP
This article reviews a California and Colorado statute attempting to regulate unsolicited commercial email.
Can Sending an E-mail Be Considered "Concerted Activity" Protected by Federal Labor Law?
Duff, White & Turner, LLC
The National Labor Relations Board answered "yes" to this question in Timekeeping Systems, Inc., a recent decision.
Typical Contract Clauses in Web Site Agreements
Dennis S. Deutsch of Ferrara, Turitz, Harraka & Goldberg, P.C.
When confronted with the awesome inquiry from your latest client. "Can you give me a 'simple' agreement for me.
An Introduction to the .com Phenomenon
Warren E. Agin of Swiggart & Agin, LLC
The late 1990's were generally an unhappy time for bankruptcy attorneys. A strong economy and expanding financial markets greatly reduced the number of business bankruptcies filed. Chapter 11 business bankruptcy filings dropped from 13,379 cases in the year ending September 1994 to 7,953 cases during the year ending June 1999. This change coincides with an incredible expansion of the information technology (IT) industry, resulting, in large part, from the Internet's integration into U.S. society and business.
Employees On the Internet
Tydings & Rosenberg LLP
Employers allow employees access to the Internet to get cost-effective access to information and open up new busine.
Ten Things Think About When I Surf the 'Net
Lindsay McCall 1 of Glasser Legal Works
A review of ten security issues to consider before connecting to or using the Internet
Employment Issues in Communications Technology
John J. Michels and Rodney A. Satterwhite of McGuireWoods LLP
This article discusses the impact of the communications and high-tech industry on typical employee hiring issues.
Employment Relations Alert: March 2004, Issue 14.
Ely A. Leichtling and Pamela M. Ploor of Quarles & Brady LLP
On March 4, 2004, the Office of Federal Contract Compliance Programs (OFCCP) and other federal agencies issued long overdue proposed guidance on the definition of who is an applicant, including when a person applies for a job via the Internet. The definition of applicant is particularly important to federal government contractors because they must track the race and sex of applicants and analyze whether hiring practices, policies or procedures have a "disparate impact" on minority and women applicants.
Regulatory Developments Effecting the U.S. Investment Management Industry
Bruce G. Leto of Stradley Ronon Stevens & Young, LLP
As the U.S. investment management industry continued to experience phenomenal growth over the past year, there were.
Common Types of Brain Injuries

The most protected and most important organ in the body, the brain serves as our body’s life center, so injury to the brain can have severe disabling and permanent consequences.
Top Ten (Not) Free Lunches
FindLaw M V
Here's a list of ten free 'marketing opportunities' that you might encounter that merit a closer look before going forward.
FindLaw Interview with Aaron Kirk Douglas of Miller Nash
Jillion Weisberg of FindLaw M V
FindLaw interview with Aaron Kirk Douglas of Miller Nash.
First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees
Littler Mendelson, P.C.
Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail.
DOOCES WILD: How Employers Can Survive the New Technological Poker Game of Employee Blogging
Christopher E. Cobey and Philip L. Gordon of Littler Mendelson, P.C.
Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging".
California Consumer Protection Laws Extend to Internet Vendors
Cooley Godward Kronish LLP
This alert details the application of consumer protection law to the world of internet commerce.
Is The Internet Putting Your Corporate Identity At Risk?
Douglas R. Wolf
With the Internet opening so many doors to the expanding global economy, your corporate identity may be more vulnerable than ever before. But every country has different laws, and to the extent that the theories behind the laws overlap, they are applied differently. Whether you are trying to obtain a trademark registration in Japan or fighting for common law rights in the US, there are several basic strategies that should be undertaken to keep your portfolio or trademarks, including domain names, strong.
Planting the Seeds of Change in Florida
Ronald R. Urbach of Davis & Gilbert LLP
Since taking over game promotion duties, the Florida Department of Agriculture and Consumer Services has taken an extremely aggressive posture with respect to the enforcement of the Florida Games of Chance Statute ÃÂ§ 849.094, which sets forth registration, bonding, advertising and fulfillment requirements for game promotions conducted within the state.
E-Discovery: Cutting to the Paper-less Chase: What to Do Upon Notice of Claim
Timothy K. McNamara of Lathrop Gage
The age of electronic discovery is here to stay. In today's business world, 90% of all information is in digital form. If you are faced with having to respond to a subpoena or have notice of a potential claim, consider the following to help guide (and protect) you through the process.
Why Websites Need Legal Review: Consider Impact of Securities Laws When Choosing Content for Web Pages
Buchanan Ingersoll & Rooney PC
Technology companies were among the first to identify the potential of the World Wide Web to communicate informatio.
Beware the Digital Dos and Don'ts
Blaine Kimrey
Now that your company has been sued, what are you going to do? Notify your defense insurance liability carrier? Call your attorney? Shift your company's assets to Swiss bank accounts? Skip the country?
E-Commerce Privacy, the Ever-Evolving Issues
Joseph L. Johnson of Lathrop Gage
Until recently business owners have had limited reason to consider an individual's right of e-commerce and Internet-use privacy. But now privacy issues are rapidly moving to the forefront of e-commerce policy and Internet-use considerations because of the proliferation of electronic business transactions.
FTC Begins Survey of Commercial Websites to Determine Industry's Implementation of Consumer Privacy Policies
Paul, Hastings, Janofsky & Walker LLP
The U.S. Federal Trade Commission ("FTC") announced last month that it will begin conducting a review of 1,200 comm.
Why Shoplifting in New Jersey Could Cost You More Than You Think
Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff Attorneys at Law
Although the penalties for shoplifting vary from state to state, New Jersey's statutes add an interesting wrinkle.
How To Request a Summary of Your Earnings and a Personalized Estimate of Your Social Security Benefits
Social Security Administration
This publication explains how to request a summary of your earnings for the purpose of estimating future social security benefits.
Auto-By-Tel Corporation -- Using the Internet to do Business a New Way
Paul, Hastings, Janofsky & Walker LLP
Paul, Hastings recently sat down with Mark Lorimer, Auto-By-Tel's executive vice president and chief operating offi.
The Communications Decency Act: A Primer for Employers
John Griffith Johnson
Internet Use vs. Abuse Employers who provide Internet access to their employees would be .
Securities Disclosure Implications on the Net and Other Electronic Media
Paul, Hastings, Janofsky & Walker LLP
The Internet offers several important opportunities to enhance the capital formation process by (i) redu.
Net Based Opportunities: Some are Flop-portunities

Brochure from the Federal Trade Commission alerting consumers on the various ways that scam artists are selling fraudulent Internet-related business opportunities.
Federal Recordkeeping Requirements: Who Is A "Job Applicant"?
Lisa A. Royee of Thompson, Coe, Cousins & Irons, LLP
For decades employers with federal contracts and resulting affirmative action obligations and reporting requirements have been required to monitor their hiring practices to prevent discrimination against minority applicants. To fulfill this obligation, covered employers are required to track the race, gender and ethnicity of each applicant. Thus, the question of "who is a job applicant" has caused much confusion among employers and counsel for decades.
Speed Bumps On The Information Super Highway

In many ways, the Internet is a consumer's paradise. Can't find that certain computer gadget in town? Pop over to.
What a Tangled Web We Weave
Karen E. Wilson of Faegre & Benson LLP
This article reminds corporations of the liability that arises under the securities law for disclosure statements made on a company's web site. Many companies are not as careful in their review procedures to ensure the accuracy of disclosures made via the electronic medium.
Internet Infrastructure Issues: Regulation and Un-Regulation of The "Pipes" That Provide The Internet
Christopher Wolf of Proskauer Rose LLP
This article examines developments in the regulation of Internet access services.
The Internet Guide To Bankruptcy Law
Melanie Putnam 1 of Glasser Legal Works
Provides an excellent overview of how to locate bankruptcy resources on the Internet.
Do You Need An E-Mail And Computer Policy?
Saul Ewing LLP
The information superhighway has created avenues to enhance workplace efficiency. Over the past decade, cell phone.
Investment Management Update
Jim Austin 1 of Pepper Hamilton LLP
This article discusses some of the key points of the release relating to electronic delivery of information and an issuer's liability for Web site content.
Idaho Passes New Spam Statute That Becomes Effective July 1, 2000

This article summarizes the new Idaho spam statute which went into effect on July 1, 2000.
SEC Suggests Review Of Internet Accounting Issues, Including Ad Barter Deals

The staff of the Securities and Exchange Commission has proposed to a rule-making panel of the Financial Accountin.
Maryland Courts Establish New Business and Technology Case Management Program
Ralph A. Taylor and Matthew Wright 1 of Dorsey & Whitney LLP
Maryland Rule 16-205 established the Maryland Business and Technology Case Management Program to enable each Maryland circuit court to handle business and technology matters in a coordinated, efficient, and responsive manner. Maryland, which is home to a large concentration of biotech and aerospace companies, hopes the new program will increase the State's reputation as a premier forum for the effective resolution of complex technology disputes.
Free Stock Offerings On The Internet: Illegal "More Often Than Not"
Cadwalader, Wickersham & Taft LLP
Free stock offerings on the Internet are "illegal more often than not" because they represent the unregistered sale.
Issue Four (Fall '99)
Barry S. Silver of Barry S. Silver, P.C.
Dear Clients and Friends, As I write this, the trees outside my office window are changing from green to gold.
Ten Tips For Workplace Success
Phillip J. Trobaugh of Mansfield, Tanick and Cohen, P.A.
Employers and Employees need to work together in order to be efficient and productive.
Putting a period to a dot com*
Cathleen Cooper Moran of Moran Law Group
What can you/should you do when it becomes obvious that your start up should wind down? For the entrepreneur, winding down an insolvent company is a challenge: honor the legal rights of creditors while minimizing the damage to the founders and employees
Thelen Reid Report No. 386: California Enacts Two "Anti-Spam" Bills Targeting Unsolicited Email
Thelen LLP
This article provides an overview of two recently enacted California laws that seek to control and regulate "spamming" over the internet email systems.
State Legislation and Administrative Law
Kent C. Olson
Federal law affects more people than the law of any one state, but it is state laws that determine most of the basic rules of society. State law governs such matters as contracts, criminal law, family law, landlord-tenant relations, wills, and intestate succession. The U.S. Constitution limits the powers of the federal government, in theory at least, and those powers not expressly delegated to the United States are reserved to the states under the Tenth Amendment. In practice, the scope of federal power is a hotly contested issue among politicians and in the courts.
State Courts
Kent C. Olson
Just as the federal courts interpret federal statutes and decide matters of federal common law, the state courts are the arbiters of issues of state law. They interpret the state's constitution and statutes, and have broad powers in developing common law doctrines through judicial decisions.
The Licensing Regime Under German Telecommunications Law: Implementation and Interpretation
Karl Pilny of Coudert Brothers LLP
The liberalization of the European telecommunications markets, on the one hand has lead to the creation of numerou.
Litigation — Intellectual Property
Albert Chang 1 and Kevin Sartorio 2 of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada 's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act.
Privacy Limits on Collecting Personal Information via the Internet
Cooley Godward Kronish LLP
This Alert sets forth a general overview of privacy law relating to the collection of personal data over the Internet under United States, European Union (EU), and Japanese law.
FCC Adopts Important DSL Line-Sharing Order
Thomas K. Crowe of Law Offices of Thomas K. Crowe, P.C.
Recently, the Federal Communications Commission adopted its Advanced Services Third Report and Order, which require.
FTC Reverses Course, Recommends Comprehensive Privacy Legislation; Senate Committee Expresses Interest
Arent Fox LLP
This article reviews a Senate Committee hearing where the committee reviewed an FTC report criticizing industry self-regulation efforts and calling for new legislation. The Senate Committee expressed interested in the report and showed a willingness to address the issue through legislation.
Arent Fox Alert--FTC REVIEW: June 1999
Lewis Rose,John Feldman 0,Margo Fowler 1,D. Reed Freeman 2 and Christie Grymes 3 of Arent Fox LLP
Each month, Arent Fox's advertising lawyers prepare this summary of major law enforcement actions announced by the U.S. FTC ("FTC") during the previous month. The summary highlights FTC advertising actions against well-known corporations engaged in national advertising, law enforcement "sweeps," and civil penalty actions.
Minimize Securities Litigation Risks--Guidelines For Designing Your Web Site
Meredith Landy 1 of Brobeck Phleger & Harrison LLP
This report discusses how to minimize the securities litigation risks attending firm-specific web sites.
Legal Issues for Internet Start-up Ventures
Nigel Howard 1 of Brobeck Phleger & Harrison LLP
This article discusses the traditional issues faced by fledgling companies and the new twists in today's economy.
High Tech Abuses: Avoiding Liability Related To Employee Misuse of e-mail, The Internet and Other Communication Systems
Mary C. Dollarhide 1 of Paul, Hastings, Janofsky & Walker LLP
Fact: According to a recent study by Carnegie Mellon University, 83.5 percent of all images on the Internet a.
Use of Electronic Media in Retirement Plan Administration
Steven M. Margolis of Weil, Gotshal & Manges LLP
This article reviews recent IRS final regulations relating to the use of electronic media in retirement plan administration.
Defining an "Applicant" in the High Tech World: Emploment Law Alert, March 2004
Leslie P. Arrington of Nixon Peabody LLP
This alert discusses the guidance provided by the Uniform Guidelines on Employee Selection Procedures. By adopting a few simple procedures and ensuring that human resources staff handling the recruitment and selection process are well trained, employers will be able to use the advantages of technology for recruiting and hiring while still adhering to UGESP requirements.
Securities Law Alert: April 16, 2004
Nixon Peabody LLP
A new rule, Rule 13(k)-1, is intended to make the treatment of foreign banks equivalent to domestic banks under Section 13(k). Also, the SEC recently voted to publish for comment proposed rule and form amendments relating to public shell companies.
Report for Marketers from ABA Techshow 2000
Laurence Bodine
This article reviews additional ways a law firm can use their website beyond marketing to new clients.
Securities and Exchange Commission Division of Enforcement Complaint Center
U.S. Securities and Exchange Commission
Publication from the Securities and Exchange Commission (SEC) which explains how to contact the SEC and other agencies about fraud.
Protecting Your Intellectual Property Online
MarkMonitor 1
Download your Complimentary Legal Kit: Protecting Your Intellectual Property Online to learn about the latest trends and defensive best practices to combat online threats to your intellectual property. This great collection includes educational white papers, on-demand webinars and fact sheets to guide your organization’s online trademark protection strategies – establishing, monitoring and enforcing your intellectual property rights.
Technology Commentaries: California's New Aggressive Anti-Spam Law -- A Trap for Corporate Marketing Departments?
James F. Brelsford of Jones Day
California adopted one of the nationÂ’s most aggressive anti-spam laws in the fall of 2003. Although intended to halt the proliferation of spam, the broad sweep of the legislation will add increased operational burdens to the direct marketing efforts of legitimate companies and advertisers.
Ex-Employee Is Liable For "Spamming".
Brown Schwartz & Patterson
A California Superior Court judge granted Intel Corporation summary judgment in its trespass lawsuit against a form.
An Electronic Voyage of Discovery
Natalie Hanlon-Leh
This article outlines tips on how best to make use of electronic discovery when in litigation; and second, developing a plan to better manage electronic records on an ongoing basis to reduce expense and exposure.
GFOA Publishes Government Employers Guide
Stephen H. Cypen of Cypen & Cypen
The Government Finance Officers Association has published a revised edition of Taxation of Employee Fringe Benefits.
Spoliation of E-Mail Evidence: Proposed Intranet Policies and a Framework for Analysis
Ian C. Ballon of Glasser Legal Works
Discusses how electronic discovery potentially imposes substantial burdens on large organizations and explains how companies run the risk of serious sanctions for failure to observe discovery rules.
Internet Legal Issues: Framing
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This accessible article describes "framing" and the legal issues surrounding the practice. A must-read for those building their own web site.
Internet Legal Issues: Linking
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the legal pitfalls which may arise when Web site operators include links to other sites on their own sites.
Private Label and Co-Branding Deals: New Deal-Making Paradigms on the Internet
Eric Goldman 1
This article concerns the relationships between branders and providers in creating co-branding deals on the internet.
Time Sensitive Year 2000 Information and Readiness Disclosure Act Requirements

This alert details the intent of the Year 2000 Information and Readiness Disclosure Act to promote and encourage the disclosure and exchange of information relating to the Year 2000 readiness of companies and governmental entities.
Drafting a Privacy Policy? Beware!â€¦
Eric Goldman 1 of Cooley Godward Kronish LLP
This article discusses the implementation and surrounding issues of a privacy policy for online companies.
Cybermarks and Competitive Practices Over the Internet

Rapid internet development has not only complicated traditional rules of commerce and fair competitive practices, .
California Enacts Country's Toughest SPAM Legislation
Joseph J. Lewczak and Alison DeGregorio
On September 23, 2003, the governor of California signed California Bill ALS 487, enacting what is now the toughest anti-spam legislation in the United States. The new law, to be codified as Section 17529 of the Business and Professions Code, contains provisions that are much more restrictive than California's current law or any other law currently in force in other states. The law takes effect January 1, 2004.
Taking a Byte Out of Electronic Recruiting: Applying Old Rules To New Technology
Steven Mark Berlin of Buchanan Ingersoll & Rooney PC
Like so much else these days, the Internet and other technology-based tools are revolutionizing the way employees a.
Have Website, Must Travel (To Court)
Diviacchi Law Office
The ease with which an online business can deal with customers in other states has a downside.
Beware of Cyber-libel: If you wouldn't say it in a newspaper, don't 'say' it on the net
Buchanan Ingersoll & Rooney PC
The number of persons accessing the Internet is increasing at a tremendous rate. As Internet usage expands, so do .
Consider Impact Of Securities Laws When Designing Web Pages
Buchanan Ingersoll & Rooney PC
Technology companies were among the first to identify the potential of the World Wide Web to communicate informati.
Badmouthing on the 'Net
Frank B. Harrington of Buchanan Ingersoll & Rooney PC
Continued popularity of the Internet has led to "side effects" such as increased use of the web for unlawful and a.
Current Legal Issues Facing Businesses on the Internet: Legal Risks and How They Can Be Avoided
Thelen LLP
This article is intended to alert businesses to some of those legal risks that arise from the internet and how they can be avoided through timely legal counseling.
Financial Services Report--Spring 1998
Jonathan Wilson 1,Patrick Gallagher 2 and Shelly Darby 3 of Paul, Hastings, Janofsky & Walker LLP
This Report discusses protection for lenders under California's environmental laws; FTC plans to audit bank web sites; and pitfalls for the unwary under California Code of Civil Procedure Section 580b.
How To Answer When the Government Comes Knocking
Day Pitney LLP
Corporations are finding themselves the recipients of subpoenas issued by state or federal government investigators.
Internet Meta Tags Can Infringe Trademarks
Cook & Franke S.C.
As the use of Internet web sites increases through E-commerce, web site builders and owners need to be aware that .
How's Your Spam Today?
Richard A. Kempf of Maslon Edelman Borman & Brand, LLP
The Can Spam Act was the first nationwide attempt to control the assault of unsolicited bulk email on businesses and consumers. As users of email know, the issue isn't merely one of inconvenience - it's a matter of lost productivity, time and money.
Standards for Internet Jurisdiction
Christopher Wolf of Proskauer Rose LLP
The Internet is an interstate and international medium. But does operating a Web Site mean that the operator is subject to personal jurisdiction in courts wherever the Site is accessible? The answer obviously is no. This outline describes the types of activity that likely will permit a court to exercise personal jurisdiction over an Internet actor, consistent with the due process clause of the United States Constitution.
Insurance and High Technology: CyberInsurance: Consistency In Claims And Coverage Resolution
Nicholas A. Pasciullo of White and Williams LLP
When it comes to computers, invulnerability and complete reliability are outmoded terms in an increasingly networked world. Most insureds will lose the functionality of your computer network several times during a specific term of insurance coverage.
Technology, E-Commerce, and Banking: Business Implications of the USA Patriot Act
Estella S. Gold of White and Williams LLP
What price will business pay in the new fight against terrorism? Change has come to the world of technology, e-commerce and banking. On October 26, 2001, President George W. Bush signed into law the "United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" - known as the "USA Patriot Act."
Technical, Business and Legal Issues in Establishing a Secure Environment for Electronic Communication and Commerce
Theodore C. Ling of Baker & McKenzie LLP
This article will discuss some of the most prominent business, technical and legal issues which must be addressed and introduces the role that public key cryptography will likely play in creating a secure environment in which to conduct business.
Employers Potentially Liable for Harassing Postings on Electronic Bulletin Boards Exposure
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
The dot.com world and the traditional office collided head-on in New Jersey and when the e-smoke cleared, an employer found itself potentially liable for cyberspace harassment.
Big Brother Employer May Be Watching: Monitoring Employees' Online Communications In The Workplace
Morrison & Foerster LLP
E-mail and Internet use are integral parts of the typical worker's daily routine. Because of its speed and overall convenience, e-mail has replaced the interoffice memorandum as the preferred method of communication. Employee access to the Internet also is important as a means of conducting job-related research and transactions.
Legal Deadline Looms for Web Sites Collecting Data From Children
Steven D. Zansberg of Faegre & Benson LLP
This alert explains that on April 21,2000, websites that collect information from children, will have to comply with the new, stringent FTC regulations. Additionally, this alert summarizes the components of the new regulations and who must comply.
Taking the Long View on IPO's: Getting there and beyond
Steven L. Toronto,Charles C. Comey and Paul W. Boltz of Morrison & Foerster LLP
The last several months have seen a dramatic turn-around in the market for initial public offerings in the U.S. by Chinese companies. Companies such Linktone Ltd., which Morrison & Foerster LLP represented in its global IPO and continues to represent in ongoing compliance and corporate work, have recently raised significant money on Nasdaq or the New York Stock Exchange and received significant press coverage worldwide.
Reading the Radar: What is Happening with the Insurance Industry and Financial Service Providers

More and more life insurers now recognize that banks possess powerful advantages including .
Insurance Company Ordered to Give A Computer System To A Homebound Latex Victim
Jon L. Gelman of Law Office of Jon L. Gelman
A Nebraska Workers' Compensation Court has ordered that a personal computer system be furnished to a homebound former health care worker suffering from latex sensitivity.
Ten Ways Internet Marketing Haw Changed Since the 1990s
David Rodnitzky 2 of FindLaw M V
There was a time when "Internet marketing" meant having a Web site that your IT guy developed on some long weekend, with directions to your office and sparse profiles of your attorneys. These days, Internet marketing means a lot more. Web design, advertising, extranets, public relations, search engine optimizationÃâonline marketing requires careful planning and execution.
FDA Alert--February 1999
Akin Gump Strauss Hauer & Feld LLP
On December 28 the White House became the latest governmental entity to address the issue of whether on-line pharmacies should be regulated, proposing an initiative that would subject pharmacies selling drug products over the Internet to regulation by the Food and Drug Administration (FDA).
CFTC Approves Actions To Advance Regulatory Reform
Rosenman & Colin LLP
The Commodity Futures Trading Commission recently approved two actions as part of its ongoing regulatory reform.
Internet Legal Issues: SPAM
Lloyd L. Rich of The Law Office of Lloyd L. Rich
The term "SPAM" is familiar to anyone with an email account. This article considers the intersection of free speech and SPAM, and ponders whether/how it should be regulated.
IPOs, Internet and Media Matters
Rosenman & Colin LLP
IPO Market Looks To Broaden Its Base Historically, the IPO market has been tied to the same economic factors that .
Anti-Spam Bills Could Draw ISPs Into Litigation, House Panel Told
Rosenman & Colin LLP
Legislation regulating unsolicited e-mail, or "spam," must be designed to avoid dragging Internet service provider.
Court Rejects Claim for Disgorgement of Short Swing Profits
Rosenman & Colin LLP
The Southern District of New York has rejected a claim seeking disgorgement of short swing profits, despite defe.
International Regulators Issue Report on Hedge Fund Risks
Rosenman & Colin LLP
The International Organization of Securities Commissions has issued a report that contains recommendations for hed.
Misstatements Concerning Employment Practices Not Material
Rosenman & Colin LLP
The United States Court of Appeals for the Fourth Circuit has affirmed an award of summary judgment in favor of de.
SEC Proposes Independent Director Rules
Rosenman & Colin LLP
The SEC has proposed rules to enhance the effectiveness of investment company directors. The proposed rules would .
SEC Cracks down On Internet Securities Auctions
Rosenman & Colin LLP
The Securities and Exchange Commission has issued cease and desist orders against three individuals for illegally .
One-Year Non-Compete Too Long For Web
Rosenman & Colin LLP
iting the pace of innovation in the information technology industry, the Southern District of New York has refused to enforce a restriction in an employment agreement that would have prevented a Web site content manager from working for his new company for one year, stating that, in the Internet industry, a one year non-compete "is several generations, if not an eternity".
Microcap Stock: A Guide for Investors
U.S. Securities and Exchange Commission
Guide from the Securities and Exchange Commission for consumers on how to find information about microcap stocks, what red flags to consider, and where to turn if you run into trouble.
Rules of the Road on the Information Superhighway
John P. Pavia of Levy & Droney P.C.
Companies large and small are now realizing the many benefits of going "online." Although email may be the most .
SEC Adopts Final Rules Mandating Electronic Filing and Web Site Posting of Forms 3, 4 and 5
Stephen W. Carr, P.C.,Elizabeth Shea Fries,Jeffrey C. Hadden,Laura C. Hodges Taylor and James A. Matarese of Goodwin Procter LLP
On May 7, 2003, the SEC adopted amendments to its rules and forms that will require electronic filing with the SEC of Forms 3, 4 and 5 by officers, directors and 10% stockholders (commonly referred to as "insiders") of public companies; and Web site posting by public companies of the forms filed by their insiders with respect to their outstanding securities by the end of the business day after the filing.
Some Facts of Life
Richard G. Stock 0 of Lexpert
The April meeting of the Canadian Corporate Counsel Association in Victoria afforded this writer the opportunity to survey a cross-section of General Counsel about the changes and challenges they face.
Merger Glue
Dan C. Felean 0 of Lexpert
Never say never. Sooner or later, every law firm of size or substance will consider the possibility of merging with another. Some experts predict that mergers and acquisitions will become an ongoing, almost routine, part of business and competitive stratagem. As more clients demand greater depth of service and broader competencies over wider geography and jurisdictions, the consolidation in the legal market will continue. Incremental growth is often too slow, too expensive or too painful.
Chasing Clients & Law Students Through Cyberspace
Marzena Czarnecka 0 of Lexpert
In the fable of the tortoise and the hare, the tortoise plodded its way to victory through grit, determination and hard work. The hare, fast and flashy to begin with, lost because it underestimated its opponent and was prone to taking prolonged breaks after forging a few yards ahead.
New Year's E-Resolutions
George S. Takach 0 of Lexpert
The start of a new year is a good time for resolving to undertake fresh initiatives. Accordingly, what follows are ten e-resolutions for companies, governments and other organizations dealing with the legal challenges posed by technology, including software and the Internet. To help operationalize them, the resolutions are prepared in a user-friendly format, ready for immediate adoption and implementation.
B2B Exchanges - We're Not Talking Bobkes Here
Alan M. Gahtan 0 of Lexpert
A business-to-business (B2B) marketplace or exchange is a service which matches buyers and sellers in a particular industry. Sales take place either through online catalogs posted by each supplier or through real-time Internet-based auctions. In either case, the consolidation of sales through a single marketplace fosters price discovery and reduces the inefficiencies that are otherwise associated with highly fragmented purchasing processes.
The Rise of the E-commerce Lawyer
Julius Melnitzer 0 of Lexpert
Occupying the entire 49th floor of the Toronto-Dominion Bank Tower at the intersection of King and Bay Streets, the heartland of Toronto's powerful and traditionally conservative financial district, is McCarthy TÃ©trault's recently established "New Economy" Practice Group.
Internet Bidding For Legal Services
John D. Cotterman 0 of Lexpert
Put those five words together and you should catch a fair amount of attention and possibly generate a fair amount of emotion.
The Internet Economy: Strategies for Law Firms and Law Departments
David G. Briscoe 0 of Lexpert
Is your law firm or law department doing all it should to respond to the challenges of the Internet era? Based on my experience with hundreds of clients in the legal services industry, I am confident the answer to that question is no.
The New BFOR Test: Mission Impossible?
Patricia L. Janzen 0 of Lexpert
So you want to buy a high-tech company. Last month we considered a number of preparatory steps that should be taken when you gear up for acquiring a high-tech company or a company with significant technology-related assets: these included phased disclosure of confidential information, understanding what you are buying, agreeing on valuation early on, and doing tax homework at an early stage.
Message Boards and Chat Rooms: Can They Be Regulated?
Robert Shore 1 of Sheppard Mullin Richter & Hampton LLP
This article discusses the issue of whether on line chat rooms and message boards are subject to legal restrictions on their operation of a public forum.
Online Privacy Under Attack
Alan M. Gahtan 0 of Lexpert
As use of the Internet continues to grow, so does concern regarding the loss of privacy. On February 10 2000, the Electronic Privacy Information Center (EPIC), a Washington-based advocacy and litigation group which focuses on privacy issues involved in computer and Internet technologies, filed a complaint with the U.S. Federal Trade Commission (FTC) alleging that the online information collection practices of DoubleClick and its business partners constitute unfair and deceptive trade practices.
Business Methods Patents and Electronic Commerce
Alan M. Gahtan 0
At one time, patents could not easily be obtained for software-related inventions. Clever practitioners quickly learned to draft the claims so as not to claim protection for a computer program as such. After a few years of this game, and some important court decisions, the objections to the registration of software-related patents in the U.S. eventually disappeared.
The Internet And Jurisdiction: Act Globally, Avoid Getting Sued Locally
George S. Takach 0 of Lexpert
The Internet virtually eliminates physical distance as a factor in commerce and a range of other activities. Surfing the Web allows you to electronically hop from one foreign site to another at the mere click of a button. For all practical purposes, the Internet has collapsed geography. The world's most global network has seemingly eradicated national boundaries. Legally speaking, however, the Internet does not wipe out the borders of states, rather it merely makes them much easier to cross.
Cyberspace & Electronic Commerce Law
Alan M. Gahtan 0 of Lexpert
Cyberspace law or electronic commerce law has its foundation in what was once called computer law, but which is now referred to as information technology law or just technology law.
Outsouring: M&A in Drag
Marzena Czarnecka 0 of Lexpert
Marriage, a.k.a. outsourcing, is significantly different from a one-night stand, says Richard Austin, chief legal counsel of EDS Canada Inc. Obvious? There are a few Bay Street lawyers who disagree.
Online Consumer Protection
George S. Takach 0 of Lexpert
Over the past several years various legislative initiatives have made doing business online more legally certain. For example, the so-called "electronic commerce statutes", such as Ontario's Electronic Commerce Act, 2000 (and its various counterparts in the common law provinces, all more or less based on the Uniform Electronic Commerce Act), are very helpful in detailing how the "writing" and "signature" requirements of other statutes may be satisfied in the online world.
The Growth of Canadian Intellectual Property Law and Practice
of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act. The federal court is perceived as having superior experience in IP matters. The provincial courts maintain exclusive jurisdiction over causes of action that are founded solely on the common law.
Owned Real Estate
Federal Deposit Insurance Corporation
Answers to frequently asked questions prepared by the Federal Deposit Insurance Corporation (FDIC) about the listing and sale of FDIC owned real estate.
Current Developments in Federal Appellate Practice
Susan M. Freeman of Lewis and Roca LLP
The circuit courts of appeals are meeting the burden of increasing workloads with procedures and local rules that take advantage of the Internet and other computer technology. They vary in their approaches to the availability of unpublished case law resulting from that technology. They also attempt to address their burdensome caseloads - and the hardship caused to the bar and public - through various settlement and mediation alternatives and through publicly available information on the delay inherent in the appellate process.
Internet Jurisdiction
Bruce W. McCullough
Introduction McCullough & McKenty represents an internet activist who was sued in Pennsylvania for defamation .
Play or Fold: Write Online Gambling Regulations Clearly and Precisely, or Not At All
Eric Goldman 1
Below are excerpted remarks presented by Eric Goldman to the National Gambling Impact Study Commission?s Regulatory, Enforcement and Internet Subcommittee on December 1, 1998.
Zeran v. AOL: Why the Fourth Circuit is Wrong
Ian C. Ballon of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Discusses the Zeran v, America Online, Inc., where the Fourth Circuit broadly construed subpart (1) of the Good Samaritan exemption, created by the Telecommunications Act of 1996, to exempt interactive computer services from negligence claims premised on either publisher or distributor liability for third party acts of online defamation.
Contest Marketing And Its Dangers
Michael M Sax of Michael M. Sax
Beware! Running a contest is an innovative way of collect marketing data, but without a basic understanding of some simple rules can land your business in trouble.
Know Your Logo
Neal S. Greenfield
This article outlines the importance of a company protecting it's logos and images against trademark infringement because the most pervasive misuse of digital assets occurs on the internet.
Nebraska Court Finds Latex Allergic Surgical RN Totally Disabled Under the "Odd Lot Doctrine"
Law Office of Jon L. Gelman
In one of the most significant decisions yet to be rendered by a Court, a surgical registered nurse was.
Licensing Issues in New Media Transactions
Juliette M. Passer of International Project Development Group LLC
As the World-Wide Web becomes an increasingly important research medium, many new services are emerging which seek to organize the wealth of information available on the Internet for specific purposes identified by clients. Ironically, the easy access to a universe of information and data available in digital form is fast becoming one of Internet’s greatest vulnerabilities, leading to potential liabilities for doing business in cyberspace.
The Problems of Departing Employees and the Data They Leave Behind
Brett Tarr 1
Employee turnover is not just a human resources issue at most corporations. Using today’s technology, many employees create, produce and store communications and work product not just electronically, but in virtual environments. But all of this data belongs to the organization for which the individual is employed, so what does this mean for corporate IT and legal departments when employees leave the company?
Evolving uses of health care on the Internet
Edward F. Shay
Health care on the Internet has diversified and grown exponentially in the past two or three years. As hea.
Avoiding Web Site Liability--Online and on the Hook?
Buchanan Ingersoll & Rooney PC
The Internet has evolved into a significant forum for advertising and the transaction of business. Nascent compani.
Electronic Communication Policies: How Private Is E-mail?
Michael S. Horwatt of Buchanan Ingersoll & Rooney PC
In today's electronic environment, associations need to use e-mail's ability to connect members, staff, vendors, a.
Most Recent Opinions Allow Lawyers to Send Client Confidences by E-Mail
Vernis & Bowling Attorneys At Law
A growing number of jurisdictions have concluded that lawyers may ethically use ordinary, unencrypted electronic m.
Cyber Talk Needs Cyber Laws
Buchanan Ingersoll & Rooney PC
The worldwide web, that vast library with millions of readily available and indexed publications, as well as a spr.
Labor & Employment: April 1999
Brobeck Phleger & Harrison LLP
This update reviews the question of whether an employee has a reasonable expectation of privacy in email, voice mail and the internet.
Document Retention Policies Revisited
Laura Ariane Miller,Werner Scott O'Connell and J.P. Ellison of Nixon Peabody LLP
A year has passed since last spring's prosecution, conviction, and collapse of Arthur Andersen based on that firm's destruction of documents. Last summer's passage of the Sarbanes-Oxley Act, which among other changes, broadened obstruction of justice statutes and enhanced criminal fraud penalties, is no longer front-page news.
Navigating the Web of Rules Governing Internet Advertising
Kavita Amar and Thomas R. Burke of Davis Wright Tremaine LLP
Internet advertising offers businesses a new and entirely different medium with which to attract consumers and maintain brand loyalty. Current online options include pop-ups, pop-unders, banners, splash pages and text-based ads. More creative forms of online advertising are inevitable, including ads customized for wireless applications.
Cyberspace Harassment
Thomas B. Lewis of Stark & Stark
Employers face new challenges attempting to prevent harassment and discrimination in the work place. Access to the Internet has become commonplace permitting employees access to explicit and harassing cyberspace material.
Call in the Cavalry: IP Issues in Business Transactions
Joseph R. Dreitler of Jones Day
Many acquisitions, financings, and bankruptcies over the last 20 years consisted primarily of the transfer or security of intellectual property, mainly brands. Parties rely on their lawyers to make certain that they actually acquire the assets needed to run the business.
Applying the ADA to the Internet: A Web Accessibility Standard
Cynthia D. Waddell, JD 1 of Alexander Hawes LLP
This article discusses the importance and legal distinctions under the ADA of providing universal access to web page content for people with disabilities.
Have Web Site, Must Travel (To Court)
Law Office of Robert J. Ross
The ease with which an online business can deal with customers in other states has a downside.
The SEC's Coming Regulatory Retreat

As I have observed before, the SEC is a juggernaut among regulatory agencies.
E-Commerce Update--July 1999
Akin Gump Strauss Hauer & Feld LLP
Covers Cybersquatting and Domain Name Disputes; Jurisdiction and Choice of Law; Navigating the US Government's Export Restrictions on Encryption Technology; Texas Repeals the Internet Access Tax Law; and PTO Gets APA deference from the Supreme Court.
Internet Legal Issues: WWW Privacy Policy--Part II--Guidelines & Children Online Privacy Protection Act of 1998

This article discusses guidelines for preparing and implementing a company's privacy policy as well as the requirements mandated by the recently passed Children Online Privacy Protection Act of 1998.
FCC Consumer FactsÃ‚Â—High Speed Internet Access Ã‚Â– "Broadband"
Federal Communications Commission
High-speed Internet access (sometimes loosely referred to as "broadband Internet access" or simply "broadband") allows users to access the Internet and Internet-related services at significantly higher speeds than traditional modems.
The Changing World of Electronic Signatures
Randell D. Wallace and Don F. Dagenais of Lathrop Gage
A federal law that took effect about a year and a half ago is changing the world in terms of how legal documents are signed. If it hasn't affected your business already, it probably soon will. The full title of the law is the Electronic Signatures in Global and National Commerce Act, but it has become commonly known in legal circles as "E-Sign."
Congressional Cure-All For Consumers' Clogged InboxesFederal Law Provides Uniform Set of Commercial Email Rules
Joseph J. Lewczak of Davis & Gilbert LLP
On December 16, 2003 President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, otherwise known as the CAN-SPAM Act of 2003 (the "Act").
E-Commerce Trading Vehicles
Carol P. Tello of Buchanan Ingersoll & Rooney PC
I. Introduction For a U.S. manufacturer of tangible consumer products that wishes to begin selling its products w.
Ethics On-line
Michael S. Horwatt of Buchanan Ingersoll & Rooney PC
Many Internet users believe the system has an "ethic" of its own. Understandably so. These users regard cyberspace.
Electronic Signature Legislation
Thomas J. Smedinghoff and Ruth Hill Bro of Baker & McKenzie LLP
This article explores some of the questions we should be asking ourselves in using electronic signature legislation as a vehicle for advancing e-commerce. First, we will define what we mean when we refer to electronic and digital signatures. Second, we will examine the three fundamental legal issues raised by online transactions that have fostered the felt need for electronic signature legislation. Furthermore, for each issue, we will outline the underlying concerns and examine the primary legislative approaches developed to date. Third, we will conclude with some thoughts on legislation's role in promoting the growth of e-commerce by reviewing some statutes that have historically been a positive force in promoting economic growth.
The New Electronic Signatures in Global and National Commerce Act: How Effective Is It?
Lawrence B. Lambert of Buchanan Ingersoll & Rooney PC
On Sunday, October 1, 2000, while most of us were watching football and the closing ceremonies of the Sydney Olymp.
Year 2000: Should Companies Make Disclosures?
Andrew D. Sussman of Buchanan Ingersoll & Rooney PC
On October 19, 1998, the Year 2000 Information and Readiness Disclosure Act became law in the United States. Designed to encourage dissemination of Year 2000 readiness information, the law, which contains certain protections for companies that issue Year
Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments
William R. Denny and William R. Denny of Potter Anderson & Corroon LLP
Discovery is an enormous part of litigation to litigants, their counsel, and the judges presiding over their cases. One of the primary purposes of discovery is to help get a case that a litigant and its attorney are determined to win ready for a trial. Part of winning a case is telling the right story, and discovery is a part of putting together that story.
Technology Use Policies: If You Don't Have One, Get One
Joe Morford 1 of Arter & Hadden LLP
As the tools of business have changed, have your company policies kept up? If your business still doesn't have a Technology Use Policy, the answer to that question is a resounding: no.
Regulating Internet Gambling
Glasser Legal Works
Analyzes how the First Amendment must be considered by anyone drafting regulations related to Internet gambling.
New Weapons in the War Against Internet Software Pirates
Gary M Lawrence and Charles B Lobsenz of Akin Gump Strauss Hauer & Feld LLP
This articles discusses the risk of misappropriation that software developers, resellers and licensors continue to face when they place their software on the Internet and the diverse array of legal and technological advancements are beginning to level the field.
Net Breeds Privacy Issues
Gallagher & Kennedy, P.A.
The law frequently can't keep pace with technology, and the Internet is no exception. Other than on a handful of.
Life, Law and the Pursuit of Balance
H. Richard Keyt of Gallagher & Kennedy, P.A.
INTRODUCTION Lawyers today must use computers to compete effectively with other lawyers. Ten years ago, relativ.
Goodmans Update: Corporate Securities
of Goodmans LLP
A panel of the Ontario Securities Commission has recently released its unanimous decision in dismissing allegations by OSC Staff of insider trading by Kwok Yuen Ho, the Chairman and Chief Executive Officer of ATI Technologies Inc., and his wife Betty. Three issues that were discussed by the OSC in the ATI decision are relevant to corporate insiders and are worth reviewing.
Issues in the Canadian Telecommunications Marketplace
Lorne P. Salzman and Brodie Swartz of McCarthy Tetrault
For years, computer users have used their Internet service to implement a type of voice telephone service. Typically, it was a poor substitute for traditional voice telephone service. The quality of voice over internet protocol, or VoIP, calls was unreliable, making the connection between callers cumbersome. As a result, the primary application of VoIP was as a niche service for those seeking a substitute for expensive overseas calling.
The Law Protects The "Unauthorized" Access To Computer Data: How You Can Shape The Law While At The Same Time Protecting Your Data
Nick Akerman of Dorsey & Whitney LLP
The computer and the Internet have dramatically changed the playing field of industrial espionage. Now, customer lists, marketing and strategic plans and financial information can be passed to the competition with a simple click of the mouse, and a high school hacker can break into computers that store a wealth of personal information.
Election 2000: Impact on Technology Policy-A Political and Policy Analysis
Pillsbury Winthrop Shaw Pittman LLP
This article examines the technology policy issues the 107th Congress is likely to address which include; privacy, information security, Internet taxation, jurisdiction, intellectual property and human resource issues.
Tax Credits and Capital for Your Business
Womble Carlyle Sandridge & Rice, PLLC
Recently, I have had a number of inquiries regarding tax credits and other incentives that may be available to smal.
How Much Traffic to My Website is Enough Traffic? The Thin Market Concept
William B Ballard
To answer the question "How much traffic should I expect to my website?" you need to understand the concept of a "thin market" and its implication to the client development strategies of law firms.
Courts Edge Closer to Guidelines on Web Suit Venues

The home court advantage. Teams battle for it. Athletes feed off it. Sports fans debate its significance. Home court advantage matters in litigation, too. Plaintiffs and defendants both prefer to litigate in their home courts. It is less expensive and imposes additional costs on one's adversary. Moreover, while justice is supposed to be impartial, litigants fear that local judges and local juries will often favor local parties.
Frequently Asked Questions on Universal Service for Rural Health Care Providers
Federal Communications Commission
Answers to frequently asked questions from the Federal Communications Commission regarding the rules regarding access to telecommunications services necessary for the provision of health care services by rural health care providers at rates comparable to those paid for similar services in urban areas.
Recent SEC Developments -- Internet Road Shows and Spin-Offs
Coudert Brothers LLP
A. Road Shows on the Internet This memorandum briefly summarizes a no-action letter recently issued by the SEC.
Documenting Employee Discipline: Developing and Implementing Documentation Procedures To Protect Your Organization
Daniel W. Long
Many managers or supervisors feel that their time would be better spent performing more mission-critical tasks than documenting the ups and downs of particular employees. Although legal counsel and human resources consultants are constantly repeating "document, document, document," many managers and supervisors put off such documentation and give it a low priority.
Legal Issues in Contracting on the Internet
Karl D. Belgum
This article discusses the application of traditional contract law to online transactions.
Corporate Employment Policies For The Internet: Why, When And How
Courtland W. Anderson of Bodman LLP
Now that the Internet1 has become a part of the work environment, many employers have enacted a company policy gove.
Privacy Policies: Beware of Changes
Justine Young Gottshall of Wildman, Harrold, Allen & Dixon LLP
If you operate a web site, you should take note of a recent Federal Trade Commission consent order, which is the first FTC case to challenge deceptive and unfair practices in connection with material changes to an online privacy policy.
Notice of Electronic Monitoring Act: 1984 Revisited?
Thompson, Coe, Cousins & Irons, LLP
This article reviews the components of the Notice of Electronic Monitoring Act ("NEMA") which is making its way through Congress and may become law by the end of the year.
New Communications Technologies and Winning the War on Terror
Edward Hearst* 1 of The Federalist Society
In winning the war on terror, the West has the option of confronting radical Islam with what it fears most, access for the citizens of Islamic nations to a free flow of ideas and information. One of the best weapons we have at our disposal is an aggressive and calculated use of the World Wide Web.
Killing the Messenger: Pennsylvania's New Child Pornography Statute is Aimed at the Wrong Parties
Andrew G. McBride and Kathryn L. Comerford* 1 of The Federalist Society
Although the goal of eradicating child pornography is unquestionably a laudable one, the means Pennsylvania has chosen to pursue this goal conflict with provisions of the federal Communications Act, and are of dubious constitutionality.
Privacy Law in Q1 2002
Elisa A. Nemiroff and D. Reed Freeman, Jr. 1 of Kelley Drye & Warren LLP
Internet privacy is one of the top policy issues facing Congress, state legislatures and regulators. At the federal level, several bills are pending. Additionally, a growing number of state legislators have concluded that industry self-regulation fails to protect consumers' online privacy.
Planning a Successful Law Firm Website
Michael L Goldblatt
This article reviews several matters law firms should consider both prior to and after creating a website.
Securities Loss Prevention: Selective Disclosures and Internet Disclosures
Dan Bailey, Esq. 1 of Arter & Hadden LLP
The following article addresses D&O loss prevention opportunities in two areas which are rapidly changing and therefore require updated and new loss prevention practices.
House Slips in Copyright and Internet Legislation
John B. Kennedy and Raj Rokesh Vaswani of Morrison & Foerster LLP
This article discusses the House of Representatives’ attempt to quickly pass a flurry of copyright legislation by tacking numerous provisions onto the Digital Millennium Copyright Act.
Privacy Law Update
Larry B. Donovan of Arter & Hadden LLP
A summary of the various bills currently pending in Congress regarding existing privacy acts
Arent Fox Alert: FTC Holds Public Workshop Conference To Discuss Internet Advertising Disclosures
Margo Shatz Block 1 of Arent Fox LLP
This alert concerns a recent public workshop held by the FTC to address internet advertising "clear and conspicuous" requirements for certain advertising disclosures.
Department of Labor Pulls USERRA Notice Poster; Compliant Poster to Be Available on March 10, 2005
George R. Wood and Jason M. Branciforte of Littler Mendelson, P.C.
On Thursday, March 3, 2005, the United States Department of Labor, Veterans' Employment and Training Service ("VETS"), removed from its website a poster designed to satisfy new notice requirements under the federal statute dealing with military leave rights, the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). VETS has given no reason why the poster was removed, but has stated that a revised poster will be ready for downloading by March 10, 2005.
Selecting an e-Discovery Service Provider in an Uncertain Market
Laura Webster, Solution Design Architect, Fios, Inc. 1
In today's economy, corporations and law firms can incur significant risk if they rely on e-discovery vendors that are not financially stable. Loss of data access due to provider bankruptcy or system shutdowns can be fatal to a case. To help clients evaluate the viability of your current or future service providers, Fios has developed the following “e-Discovery Service Provider Due Diligence Checklist”
E-Commerce Update--February/March 2000
Alex Chartove and Brandon C. James 1
This Update covers internet tax policies, business method patents, and the use of meta tags and cookies in e-commerce.
Pitfalls in Outsourcing Your Website
Eric Goldman 1 of Cooley Godward Kronish LLP
This article helps identify some of the pitfalls that are often encountered when establishing a relationship with a website provider.
Protecting Intellectual Property from On-Line Infringement
Diane W. Savage 1 of Cooley Godward Kronish LLP
This reports looks into what copyright owners can do to protect their intellectual property on the Internet.
As Of July 1, 2004, Websites Require Privacy Policy Changes Under New California Law
Joseph J. Lewczak and Sofia Rahman 1 of Davis & Gilbert LLP
If you take steps now to review your privacy policy and make any necessary changes, you can reduce your potential exposure to liability under a new and ground-breaking privacy law that just went into effect. The State of California passed a law late last year that requires any commercial website or online service operator who collects personally identifiable information about consumers residing in California ("Operators") to provide individuals with notice of its privacy policies.
Dealing with False Internet Rumors: A Corporate Primer
Blake A. Bell of Simpson Thacher & Bartlett LLP
?1998 wallstreetlawyer.com. All rights reserved. Reproduced with permission of Glasser Legalworks, 150 Clove Roa.
E-Mail at the Workplace: I Spy, Should I?
Lori E. Lesser of Simpson Thacher & Bartlett LLP
By Lori E. Lesser Simpson Thacher & Bartlett A version of this article appeared in Distributed Computing, Ma.
Reducing the Liability Risks of Employee Misuse of the Internet
Blake A. Bell of Simpson Thacher & Bartlett LLP
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article is forthcoming in wallstreetlawyer..
Online Brokerages Under Siege for Trading Outages and Delays
Blake A. Bell of Simpson Thacher & Bartlett LLP
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article appeared in wallstreetlawyer.com, A.
Internet Law: The Regulation of Internet Crime
Herman Davis & Associates
Introduction The Internet, which links computers around the nation and around the world, poses unique opportunities.
More Information For Investors in the Czech Republic
Weil, Gotshal & Manges LLP
Examined is the process by which individuals can request real estate-related information through the Freedom of Information Act.
Electronic Signature Standards Create Contracting Options
Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
When the federal 'electronic signature' law was enacted nearly two years ago, proponents predicted a rapid shift toward electronic transactions. Critics feared a plague of fraud, privacy invasions, and identity theft. The current state of electronic contracting is somewhere between these extremes.
Spotlight Returns to Corporate Websites
Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
Corporate websites play an important role in many public companiesÃÂ investor relations programs. Recognizing this, several recent rules and proposals take advantage of corporate websites to expand investor access to information.
Internet Fraud Complaint Center Issues its First White Collar Crime Report
Karen F. Green,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
The IFCC hopes that, by acting as a central agency to which individuals and businesses can report Internet fraud, it can facilitate the prompt investigation and prosecution of white collar Internet crime and gather important statistical information to prevent such crime in the future.
More Than Just E-Mail: Comprehensive Information Policies for the Digital Age
Jeffrey S. Bosley and John C. Corcoran
This article discusses the need for employers to have a comprehensive "information policy" that addresses how both the employee and the employer use electronic mail.
Internet Law Update: Developments in Privacy Law--1999
Thelen LLP
In this update, Thelen Reid & Priest provides a brief summary on some of the more significant developments of 1999 in connection with privacy law and regulation. These issues are especially important for any entity using personal data on the Internet.
Developing a Policy to Monitor Employee E-Mail, Voice Mail, And Internet Use
Duff, White & Turner, LLC
The use of e-mail in the workplace is growing at an exponential rate, with an estimated 20 mill.
Investor Relations on the Web
Stephen J Dolmatch and Amy L. Goodman
This article summarizes a public company's risks as well as opportunities in disseminating investor relation information through the company's web site.
Internet Contacts Insufficient to Confer Personal Jurisdiction
Julianne Ross Davis of Chernoff, Vilhauer, McClung & Stenzel, LLP
In a case of first impression in the District of Oregon, Judge Aiken ruled that defendants' interactive Internet We.
The Top 10 Issues Facing Dot Com Companies Today
Joel S. Heiser of Arter & Hadden LLP
This article reviews the issues an internet company should examine when conducting business over the internet.
OIG Sets Provider Self-Disclosure Protocol
Michelle Bellamy Marsh of Waller Lansden Dortch & Davis LLP
What do you do if, during your compliance activities, you discover an overpaymen.
Why Every Employer Using E-Mail Needs an E-Mail Liability Prevention Plan
Marjorie A. Wallace of Perez & Miller
E-mail is a staple of corporate culture. While e-mail has greatly increased the potential for better business comm.
Want Answers? Check the LawMarketing Discussion List
Laurence Bodine
This article provides an overview of the benefits of networking through the LawMarketing Discussion List.
Civil Procedure: Venue Established by Computer Web Site
Mark A. Goldsmith of Honigman Miller Schwartz and Cohn LLP
Plaintiff sued Defendants for violation of the Lanham Act, contending that they were "passing off" Plaintiff's prod.
District Court Finds Virginia's Regulation of the Internet Unconstitutional
Pillsbury Winthrop Shaw Pittman LLP
On October 11, 2001 the Federal District Court for the Western District of Virginia issued a ruling declaring a 1999 Virginia law subjecting web site operators to criminal prosection for "knowingly" allowing minors access to "harmful" sexually explicit material on their sites unconstitutional.
How to Vet an Expert
Robert J Ambrogi and IMS Expert Services 1
Experts, sad to say, are not always honest about their credentials, as several recent news items confirm. Knowing how to verify the background of an expert – whether yours or your opponent's – could prove critical to your case.
SEC Issues Interpretive Release On Use Of Electronic Media
Cadwalader, Wickersham & Taft LLP
The Securities and Exchange Commission ("SEC") recently issued an interpretive release to provide guidance on t.
European Court Establishes Broad Interpretation of Data Privacy Law
Jacqueline Klosek of Goodwin Procter LLP
The European Court of Justice recently handed down a significant ruling which clarified the application of the European Data Protection Directive to the posting of personal data on Internet websites. The ruling has important implications for all individuals and companies that post personal data on the Internet.
Electronic Contracts 101
George S. Takach 0 of Lexpert
Until recently, there was doubt in Canada whether contracts could be formed online, for example by having a customer denote consent to various terms and conditions posted on a Web site by clicking an icon or button that says "I Agree".
How to Participate In the Federal Communications Commission Comments Process
Federal Communications Commission
Tips from the Federal Communications Commission for businesses on how they can participate in the comments process.
Suing in Cyberspace
Eric J. Swetsky, Barrister & Solicitor
Let's say that a copyright owner lives in Toronto and their intellectual property is infringed on a computer network whose server is located in Australia.
How to Make Your Car Safer
The Sawaya Law Firm
No matter how careful you are when you drive, the unexpected can happen. Whether you become stranded in a snowstorm or your car breaks down on a lonely road, you'll want to make sure that you have supplies to help you get through the time until help arrives.
Thelen Reid Report No. 371: Commercial Users Of The Internet Can Find Themselves Defending Lawsuits In Unexpected Places
Thelen LLP
This article discusses the possibility that personal jurisdiction may be granted in distant states may be exercised if the business have a consumer web presence in that distant state.
The Internet & The Practice Of Law: Ready Or Not, Here It ComesÃ‚Â…
Janet Pancoast
A great primer on how [and why] to get your practice involved in the Internet, including information about connecting to the internet, searching for information and many useful links for Nevada attorneys and others.
DOWNLOADABLE MEDIA, MP3, Gutenberg & The Future
Philip R. Green of Green & Green
Play a "Fanfare to the Common Man." Prior to the Gutenberg Press, there was only a Bible known by the various .
Credibility Is The Key To E-Commerce Success
Michael M Sax of Michael M. Sax
A brief description of technological methods to increase company credibility and improve e-commerce traffic.
Web Site Construction: Are You Legal?
Michael M Sax of Michael M. Sax
When contracting with an independent web site developer, there are legal and operational issues to consider. Mr. Sax raises some of those considerations here.
Who Wants To Be An Internet Millionaire?
Thomas J. Hall - Attorney at Law, S.C.
Want to make a million? Just set up your Web page, get a merchant account to take credit cards, lay off your staff.
Primer on Marketing to Promote Your Practice
Michael L Goldblatt
Marketing is a process that you can use to grow your practice. This article provides an overview of the four P's of marketing plans - product, price, place and promotion.
Technology and the Workplace
Diviacchi Law Office
Widespread access to the Internet in the workplace has opened up worlds of information .
Maryland's Year 2000 Technology Initiative--June 2000
Saul Ewing LLP
On April 25, 2000, Maryland Governor Parris N. Glendening signed into law multiple pieces of legislation designed t.
Linking and Framing: Unfair Competition on the Internet
Andrew D. Sussman of Buchanan Ingersoll & Rooney PC
The practice of linking and framing on the Internet is widespread and has already generated litigation. This article will focus on the legal issues raised by linking and framing and provide some practical pointers to avoid liability.
Prospective Payment System Final Rule For Hospital Outpatient Services Released-April 2000
Saul Ewing LLP
The Health Care Financing Administration ("HCFA") published its final regulation regarding the outpatient prospecti.
Do We Have An eDeal?
Michael A. Thackray of Thackray Burgess
Some short time ago I wrote a very brief article under the title "Do We Have A Deal". That article went to the distinction between the creation of an enforceable contract and the creation of a non binding letter of intent. One response to this article was an encouragement to write about the formation of contracts in the practical world … the world of the internet, the world wide web and e mail.
Privacy on the Internet: Balancing the Interests of Internet Users with the Challenges of Growing Internet and Web Commerce
Benjamin Thorner 1 of Brobeck Phleger & Harrison LLP
This article details the emergent use of privacy statements in web sites and their effect on web commerce.
Controversy Surrounds 'Screen Scrapers': Software Helps Users Access Web Sites But Activity by Competitors Comes Under SCrutiny
Kenneth A. Adler
One of the latest computer technology controversies surrounds "screen scraping," a process by which a software program simulates a userÃÂs interaction with a Web site to access information stored on that site.
Controversy Surrounds 'Screen Scrapers': Software Helps Users Access Web Sites Buy Activity by Competitors Comes Under Scrutiny

”Screen scrapers” are programs that simulate a user's interaction with a Web site in order to access information stored on that site. Some may be used by competitors of the Web site owner, without the authorization of the owner, and the law on their use in such circumstances remains unclear, even following two related opinions by the Court of Appeals for the First Circuit.
Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California
Farella Braun + Martel LLP
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law.
The Net Changes Everything . . . or at Least a Few Things
Laura S. Unger 1 of Glasser Legal Works
SEC Commissioner Laura S. Unger discusses some of the issues on the SEC's current agenda and he regulatory horizon.
Sarbanes-Oxley Act of 2002: SEC Adopts Rules Requiring Electronic Filing And Website Posting of Forms 3, 4 and 5
Kenneth V. Hallett and Ryan P. Morrison of Quarles & Brady LLP
On May 7, 2003, the SEC issued final rules that mandate electronic filing of Forms 3, 4 and 5 by corporate insiders, and require companies to post these reports on their websites within one business day of filing with the SEC.
Litigation Corner

A recent survey found that labor and employment-related litigation is a top concern of many companies. In response we have created this Litigation Corner and will from time-to-time provide our readers with practical suggestions for reducing their litigation risks. Today's inaugural feature contains suggestions about e-mails and the danger in believing that e-mails to and from the human resources department somehow are privileged.
The .com Bankruptcy
Warren E. Agin
This article reviews the different options available for an internet start-up when faced with bankruptcy as the company's only alternative.
Jurisdiction in Cyberspace
Warren E. Agin of Swiggart & Agin, LLC
This paper reviews the legal risks businesses face when conducting transactions over the internet and examines the emerging themes of these risks in business planning.
Cyberians at the Gate?
George M. Borkowski of Mitchell Silberberg & Knupp LLP
Though it is causing a sensationÃÂand consternation- MP3 does not spell the end of the music business as we know it.
Internet Legal Issues: Metatags
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines how trademark infringement, dilution, false advertising or right of publicity violations can occur when metatags utilize trademarks or tradenames without the owners' permission.
New California Law: California Business & Professions Code Section 17538
Dave Kramer
This article provides an overview of California's law regulating sales over the internet to a buyer in the state of California.
Small Business Questions and Answers

This publication provides answers to small business owners' frequently asked questions about compliance with the Environmental Protection Agency.
Law and DisOrder: Effect of Technology on Legal Services Industry
Womble Carlyle Sandridge & Rice, PLLC
In 1996 the chemical and energy producer DuPont decided that in the spirit of corporate cost cutting, it needed to .