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.
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.
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.
The name of a company can be a valuable asset. Protecting that asset is serious business. Assume you have establi.
No one issue currently galvanizes the Internet community quite so much as the Administration's encryptio.
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."
Prime Minister Hashimoto and President Clinton reached an agreement at the G-8 Summit that electronic communic.
On-going Consultation Perhaps it has been your experience that you have one mediation session, and you do not .
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.
A brief consideration of e-commerce as it relates to Real Estate Practice in Ontario.
Seeks to provide a map of various patent issues relating to Internet technology.
Analyzes the impact of the Internet on corporate disclosure requirements.
Meanwhile, in a seemingly-unrelated story, on February 23 Chicago Mayor Richard M. Daley was re-elected. So? Well.
Part one of this two-part series considers the need for and steps toward preparing a privacy policy for your web-based business.
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.
On October 19, 1998, the President signed into law the Year 2000 Information and Readiness Disclosure Act, S.2392 .
As the advertising, sales, and communications advantages of the Internet continue to grow, on-line services will be.
Is privacy a basis for Internet Service Provider (ISP) liability, even when the offending material is posted with.
Tips from the Securities and Exchange Commission on how to avoid Internet investment scams.
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.
Web Site: We are pleased to announce that we will be launching our new web site within the next couple of weeks.
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.
A dramatic change in Internet law was announced by the Ninth Circuit in December. The Court ruled, for th.
Now that it has become de rigueur to have a web site on the Internet, it is time to reconsider what wrink.
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.
In today's workplace, computers and electronic communications are the norm rather than the exception. Computers, .
The Internal Revenue Service has issued Notice 98-12 (2/2/98), which provides a model explanation of the health car.
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.
Avoid scams! Mr. Sax sets forth the twelve bulk email scams, as identified by the FTC, most likely to plague large and small businesses.
The number of sexual harassment charges filed with the Equal Employment Opportunity Commission increased from 6,883.
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.
This article discusses electronic privacy issues in the workplace.
This article discusses venture capital investing in Asia and whether Asia investors will adopt the Silicon Valley venture capital investing business model.
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.
This alert reviews the FTC's notice of intention to review its Telemarketing Sales Rule of 1995.
This article lists the useful website resources a financial service attorney can benefit from in their practice.
This article reviews a California and Colorado statute attempting to regulate unsolicited commercial email.
The National Labor Relations Board answered "yes" to this question in Timekeeping Systems, Inc., a recent decision.
When confronted with the awesome inquiry from your latest client. "Can you give me a 'simple' agreement for me.
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.
Employers allow employees access to the Internet to get cost-effective access to information and open up new busine.
A review of ten security issues to consider before connecting to or using the Internet
This article discusses the impact of the communications and high-tech industry on typical employee hiring issues.
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.
As the U.S. investment management industry continued to experience phenomenal growth over the past year, there were.
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.
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.
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.
Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging".
This alert details the application of consumer protection law to the world of internet commerce.
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.
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 ç 849.094, which sets forth registration, bonding, advertising and fulfillment requirements for game promotions conducted within the state.
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.
Technology companies were among the first to identify the potential of the World Wide Web to communicate informatio.
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?
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.
The U.S. Federal Trade Commission ("FTC") announced last month that it will begin conducting a review of 1,200 comm.
Although the penalties for shoplifting vary from state to state, New Jersey's statutes add an interesting wrinkle.
This publication explains how to request a summary of your earnings for the purpose of estimating future social security benefits.
Paul, Hastings recently sat down with Mark Lorimer, Auto-By-Tel's executive vice president and chief operating offi.
Internet Use vs. Abuse Employers who provide Internet access to their employees would be .
The Internet offers several important opportunities to enhance the capital formation process by (i) redu.
Brochure from the Federal Trade Commission alerting consumers on the various ways that scam artists are selling fraudulent Internet-related business opportunities.
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.
In many ways, the Internet is a consumer's paradise. Can't find that certain computer gadget in town? Pop over to.
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.
This article examines developments in the regulation of Internet access services.
Provides an excellent overview of how to locate bankruptcy resources on the Internet.
The information superhighway has created avenues to enhance workplace efficiency. Over the past decade, cell phone.
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.
This article summarizes the new Idaho spam statute which went into effect on July 1, 2000.
The staff of the Securities and Exchange Commission has proposed to a rule-making panel of the Financial Accountin.
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 are "illegal more often than not" because they represent the unregistered sale.
Dear Clients and Friends, As I write this, the trees outside my office window are changing from green to gold.
Employers and Employees need to work together in order to be efficient and productive.
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
This article provides an overview of two recently enacted California laws that seek to control and regulate "spamming" over the internet email systems.
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.
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 liberalization of the European telecommunications markets, on the one hand has lead to the creation of numerou.
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.
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.
Recently, the Federal Communications Commission adopted its Advanced Services Third Report and Order, which require.
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.
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.
This report discusses how to minimize the securities litigation risks attending firm-specific web sites.
This article discusses the traditional issues faced by fledgling companies and the new twists in today's economy.
Fact: According to a recent study by Carnegie Mellon University, 83.5 percent of all images on the Internet a.
This article reviews recent IRS final regulations relating to the use of electronic media in retirement plan administration.
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.
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.
This article reviews additional ways a law firm can use their website beyond marketing to new clients.
Publication from the Securities and Exchange Commission (SEC) which explains how to contact the SEC and other agencies about fraud.
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.
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.
A California Superior Court judge granted Intel Corporation summary judgment in its trespass lawsuit against a form.
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.
The Government Finance Officers Association has published a revised edition of Taxation of Employee Fringe Benefits.
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.
This accessible article describes "framing" and the legal issues surrounding the practice. A must-read for those building their own web site.
This article examines the legal pitfalls which may arise when Web site operators include links to other sites on their own sites.
This article concerns the relationships between branders and providers in creating co-branding deals on the internet.
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.
This article discusses the implementation and surrounding issues of a privacy policy for online companies.
Rapid internet development has not only complicated traditional rules of commerce and fair competitive practices, .
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.
Like so much else these days, the Internet and other technology-based tools are revolutionizing the way employees a.
The ease with which an online business can deal with customers in other states has a downside.
The number of persons accessing the Internet is increasing at a tremendous rate. As Internet usage expands, so do .
Technology companies were among the first to identify the potential of the World Wide Web to communicate informati.
Continued popularity of the Internet has led to "side effects" such as increased use of the web for unlawful and a.
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.
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.
Corporations are finding themselves the recipients of subpoenas issued by state or federal government investigators.
As the use of Internet web sites increases through E-commerce, web site builders and owners need to be aware that .
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.
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.
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.
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."
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.
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.
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.
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.
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.
More and more life insurers now recognize that banks possess powerful advantages including .
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.
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.
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).
The Commodity Futures Trading Commission recently approved two actions as part of its ongoing regulatory reform.
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.
IPO Market Looks To Broaden Its Base Historically, the IPO market has been tied to the same economic factors that .
Legislation regulating unsolicited e-mail, or "spam," must be designed to avoid dragging Internet service provider.
The Southern District of New York has rejected a claim seeking disgorgement of short swing profits, despite defe.
The International Organization of Securities Commissions has issued a report that contains recommendations for hed.
The United States Court of Appeals for the Fourth Circuit has affirmed an award of summary judgment in favor of de.
The SEC has proposed rules to enhance the effectiveness of investment company directors. The proposed rules would .
The Securities and Exchange Commission has issued cease and desist orders against three individuals for illegally .
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".
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.
Companies large and small are now realizing the many benefits of going "online." Although email may be the most .
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.
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.
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.
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.
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.
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.
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 Tétrault's recently established "New Economy" Practice Group.
Put those five words together and you should catch a fair amount of attention and possibly generate a fair amount of emotion.
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.
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.
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.
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.
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 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 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.
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.
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 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.
Answers to frequently asked questions prepared by the Federal Deposit Insurance Corporation (FDIC) about the listing and sale of FDIC owned real estate.
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.
Introduction McCullough & McKenty represents an internet activist who was sued in Pennsylvania for defamation .
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.
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.
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.
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.
In one of the most significant decisions yet to be rendered by a Court, a surgical registered nurse was.
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.
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?
Health care on the Internet has diversified and grown exponentially in the past two or three years. As hea.
The Internet has evolved into a significant forum for advertising and the transaction of business. Nascent compani.
In today's electronic environment, associations need to use e-mail's ability to connect members, staff, vendors, a.
A growing number of jurisdictions have concluded that lawyers may ethically use ordinary, unencrypted electronic m.
The worldwide web, that vast library with millions of readily available and indexed publications, as well as a spr.
This update reviews the question of whether an employee has a reasonable expectation of privacy in email, voice mail and the internet.
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.
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.
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.
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.
This article discusses the importance and legal distinctions under the ADA of providing universal access to web page content for people with disabilities.
The ease with which an online business can deal with customers in other states has a downside.
As I have observed before, the SEC is a juggernaut among regulatory agencies.
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.
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.
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.
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."
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").
I. Introduction For a U.S. manufacturer of tangible consumer products that wishes to begin selling its products w.
Many Internet users believe the system has an "ethic" of its own. Understandably so. These users regard cyberspace.
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.
On Sunday, October 1, 2000, while most of us were watching football and the closing ceremonies of the Sydney Olymp.
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
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.
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.
Analyzes how the First Amendment must be considered by anyone drafting regulations related to Internet gambling.
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.
The law frequently can't keep pace with technology, and the Internet is no exception. Other than on a handful of.
INTRODUCTION Lawyers today must use computers to compete effectively with other lawyers. Ten years ago, relativ.
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.
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 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.
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.
Recently, I have had a number of inquiries regarding tax credits and other incentives that may be available to smal.
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.
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.
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.
A. Road Shows on the Internet This memorandum briefly summarizes a no-action letter recently issued by the SEC.
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.
This article discusses the application of traditional contract law to online transactions.
Now that the Internet1 has become a part of the work environment, many employers have enacted a company policy gove.
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.
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.
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.
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.
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.
This article reviews several matters law firms should consider both prior to and after creating a website.
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.
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.
A summary of the various bills currently pending in Congress regarding existing privacy acts
This alert concerns a recent public workshop held by the FTC to address internet advertising "clear and conspicuous" requirements for certain advertising disclosures.
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.
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”
This Update covers internet tax policies, business method patents, and the use of meta tags and cookies in e-commerce.
This article helps identify some of the pitfalls that are often encountered when establishing a relationship with a website provider.
This reports looks into what copyright owners can do to protect their intellectual property on the Internet.
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.
?1998 wallstreetlawyer.com. All rights reserved. Reproduced with permission of Glasser Legalworks, 150 Clove Roa.
By Lori E. Lesser Simpson Thacher & Bartlett A version of this article appeared in Distributed Computing, Ma.
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article is forthcoming in wallstreetlawyer..
?1999 Distributed Computing, all rights reserved; reprinted with permission. The race to be first wi.
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article appeared in wallstreetlawyer.com, A.
Introduction The Internet, which links computers around the nation and around the world, poses unique opportunities.
Examined is the process by which individuals can request real estate-related information through the Freedom of Information Act.
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.
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.
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.
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.
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.
The use of e-mail in the workplace is growing at an exponential rate, with an estimated 20 mill.
This article summarizes a public company's risks as well as opportunities in disseminating investor relation information through the company's web site.
In a case of first impression in the District of Oregon, Judge Aiken ruled that defendants' interactive Internet We.
This article reviews the issues an internet company should examine when conducting business over the internet.
What do you do if, during your compliance activities, you discover an overpaymen.
E-mail is a staple of corporate culture. While e-mail has greatly increased the potential for better business comm.
This article provides an overview of the benefits of networking through the LawMarketing Discussion List.
Plaintiff sued Defendants for violation of the Lanham Act, contending that they were "passing off" Plaintiff's prod.
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.
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.
The Securities and Exchange Commission ("SEC") recently issued an interpretive release to provide guidance on t.
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.
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".
Tips from the Federal Communications Commission for businesses on how they can participate in the comments process.
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.
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.
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.
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.
Play a "Fanfare to the Common Man." Prior to the Gutenberg Press, there was only a Bible known by the various .
A brief description of technological methods to increase company credibility and improve e-commerce traffic.
When contracting with an independent web site developer, there are legal and operational issues to consider. Mr. Sax raises some of those considerations here.
Want to make a million? Just set up your Web page, get a merchant account to take credit cards, lay off your staff.
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.
Widespread access to the Internet in the workplace has opened up worlds of information .
On April 25, 2000, Maryland Governor Parris N. Glendening signed into law multiple pieces of legislation designed t.
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.
The Health Care Financing Administration ("HCFA") published its final regulation regarding the outpatient prospecti.
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.
This article details the emergent use of privacy statements in web sites and their effect on web commerce.
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.
”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.
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.
SEC Commissioner Laura S. Unger discusses some of the issues on the SEC's current agenda and he regulatory horizon.
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.
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.
This article reviews the different options available for an internet start-up when faced with bankruptcy as the company's only alternative.
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.
Though it is causing a sensationÃÂand consternation- MP3 does not spell the end of the music business as we know it.
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.
This article provides an overview of California's law regulating sales over the internet to a buyer in the state of California.
This publication provides answers to small business owners' frequently asked questions about compliance with the Environmental Protection Agency.
In 1996 the chemical and energy producer DuPont decided that in the spirit of corporate cost cutting, it needed to .