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When Legal Spam Isn't Spam
Did you recently receive an e-mail demanding that you 'Visit our Web site for an important change in your account terms' (as was stated in a recent message not long ago from a cell-phone service provider)?
Certainly that doesn't seem like the typical spyware or spam message that urges you to 'Click here' for money or prizes, does it? An 'important change in account terms' just doesn't have the sex appeal of a lottery prize, a vacation, a starlet in some stage of undress, or any of the many e-mail come-ons that clutter everyone's Inboxes today. In fact, it isn't even a user-friendly solicitation ' there is no long link of numbers and letters to click on to see the notice; instead, the recipient must independently locate the Web site address. Once on the site, he or she must find the 'terms and conditions' announcement to read and ' if he or she gets that far ' understand it. All this is unlike the typical virus or Trojan horse, when all it takes is a single unwary click to launch a nefarious program.
Yet these demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' Douglas v. Talk America, Inc., No. 06-75424 (Ninth Cir., July 18, 2007). In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.