Should Auld e-Commerce Be Forgot?
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
e-Battling Demons and Other Woes
December 21, 2007
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
The Best of MLF 2007
December 21, 2007
In 2007, we learned a lot from myriad authors and our fabulous regular columnists. As with past practice, I am going to give our readership the pleasure of having the opportunity to enjoy reading one article from each of the past 12 months. In this issue we will feature January up to and including July. The February issue will continue highlighting one article from each of the August to December issues.
'Sorry Works' -- or Does It?
November 27, 2007
Sacred cows make great steaks, as one wit quipped. The usual way of doing things is being stood on its head and, in the realm of medical malpractice claims at least, is being replaced in many cases by fresh approaches and claim resolution templates. Specifically, historical norms of adversarial claim approaches are being supplanted by 'apology programs,' which receive increasing interest and publicity.
Two Firms from the Top 20 of the Third Annual MLF 50
November 27, 2007
While this year's rankings were not heavily weighted on advertising and visual communications, I would be remiss if I didn't highlight two firms that did use visual communications to effect image and change. Herein, Thompson & Knight LLP, and K&L Gates.
Online Sweepstakes And Contests As Promotional Devices
November 26, 2007
Online sweepstakes and contests are well known devices that traditional and e-commerce firms and related operations frequently use to promote their products and services. While these tools of the online-promotions and online-marketing trade offer the promise of a cost-efficient way to target interested consumers and create a great deal of buzz, they are hardly trouble-free, and a myriad of traps await the unwary. The attorneys general of several states closely regulate and monitor sweepstakes and contests, and failure to conduct promotional and marketing campaigns properly can result in enforcement actions and consumer lawsuits, so be sure to operate a sure thing instead of taking a gamble.
Online Sweepstakes and Contests As Promotional Devices
November 26, 2007
Online sweepstakes and contests are frequent devices used to promote companies and their products and services. While these tools of the online promotions and marketing trade offer the promise of a cost-efficient way to target interested consumers and create a great deal of buzz, they are hardly trouble-free and myriad traps await the unwary. The Attorney Generals of several states closely regulate and monitor sweepstakes and contests and failure to conduct the campaign properly can result in regulatory enforcement actions and consumer lawsuits.
Physical Data Security, Management and Destruction for Legal IT Professionals
October 29, 2007
One of our major concerns has always been the security of our clients' sensitive data. Recently, there have been stories in the news about data media getting lost or exposed, often with damaging or embarrassing consequences. Backup tapes, hard drives, CDs and other sources contain exponentially more data than a box of paper, so we have had to become very focused on how these data storage devices are tracked, stored, managed and disposed of when the time comes. Now that storage is so inexpensive, more data is sitting on a single disk or drive. New terabyte disk drives are setting a new standard for capacity ' but they also send up a huge red flag for risk. What if one terabyte hard drive was to fall into the wrong hands? Imagine the fallout and liability to which a law firm could be vulnerable.
HELP! Communicating During a Crisis
September 27, 2007
No company, bricks-and-mortar or e-based, is immune to crisis ' so no company should be without some kind of plan to communicate in the midst of that crisis. Organizations with good plans in place will weather crises far better than those that have none ' or those whose principles believe that not communicating will insulate them in some way from the effects of the crisis.
When Real Estate Isn't Real
September 27, 2007
For years, e-commerce writers have distinguished the 'bad, old bricks-and-mortar' world from the 'new and improved' e-commerce economy. But recently, the marketing, purchase and sale of real estate have all begun to join online.
