Developments of Note
November 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
Do Not Call List Is Not the Only Victor
November 01, 2003
After a furious round of litigation at the trial and appellate court levels, the national Do Not Call Registry emerged in mid-October intact and enforceable. In the first few weeks of the Registry's effective date, the FTC received over 50,000 consumer complaints. Commission officials midmonth were reviewing these complaints for patterns and repeat violators, and hoped through these efforts to be in a position to bring the first enforcement actions before the end of the year.
<i>SCO v. IBM</i>: Does the Copyright Act Pre-empt The GPL?
November 01, 2003
Open-source software is a key e-commerce building block. For example, Apache, the world's most popular Web-server software, is open source. A lawsuit filed this year threatens not only the Linux operating system, but also the open-source license under which it is made available. This article addresses one of the legal theories attacking that license.
Southern Wiretap Ruling May Affect New Yorkers
November 01, 2003
Because so many New York residents have strong ties to Florida and other southern states through second homes and relatives, New York family law attorneys should be aware that a recent decision in the U.S. Court of Appeals for the Eleventh Circuit has altered precedent concerning wiretap legality in Florida, Georgia and Alabama.
Where to File — New York or Connecticut?
November 01, 2003
Because Connecticut serves both as a bedroom community and a weekend haven for New Yorkers, New York matrimonial lawyers often find themselves required to make a judgment as to whether a matrimonial action can be brought in Connecticut and if so, which jurisdiction is more favorable to their clients. Connecticut's matrimonial jurisprudence, while similar to New York's, differs both substantively and procedurally at a number of significant points. Unfortunately, the similarities may create something of a trap for the unwary since, by and large, the differences between New York and Connecticut matrimonial law tend to be in the details rather than in the broad strokes. This article discusses a number of the most significant points at which the laws of the two jurisdictions come together or diverge.
Big Changes in Child Protection Policies?
November 01, 2003
On September 23rd, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals three questions for clarification whose answer could become of major importance to New York child-welfare professionals and the families they work with. The responses to these questions and the ultimate decision in this case could have a significant impact on the way in which children can be removed from homes where one adult has domestically abused another.
On the Job: Politics As Usual
November 01, 2003
Of the many skills useful to law firm marketing professionals, the one that we can learn best from our attorneys is the political art. Fact is, even the most adept marketer will find it difficult to develop traction for marketing programs at his or her firm without using a heaping helping of political acumen to build consensus and boost allegiance.
