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e-Commerce Docket Sheet
No CAN-SPAM Claims When ISP
Cannot Show Real Adverse Effects
A private plaintiff that brings claims under the CAN-SPAM Act must show that it is an Internet-access service that has experienced an 'adverse effect' and must make a showing of significant adverse harm to establish standing. Brosnan v. Alki Mortgage, LLC, No. 07-4339 (N.D. Cal. Feb. 13, 2008). The court dismissed the plaintiff's complaint sua sponte for lack of standing, with leave to amend and re-file, commenting that a CAN-SPAM plaintiff cannot 'merely pray for monetary damages to be established at some later point.' The court ruled that these adverse effects must rise to a significant level of harm unique to an Internet-access service beyond 'the inconvenience of having to deal with an inbox full of spam,' including losses related to bandwidth, hardware, Internet connectivity, network integrity and overhead costs.
Court Says Departing Worker's
Computer Access No CFAA Breach
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.