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Proactive Fraud Prevention
Way back in the 80s, companies in the U.S. Defense industry determined that it was in their best interests to band together and develop the Defense Industry Initiatives as a method to police themselves during a time when their industry was fraught with fraud and corruption. As an aftermath, ethics and compliance programs have been developed and implemented by the majority of U.S. companies. To further entice companies to establish an effective and proactive program designed to detect and, to the extent possible, prevent violations of law The Federal Sentencing Guidelines for Organizations, passed in November 1991, rewards these companies with relief when sentenced for violations of law.
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Regulatory Developments
The latest on what you need to know.
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Cases in Court
Recent rulings of importance to your practice.
Creating Private-Sector Standards of Conduct
Whether certain conduct is a crime depends on more than legislatures, judges, and juries. When prosecutors decide whether, whom, and what to charge, the policies underlying their decisions create operative standards of conduct. So, too, do those of agencies administering regulatory programs backed by criminal sanctions. But what about the private sector? Sensible standards of conduct articulated by trade associations can and should play a substantial role in drawing the line between acceptable business practices and bad conduct that can be subject to criminal sanctions.
Embracing Extranets Private Web Sites Serve as Useful Collaborative Tools
Circa 1999, many law firms became accustomed to conducting much of their day-to-day work via e-mail. E-mail, however, has more than its share of shortcomings. For starters, it does not afford the security and confidentiality most clients want in their communications with attorneys and in the exchange of potentially sensitive files. Likewise, e-mail is ill-suited for document collaboration. Trying to track comments from different participants on a given document through a long string of e-mail dialogue while maintaining some notion of version control poses a significant challenge.
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Cybergriping: Ripping a Firm Online
Few things can be more annoying for a corporate client than "cybergriping," the practice of using an Internet "complaint name" ' typically the client's trademark followed by the phrase "sucks.com" ' that is devoted to criticism of the company. <I>The Taubman Co. v. Webfeats</I>, decided in February, is the first Court of Appeals decision to address cybergriping. It continues the trend of several district court opinions that have taken a tolerant approach to the practice, at least where it is not engaged in by competitors or for commercial purposes.
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Panel Revives Case Over Domain Name Registry
A recent decision by a Manhattan appeals court could clear the way for a class action lawsuit against the Internet's second-largest domain-name registration company for its past advertising practices.
Why Grokster Stands Where Napster Fell
In a landmark decision issued on April 25, 2003, a federal district judge in Los Angeles rejected claims that two leading decentralized, peer-to-peer (P2P) networks were liable for copyright infringement. The court quashed the request of motion picture and recording industry associations, professional songwriters and music publishers to shut down the Grokster and StreamCast Networks, two companies that distribute free, P2P software allegedly used for the exchange of copyrighted music, movies and other digital media over the Internet.
Spam-Related Class Actions Are on the Horizon and the U.S. Government Could Be a Defendant
Bulk, unsolicited, commercial e-mail ' spam ' is generally recognized as an undesirable, harmful nuisance and responses, including traditional litigation, have been less than effective. A spam class action against the U.S. government, Internet Service Providers and others who facilitate spam may be appropriate. By retarding Internet communication speed, spawning fraud, trespassing chattel and violating the Computer Fraud and Abuse Act, spam causes or contributes to a wide variety of problems for network administrators, businesses, other organizations and individual users of the Internet.
Case Notes
Highlights of the latest product liability cases from around the country.
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