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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.
In other developments, the FTC announced on April 29 that it filed an action against an Australian company that the commission alleges is responsible for massive amounts of spam in the United States advertising products claimed to contain human growth hormone. FTC v. Global Web Promotions Pty Ltd., FTC File No. 042-3086, Civil Action No.: 04C 3022 (N.D. Ill. complaint filed April 28, 2004).
Also in April, the FTC issued regulations requiring sexually explicit commercial e-mail to include a subject line containing the words, “SEXUALLY-EXPLICIT: “. The regulations, which were to become effective May 19, were issued pursuant to the requirements of the CAN-SPAM Act. According to the commission, the proposed required mark includes a hyphen between the words, followed by a colon and a space, to distinguish the mark from ordinary messages containing the phrase making up the mark.
The text of the FTC rule regulating sexually explicit commercial e-mail is available at www.ftc.gov/os/2004/04/040413adultemailfinalrule.pdf.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
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.
In other developments, the FTC announced on April 29 that it filed an action against an Australian company that the commission alleges is responsible for massive amounts of spam in the United States advertising products claimed to contain human growth hormone. FTC v. Global Web Promotions Pty Ltd., FTC File No. 042-3086, Civil Action No.: 04C 3022 (N.D. Ill. complaint filed April 28, 2004).
Also in April, the FTC issued regulations requiring sexually explicit commercial e-mail to include a subject line containing the words, “SEXUALLY-EXPLICIT: “. The regulations, which were to become effective May 19, were issued pursuant to the requirements of the CAN-SPAM Act. According to the commission, the proposed required mark includes a hyphen between the words, followed by a colon and a space, to distinguish the mark from ordinary messages containing the phrase making up the mark.
The text of the FTC rule regulating sexually explicit commercial e-mail is available at www.ftc.gov/os/2004/04/040413adultemailfinalrule.pdf.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?