Managing Online Privacy
October 01, 2003
e-Commerce has grown faster and larger than anyone could ever have predicted. By its nature, e-commerce is intricately linked to consumer privacy, and privacy concerns are at an all-time high. Privacy concerns will only continue to grow along with e-commerce. Having the best technology is no longer the key to success in the online world. e-Businesses that take consumer privacy seriously will leave their less-responsive competitors behind. And at a time when identity theft is a common occurrence and major concern, consumers are demanding reliable and trustworthy relationships from e-vendors.
The Seven Deadly Sins of e-Mail
October 01, 2003
We've all heard horror stories about e-mails that have become trial exhibits - blown up on giant placards or projected on a large screen in front of a jury. The earnest words your client typed in private suddenly take on unforeseen importance when, months or years later, a dispute develops and a trial is held. Like a major league pitcher who releases a hanging curveball to the reigning home-run champ, your client would probably like to "take back" an e-mail that bashes a client, admits incompetence or pitches pent-up emotions in a cathartic rage. <BR>We need not, however, simply succumb to the temptation of e-mail. e-Mail mistakes can be avoided. Clients just need to be educated on how to prevent e-mail mistakes. Although common sense can't be taught, several specific types of e-mailing behavior should be avoided. E-mailers commit what we'll call here the Seven Deadly Sins of e-Mail. While it's unlikely we'll all steer completely clear of these sins, all e-mailers should make every effort to avoid committing the Seven Deadly Sins.
Developments of Note
October 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
Selecting a Winning Web Hosting Relationship
October 01, 2003
Ultimately, the success or failure of an e-commerce Web site is determined by how carefully its owners select a hosting provider. <BR>With thousands of hosting firms from which to choose, hosting-services consumers often learn the hard way that they should have been wary - by experiencing poor service and performance, unforeseen costs and, the ultimate risk, failure or unadvertised acquisition of their hosting provider.
ASCII: The 8-Track of Electronic Transcript Technology?
October 01, 2003
The legal industry is known as one resistant to change. For instance, many legal professionals still consider Word Perfect 5.1 as the word processing "Mecca." The same can be said of receiving transcripts electronically; the standard for transcripts in many lawyers' minds is ASCII. The use of this antiquated format for transcript distribution led to the innovation of technology to better control how transcripts are viewed. Now, greater benefits are available to both the transcript author and the customers who use this technology for transcript dissemination and viewing. Just as DOS was replaced with Windows, improved electronic transcript technology has supplanted the use of ASCII transcripts.
Feeding the Beast: Improving Time-tracking
October 01, 2003
After all the sophisticated analysis and strategies are stripped away, the key to a successful law practice often comes down to getting the fundamentals right. Just as the success of a baseball team ultimately depends on the proper execution of "throw, catch and hit," so too law firms have to facilitate the execution of those processes which are fundamental to the firm's business. The time-tracking process is the one law firm fundamental that has proven to be the most resistant to improvement. Yet, this tradition-bound process can most benefit from a fresh all-inclusive approach.
Product ReviewOmega Legal: Zero to ROI in 30 Days
October 01, 2003
For a new firm having limited experience with the inner workings of time and billing systems, the inclination would be to find a system offering the most features for the least amount of money. In fact, that's the route our consultant suggested we take. But what we really wanted was a system that supported our most critical business needs: accurate and timely billing with single-click review of fees and hours billed and realized.
Online
October 01, 2003
LexisNexis has a new service it calls "CourtLink" <i>(www.Courtlink.com)</i>. In <i>"Avoiding Ambush: Tips for the Successful Preparation and Presentation of Witnesses,"</i> August 2003 Product Liability Law & Strategy,author Kimberly D. Baker, Esq. suggested using Courtlink to ambush key adverse witnesses by "finding the dirt" on them through searching for divorce proceedings, custody issues, probate proceedings, property disputes, other business disputes and criminal matters such as driving under the influence of alcohol or acts of violence.
An Unexpected Evidentiary Battleground: The 'Causation' Element in Consumer Protection Claims
October 01, 2003
Ordinarily, the focus in a product liability case is on the defendant-manufacturer's duty to design and manufacture a safe and useful product and to warn adequately of any risks associated with its use. But an interesting and unexpected battleground can arise from a tag-a-along consumer protection claim. Here is the scenario: Plaintiff, in an individual action, sues defendant-manufacturer for injuries allegedly sustained in connection with the use of defendant's product. Plaintiff sues under traditional product liability theories as well as under the state's consumer protection statute, which proscribes deceptive and misleading trade practices. In particular, plaintiff alleges a consumer fraud has occurred because she has been injured by a product that, she claims, had been sold in connection with deceptive sales practices; in this case, certain allegedly false or misleading advertisements.
