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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
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.