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Developments of Note
CAN-SPAM Update
The U.S. Attorney for the Eastern District of Michigan, in cooperation with the Federal Trade Commission (FTC), instituted the first criminal action under the federal CAN-SPAM Act. U.S. v. Lin, et al., No. 04-80383 (E.D. Mich. complaint filed April 28, 2004). Four individual defendants were arrested and charged with violations of the act and other federal laws based on the falsification of e-mail header information in an e-mail marketing scheme that involved false representations concerning diet products. The defendants are also named in a civil suit the FTC filed under CAN-SPAM. FTC v. Phoenix Avatar et al., FTC File No. 042-3084, Civil Action No. 04C 2897 (N.D. Ill. complaint filed April 28, 2004). The court in the Phoenix Avatar case issued a preliminary injunction against the spamming and froze the defendants' assets.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.