e Commerce

Corporate Counsel |Expert Opinion

Real World Scenarios for the California Consumer Privacy Act

Kelly Wilkins | February 15, 2019

The California Consumer Privacy Act (CCPA) launches on Jan. 1, 2020. Businesses are wisely beginning to prepare. As we start looking at the practicalities, here are some potential real world scenarios and solutions to consider.

New York Law Journal |News

Death of Amazon Deal May Spark Legal Fights Over Real Estate Values, Attorneys Say

Andrew Denney | February 14, 2019

Amazon made the surprise announcement that it was passing on Long Island City for its HQ2 project in a news release, in which the company said “a number of state and local politicians have made it clear that they oppose our presence and will not work with us to build the type of relationships that are required to go forward” with the proposed project.

Daily Business Review |Commentary

Online Viagra? Glossy Startups Target Millennials

Marc I. Goldsand | February 12, 2019

These are online prescription drug retailers, selling targeted products like sildenafil (generic Viagra), which gives those with—ahem—performance difficulties, assistance in that area, or maybe minoxidil, a hair growth drug.

New Jersey Law Journal |News

Amazon Arbitration Clause No Help to Manufacturer in Consumer Class Action

David Gialanella | February 07, 2019

"Taking Defendant's position to its logical conclusion would mean that any person or company with any connection whatsoever to the transaction could demand arbitration for any claim tangentially related to the transaction," Judge Freda Wolfson said.

Daily Business Review |

Attorneys Assess Impact of Third DCA Ruling on Bitcoin Trading in South Florida

Zach Schlein | February 05, 2019

The appellate court's finding that bitcoin qualifies as a “payment instrument” could set a template for cryptocurrency regulation.

The Legal Intelligencer |Commentary

Should We Reimagine the EDRM From a Legal Design Perspective?

Tess Blair, Tara Lawler and Josh Rosenzweig | February 01, 2019

The EDRM is a useful visualization that walks through each step of the discovery process, and it is also a useful tool for analyzing discovery-related processes to identify needed enhancements and potential problems.

Daily Business Review |

Court Rules Bitcoin Qualifies as Money in Case of First Impression

Zach Schlein | January 31, 2019

The appellate court's opinion could open the door for cracking down on unregulated Bitcoin trading.

The Legal Intelligencer |Commentary

The Use of Technology to Reduce the Cost and Scope of E-Discovery

Dan Beaty, Lisa Goldstein and Kristopher Wasserman | January 30, 2019

Federal and state courts have weighed in and generally concur that e-discovery must be proportional to the matter. The question remains, what does that actually mean?

The Legal Intelligencer |Commentary

Legal Holds—Implementation and Oversight Are Key to Preserving Information

Matthew J. Hamilton and Donna L. Fisher | January 28, 2019

The implementation and oversight of a legal hold are crucial to preserve relevant information and avoid sanctions. Not only must counsel determine the appropriate scope of reasonable preservation of relevant evidence as tempered by proportionality to the needs of each case, they must effectively communicate that obligation and monitor their client's compliance.

The Legal Intelligencer |Commentary

Big, But Not Bad—Facebook Is Hardly a Predatory Monopolist

Carl W. Hittinger and Jeanne-Michele Mariani | January 25, 2019

While Facebook is arguably a big player in the social media realm, does that necessarily equate to branding it an illegal monopolist? The short answer is no as Facebook would need to be big and bad to flirt with an antitrust violation.

Daily Report Online |Analysis News

Weather Channel App Dilemma: When Is a Disclosure Really a Disclosure?

Frank Ready | January 15, 2019

The city of Los Angeles alleges the Weather Channel app does not adequately disclose its sale of geolocation data to third-party advertisers, raising questions on the expectations of consumers.

The Recorder |Analysis News

When Is a Disclosure Really a Disclosure?: Weather Channel App Sued Over Sale of User Location Data

Frank Ready | January 10, 2019

The city of Los Angeles claims the app does not adequately disclose its sale of geolocation data to third-party advertisers, raising questions on the expectations of consumers.

Legaltech News |Analysis News

Weather Channel Case Dilemma: When Is a Disclosure Really a Disclosure?

Frank Ready | January 10, 2019

The city of Los Angeles alleges the Weather Channel app does not adequately disclose its sale of geolocation data to third-party advertisers, raising questions on the expectations of consumers.

Legaltech News |News

Epiq Has A New CEO with Eyes Set On Overseas Growth

Frank Ready | January 09, 2019

On Wednesday, David Dobson was named as the new Epiq CEO, capping off a busy year for the expanding legal service provider as it begins to set its sights overseas.

Legaltech News |Analysis News

Privacy Becomes Focus for Small Businesses With Tight Cyber Budgets

Frank Ready | January 07, 2019

Law firms can help small or new businesses focus their limited cybersecurity budgets where they can do the most good. Privacy and compliance have emerged as key areas for those dollars.

The Legal Intelligencer |Commentary

Information Technology and the Law: How to Start Cleaning Up the Mess (Part 2)

Leonard Deutchman | January 03, 2019

In this column, we will complete our discussion of "Dittman" and address the pros and cons of using common law reasoning when addressing issues pertaining to digital devices and procedures.

The Legal Intelligencer |Commentary

Information Technology and the Law: How to Start Cleaning Up the Mess (Part I)

Leonard Deutchman | December 27, 2018

The integration of IT into all aspects of business and personal culture has created legal issues that are being addressed inconsistently or not at all.

Legaltech News |Analysis News

Privacy Laws Could Provide Blueprint for Approach to Facial Recognition Legislation

Frank Ready | December 12, 2018

Brad Smith, president of Microsoft, published a blog post calling for federal regulations on facial recognition technology. Existing statutes of privacy my have formed a basis for future legislation—but is that a good thing?

Daily Business Review |News

Bridge Point Riverbend Industrial Facility Gets First Tenant Thanks to South Florida Colliers Team

Lidia Dinkova | December 11, 2018

E-commerce fulfillment services company ShipMonk has signed a more than $10 million lease at the Fort Lauderdale industrial facility.

Legaltech News |Analysis News

U.S. Unlikely to Draw Much Inspiration from Malaysia's Cyrptocurrency Efforts

Frank Ready | December 05, 2018

Malaysia's finance minister Lim Guan Eng recently announced that the country would be unveiling regulations for cryptocurrency exchanges and initial coin offerings, but it probably won't have much impact on the United States' approach.

Legaltech News |Analysis

Apple Lawsuit Could Impact How Courts View Antitrust Cases

Frank Ready | December 03, 2018

The Supreme Court has heard arguments regarding Apple v. Pepper, and a decision could mean big things for the ways that manufacturers defend against antitrust suits moving forward.

International |News

Weil, Hughes Hubbard Advise on SoftBank Vision Fund's $2B Investment in Korean E-Commerce Giant

John Kang | November 21, 2018

SoftBank Group made an initial investment of $1 billion in the company back in 2015.

Legaltech News |Analysis News

Smart Contracts May Have Weaknesses. This Tool Helps Find Them

Frank Ready | November 21, 2018

NRI Secure Technologies released a blockchain security monitoring service that includes a tool by ConsenSys Diligence allowing users to scan smart contracts for vulnerabilities.

Law.com |

Critical Mass: Judge Greenlights $300 M in Fees in Currency-Exchange Price-Fixing Case. Plus, Complaint Alleges Online Retailer Spied on Shoppers.

Amanda Bronstad | November 14, 2018

Litigation over banks' pricing of currency trades involved several hundred attorneys working over the course of five years, resulting in what the plaintiffs claim is the third largest antitrust class action settlement in history.

Legaltech News |Analysis News

Data and Advertising Companies Want 'New Paradigm' of Privacy Regulations

Frank Ready | November 14, 2018

The Coalition of Advertising, Software Media and Data Associations is advocating for a federal cybersecurity standard that represents a 'new paradigm' in data security regulation.

The Recorder |Q&A

Next Generation Women Leaders in Tech Law 2018: Alisa Hall, eBay Inc.

Ross Todd | November 12, 2018

Hall, whose duties touch upon everything from tax to privacy, counts the "constantly changing" landscape a plus of working in the tech sector.

The Legal Intelligencer |Commentary

Can the Law Keep Up With the Internet of Things?

Jeffrey N. Rosenthal and Thomas F. Brier Jr. | November 02, 2018

In 1999, renowned inventor and self-described futurist Ray Kurzweil—now director of engineering at Google—published "The Age of Spiritual Machines," in which he proposed a formula for calculating the rate of change in evolutionary systems.

Legaltech News |News

Enforcement Questions Remain as Vietnam Prepares to Implement Data Localization Law

Victoria Hudgins | October 29, 2018

Vietnam's cybersecurity law, set to go into effect in January 2019, requires any online service provider that collects, analyzes or processes Vietnamese users' personal data to host that data, and have a physical office, in the country.

Legaltech News |

Bloomberg Law Debuts New Attorney Analytics Tool to Better Evaluate Outside Counsel

Frank Ready | October 26, 2018

The new Attorney Analytics tool will provide stats on over 100,000 lawyers, from companies and cases they've represented in court to their biographical information.

Litigation Daily |Commentary

Daily Dicta: Quinn on Top in Alibaba Trademark Spat

Jenna Greene | October 24, 2018

How does a company that's based in China and incorporated in the Cayman Islands go after an upstart working out of the United Arab Emirates and Belarus—in a New York court? The answer: Carey Ramos.

The Legal Intelligencer |Commentary

The 'New NAFTA' and How It Will Affect Intellectual Property Law

Lawrence E. Ashery | October 23, 2018

First it was Mexico that agreed to a new trade accord with the United States. Less than one week later, Canada joined the agreement as well. With that, the stage is set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.

Corporate Counsel |News

'The Dance of Being a Tech Lawyer in E-Commerce': A Q&A With Etsy's GC

Kristen Rasmussen | October 18, 2018

Etsy's GC discusses how she navigates the ever-changing world of e-commerce and internet law and promotes diversity and inclusion within Etsy's nearly 25-person legal department.

The Legal Intelligencer |Commentary

Consumer Class Actions Dealt Significant Blow by NJ Supreme Court

Hillary Weinstein | October 11, 2018

For many plaintiffs lawyers practicing in New Jersey, the N.J. Truth-in-Consumer-Contract, Warranty and Notice Act (TCCWNA) ,colloquially pronounced “TIC-wa-na”) had, until recently, provided a way for consumers in class actions to add a count to an already-existing action under the Consumer Fraud Act (CFA).

Daily Business Review |

In Miami, Dark Web Trafficker Forfeits About $700,000 in Bitcoin and Bitcoin Cash

Zach Schlein | October 10, 2018

French national Gal Vallerius pleaded guilty to charges of engaging in a conspiracy to distribute narcotics and money laundering before U.S. District Judge Robert N. Scola Jr. in June. Vallerius was sentenced to 20 years in prison on Tuesday.

Litigation Daily |News

Law Profs Argue Trump as President Is Not Exempt from Civil Litigation

Dan M. Clark | October 09, 2018

A group of law professors who argued two decades ago that former President Bill Clinton should not be immune to a civil lawsuit in federal court are now asking to make the same argument against President Donald Trump in New York Attorney General Barbara Underwood's lawsuit against the Trump Foundation.

Daily Business Review |Commentary

Website Accessibility Landscape Continues to Lack Clarity as Businesses Await Guidance

Kristen D. Perkins and Paige S. Newman | October 09, 2018

Article III of the Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in the full and equal enjoyment of public accommodation. When a website is considered a place of public accommodation, the website must be accessible to people with disabilities.

The Recorder |Analysis

Will the State's New Bot-Outing Law Be More Than Just Tough Talk?

Frank Ready | October 05, 2018

Gov. Brown signed a new law prohibiting the use of deceptive bots to sell goods and services or influence election, but some think enforcement may be a struggle.

Legaltech News |News

Will California's New Bot Law Be More Than Just a Statement?

Frank Ready | October 05, 2018

California passed a new law prohibiting the use of deceptive bots to sell goods and services or influence election, but some think enforcement may be a struggle.

New Jersey Law Journal |Analysis

Who Gets the Bitcoin in the Divorce?

Bari Z. Weinberger | October 04, 2018

In divorce in 2018, there is a new asset in town, and it's one that comes with considerable controversy and confusion.

Daily Business Review |Commentary

Foreign Sellers Beware: Cloud-Based Sales May Justify Personal Jurisdiction

Ruben Conitzer and Brian Wilson | October 03, 2018

In a recent decision, Plixer International v. Scrutinizer GMBH, Case No. 18-1195 (1st Cir. 2018), the First Circuit Court of Appeals ruled that exercising personal jurisdiction over a foreign company with no American physical presence, but that maintains an interactive website accessible in the United States, complies with the requirements of the Due Process Clause.

The Legal Intelligencer |Commentary

Make Business Divorce Easier—Spell Out Duties in Operating Agreement

Edward S. Robson | September 20, 2018

Closely held companies are like marriages but without the sex or kids to hold things together. And just like some marriages, closely held companies can fall apart. Sometimes these “business divorces” and the painful litigation they generate are inevitable.

International |Event

Winners Announced for China Law & Practice Awards 2018

China Law & Practice | September 13, 2018

Skadden, Arps, Slate, Meagher & Flom and Shanghai-based Fangda Partners are among the top winners of the 12th annual event honoring the leading firms and lawyers on China-related matters.

The Legal Intelligencer |Commentary

Suing a Foreign Manufacturer? You May Need a Translator

Paola Pearson | September 07, 2018

If you have never litigated a case with a foreign corporation as a named party, you may be surprised to learn that the Federal Rules of Civil Procedure do little to assuage the language barriers you are likely to encounter along the way.

The Legal Intelligencer |Commentary

Facebook Evidence Authentication: Another 'Boring' E-Disco Opinion (Part I)

Leonard Deutchman | August 30, 2018

In Commonwealth v. Mangel, the Pennsylvania Superior Court affirmed the trial court's order barring admission of evidence purportedly coming from the Facebook account of defendant Tyler Kristian Mangel.

The Recorder |News

Sugar Dating Site SeekingArrangement.com Goes After Alleged 'Extortion' of Exposed Users

Caroline Spiezio | August 17, 2018

The suit claims that users of the site have had their photos and identities posted on PredatorExposed.com and PredatorAlerts.com, alongside allegations that they had attempted to pay for sex or made sexual advances to minors.

The Legal Intelligencer |Commentary

Deep Data Visualization Key to Unlocking Meaning in E-Discovery

Jonathan Snyder | August 16, 2018

Want to understand which pieces of data really matter? It's time to ditch the pie charts and bar graphs.

The Recorder |News

StubHub, Quinn Defeat Defend Trade Secrets Act Claim

Scott Graham | August 13, 2018

U.S. District Judge Stephen Wilson finds that none of the computer code used in eight StubHub apps was a protectable trade secret of Calaborate Inc.

New Jersey Law Journal |Analysis

General Data Protection Regulation Internet Cul-de-sac Compliance Option

Jonathan Bick | August 08, 2018

The GDPR is a set of European Union data protection and privacy regulations that apply to American e-commerce with European customers, and that designate European individuals as legal owners of their personal data. Enforcement of the GDPR began on May 25.

Corporate Counsel |

Agile Compliance Enabling Innovation at Walmart.com

Lance Lanciault | August 07, 2018

Your compliance program should look ahead for potential issues, writes Lance Lanciault, SVP and chief ethics and compliance officer for Walmart eCommerce.

The Legal Intelligencer |Commentary

Navigating Immigration Considerations in M&A Transactions

Patricia E. Farrell and Joel Pfeffer | July 26, 2018

Attorneys tasked with managing international mergers and acquisition (M&A) deals are faced with a myriad of challenges, involving company finances, management principles, foreign regulations and cultural differences.

The Legal Intelligencer |Commentary

Cellphone Tracking, Privacy and Technology: Losing Focus on the Fourth Amendment (Part I)

Leonard Deutchman | July 26, 2018

In Carpenter v. United States, No. 16-402 (S.Ct. June 22, 2018), the U.S. Supreme Court held that the Fourth Amendment prohibited the government from using the Stored Communications Act, 18 U. S. C. Section 2703(d) (the SCA), to obtain from wireless cellphone carriers the “time-stamped record known as cell-site location information (CSLI),” which records (as explained below), created over time and saved, can, when looked at together, provide a picture of the public movements of the cellphone user.

New Jersey Law Journal |Analysis

SCOTUS Brings State Tax Laws in Line with 21st Century Life

Matthew S. Rheingold | July 26, 2018

The U.S. Supreme Court has overturned 26 years of precedent in the landmark decision of 'South Dakota v. Wayfair.' Online retailers may now have to collect sales tax even in states where they don't have a physical presence.

Daily Business Review |

Who Is Satoshi Nakamoto and Could a South Florida Case Unmask the Enigmatic Bitcoin Creator?

Zach Schlein | July 24, 2018

Although Craig Wright once claimed to be Satoshi Nakamoto, the elusive inventor of bitcoin, South Florida attorneys seem reluctant to buy into the narrative.

Daily Business Review |Infographic

Illustrated: A Look at the Numbers Behind the $11B Bitcoin Suit

Zach Schlein | July 24, 2018

The $11 billion being asked for by the estate of Dave Kleiman in a South Florida court isn't the only staggering number in their lawsuit against Australian entrepreneur Craig Wright.

{kicker!}

Daily Business Review |News

SLIDESHOW: Meet the Miami Heavy Hitters Handling $11B Bitcoin Case

Zach Schlein | July 24, 2018

With billions of dollars at stake, some of the most prominent names in Miami law are representing the parties in a case concerning the origins of bitcoin.

Daily Business Review |News

Avison Young Closes $7.7 Million Loan for Central Florida Shopping Plaza Buy

Lidia Dinkova | July 24, 2018

The Tri-Cities Shopping Plaza has a TJ Maxx and a Ross Dress for Less among the tenants.

The Legal Intelligencer |Commentary

Courts Dial Back Autodialer Definition Following 'ACA International'

Ana Tagvoryan, Jeffrey N. Rosenthal, Alen H. Hsu and Matthew P. Rubba | July 23, 2018

The TCPA was passed to strike a balance between protecting the privacy of individuals, while still permitting legitimate telemarketing practices. In modern times, however, the TCPA has been expanded well beyond its intended purpose and scope.

Daily Business Review |Commentary

Supreme Court's Tax Decision Creates Just as Many Problems as It Solved

Howard W. Gordon and Carlos A. Lievano III | July 23, 2018

The Supreme Court's decision on June 21, 2018, South Dakota v. Wayfair, Inc., No. 17-494, 583 U.S. __ (2018), removed the physical presence rule in favor of an analysis that is better aligned with our modern commerce clause jurisprudence.