Defining Political Spam
February 24, 2005
The Internet has radically altered the nature of communication in the United States. Its effects on the American political campaigns are dramatic, as demonstrated during the most recent political campaign season where it played a decisive factor in several election victories. The Internet offers candidates the opportunity to contact a million votes for about $100 when using unsolicited bulk e-mails, often called spam. Under the First Amendment, political spam is generally lawful; however its use as a fundraising and other specific types of communication may cause legal difficulties. <br>By sending out unsolicited bulk e-mails, candidates sent information to millions of voters with the click of a button. Some see political spam as another nuisance, no different than commercial spam or junk mail. Others find political spam to be a form of speech. In particular, they find political spam to be protected speech.
A Picture May Be Worth A Thousand New Clients
February 24, 2005
People say a picture is worth a thousand words, but Mountain View, CA-based Stratify Inc. is hoping that a picture may well be worth new clients, too. To that end, the e-discovery software firm launched its next-generation suite ' Stratify Legal Discovery 5.0 ' at the recent LegalTech 2005 show in New York.
Franchise Litigation: 10 Cases That Changed the Landscape in the Past Decade
February 24, 2005
<i>Armstrong Business Services, Inc., et al., Appellants v. H & R Block, et al.,</i> Bus. Franchise Guide (CCH) '12,485, 96 S.W.3d 867 (Mo. App. 2002). The Armstrong case involved H&R Block franchisees who sued their franchisor for, among other things, encroaching upon the franchisees' territories through the franchisor's Internet business. H&R Block then filed a counterclaim, alleging that all of the franchisees' franchise agreements were terminable at will by Block.
Court Watch
February 24, 2005
Highlights of the latest franchising cases from around the country.
Markmatching: A Legal Primer On Using Trademarks For Contextual Advertising
February 24, 2005
Consider this tempting business scenario: Your e-commerce marketing manager has a new, and effective, method to drive traffic to the company Web site ' purchase your competitors' trademarks as keywords to match Internet users' searches to a "sponsor" listing for your company. The sweet spot of the proposal is that as a sponsor, your listing will appear before all other relevant search results. That will give your company an advantage over competitors. <br>So, do you tell your manager to purchase third-party trademarks as keywords? And how have the courts dealt with this situation in this country and abroad? Most important in advising e-commerce clients, though, is this consideration: How can you reduce risks associated with buying third-party trademarks as keywords?
Pre-Answer Security: Regulatory Protection for Policyholders in an Age of Insecurity
February 24, 2005
When corporate policyholders sue their insurers, the roster of defendants often includes an "unauthorized" insurer, whether it be Lloyd's of London (which is licensed in only two states, though it writes as an eligible surplus lines insurer in some or all of the other states), a London Market Company, or a domestic insurer not licensed to sell insurance in the state where suit was brought. Such insurers have avoided many of the stringent state regulations that govern "authorized" insurers. But in the majority of states, those insurers are subject to a <i>quid pro quo</i> in exchange for enjoying relaxed regulation: Unauthorized insurers (whether foreign or domestic, "eligible" as surplus lines carriers or not) are subject to a pre-Answer security requirement. That is, before they may answer a Complaint against them, unauthorized insurers must post cash, securities, or a bond sufficient to satisfy any judgment that may be entered against them.
Book Review
February 24, 2005
Richard Jacobs, QC, Lorelie S. Masters, and Paul Stanley, <i>"Liability Insurance in International Arbitration — The Bermuda Form"</i> Hart Publishing (2004)It's exciting to find something entirely new and innovative. That's how I feel about the treatise by Richard Jacobs, Lorelie Masters and Paul Stanley, <i>"Liability Insurance in International Arbitration — The Bermuda Form."</i>
The TAP Pharmaceutical Acquittals
February 24, 2005
In 2001, the U.S. Attorney in Boston charged TAP Pharmaceutical Products Inc. (TAP) with conspiring to provide urologists with thousands of free samples of Lupron', for which the doctors billed Medicare and their patients. In order to survive and continue selling its blockbuster product for advanced prostate cancer, TAP made a reasoned decision to pay the government $885 million to resolve both civil and criminal charges. With this resolution, Boston's talented federal prosecutors continued their remarkable success in bringing major pharmaceuticals to their knees and reaching landmark settlements.
Court Watch
January 28, 2005
Highlights of the latest franchising cases from around the country.
New China Franchise Regulation
January 28, 2005
The world's most populous country, China, is opening its door to foreign franchisors, in accordance with its WTO commitments. To accommodate this new reality, the Chinese government has published a new franchise regulation. On Dec. 31, 2004, the Ministry of Commerce ("MOFCOM") published Measures for the Regulation of Commercial Franchise Operations (the "Measures").
