Spitzer Files Spyware Suit
May 25, 2005
New York Attorney General Eliot Spitzer sued a major Internet marketer last month, blaming it for secretly installing software that delivers nuisance pop-up advertisements and can slow and crash personal computers.
Net News
May 25, 2005
Recent developments of note in the Internet industry. This month:<br>MPAA Targets TV Download Sites <br>Yahoo Sued over Child Porn Site <br>Star Wars' Sith Victim of Internet Sieve<br>Microsoft, Massachusetts Target Spammers in Lawsuit <br>2004 Internet Ad Rev Surpasses Dot-com Boom Levels
Canada Strikes at Spam
May 25, 2005
Canada's national spam task force delivered its report on May 17 to Industry Minister David Emerson. <i>Internet Law & Strategy</i> Board of Editors member Michael Geist was a member of the task force and served as the co-chair of the law and regulatory working group. This article discusses the task force's report, recommendations and impact.
Internet Law and Charities
May 25, 2005
Historically, states, not the federal government, have been responsible for regulating charities. State regulation is designed to protect consumers from fraud and abuse. The federal government's role is generally limited to providing tax incentives that inure to the benefit of valid charities.
Quarterly State Compliance Review
May 25, 2005
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect -- or that was introduced…
Time to Check Your Director and Officer Insurance Coverage
May 25, 2005
It has become clear that not all D&O insurance coverages are created equal, and in many instances, your policy may not provide the coverage that you count on. Clearly, in recent years, liability exposure for corporate directors has significantly increased. Earlier, outside directors not only were thought to be shielded by the application of the business judgment rule, but also protected by liability exculpation provisions contained in articles of incorporation, indemnity provisions providing up to the maximum allowed by state law (and in many instances individual indemnification contracts), as well as D&O insurance coverage on top of or to supplement or fund those protections. The erosion of protection not only for outside directors but also directors and officers generally, is a direct result of the corporate scandals that have erupted over the last several years, in one case creating the largest corporate bankruptcy in history, all due in large measure to fraudulent activity on the part of some.
Is SOX Worth It?
May 25, 2005
With the imminent phase-in of the SEC rules implementing Section 404 of the Sarbanes-Oxley Act of 2002 (SOX), which requires public companies to issue a management report and submit auditor attestation regarding the adequacy of the company's internal controls over financial reporting, the public debate over the cost-benefit analysis of SOX has intensified. The Sarbanes-Oxley Act and its implementing rules have provoked much controversy in their attempt to strike the right balance between protecting investors and unnecessarily cannibalizing scarce corporate resources owned by those same investors. While the SEC has historically offered concessions to smaller public companies due to the relatively higher regulatory burdens placed on them, it remains to be seen whether the SEC will continue to be sensitive to the burdens on smaller public companies in the implementation of SOX.
