e Commerce

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.

News

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.

The Legal Intelligencer |

Leveraging Corporate Governance to Manage Threats to Cybersecurity

Fred E. Karlinsky, Richard J. Fidei and Jamey Zellner | July 21, 2018

Cybersecurity remains one of the biggest concerns facing the insurance industry. While all levels of operation within an organization are responsible for cybersecurity, recent litigation and regulatory action have demonstrated that the ultimate responsibility for enacting a company's cybersecurity rests with the board of directors.

New Jersey Law Journal |News

Amazon Workers' Suit Seeks Easier Path to Overtime Pay

Charles Toutant | July 20, 2018

A putative class action in federal court claims that workers' unpaid lunch breaks and time spent in end-of-shift security checkpoints should count toward the 40-hour weekly threshold they must reach before collecting overtime pay.

The Legal Intelligencer |Commentary

The Internet of Things: Are Government Regulation Efforts Too Little, Too Late?

Gwenn B. Barney | July 20, 2018

The Internet of Things consists of physical items that collect information through sensors or chips and then share that information with other devices through the Internet or other networks.

International |News

Skadden, Kirkland Advise on Tencent-Backed Chinese Group Discounter's $1.6B US IPO

John Kang | July 20, 2018

King & Wood Mallesons and Jingtian & Gongcheng are acting as Chinese counsel on the proposed listing, which values the three-year-old startup at some $21 billion.

The Legal Intelligencer |Commentary

Managing Law Firm Cybersecurity Risk: Tips to Stay Secure

Eamon Merrigan and Jason Rubin | July 19, 2018

Who's minding the store—of information? In a law firm, decisions must be made constantly or nothing would get done. You've made countless decisions on what type of law to practice, your location and who to hire.

Daily Business Review |News

Hellmann Worldwide Logistics Sells Doral HQ for $43M With CBRE Guidance

Lidia Dinkova | July 17, 2018

The German logistics giant will keep its headquarters in the same Doral building and lease it for at least 10 years.

Daily Business Review |Commentary

Florida's Attorney General Is Putting 'Tech Support' on Life Support

Jeffrey C. Schneider, Stephanie Reed Traband and Marcelo Diaz-Cortes | July 12, 2018

Since the early days of the internet, web-surfers have dealt with the annoyance of pop-up ads. Some pop-ups, however, do more than just annoy. Some serve a very specific function: to trick you into believing your computer is infected with malware and use that fear to sell you worthless “tech support” and software.

The Legal Intelligencer |Commentary

The GDPR and Changes to E-Discovery Vendor Agreements (Part 2)

Leonard Deutchman | July 05, 2018

As discussed in last week's column, the European Union's General Data Protection Regulation (GDPR) is affecting e-discovery vendor agreements.

The Legal Intelligencer |Commentary

Protecting Personal Data Under the GDPR: From Asset to Liability

Edward T. Kang | July 05, 2018

A recent Facebook commercial talks about how great Facebook was when it first came into our lives. It then talks about how bad Facebook became recently (“fake news,” “spam,” and “data misuse”). It ends with Facebook promising to do more. It promises Facebook will do more to “protect your privacy.”

Daily Business Review |Commentary

High Court Internet Tax Decision Is a Sales Tax Tsunami for E-Commerce Industry

Marvin A. Kirsner | July 05, 2018

When the Supreme Court decided Quill v. North Dakota, 26 years ago, a sales tax case involving an office products catalog business, it created barely a ripple in the retail industry.

Daily Business Review |

What Does High Court Ruling on Online Sales Tax Mean for Local Business?

Carl Richie | July 03, 2018

Thanks to a recent ruling by the U.S. Supreme Court, consumers who are planning on ordering a sofa from Overstock, or a new patio set from Wayfair, may end up paying sales tax on these purchases. However, that is far from the only consequence of the ruling.

Corporate Counsel |Expert Opinion

How Regulation A Updates Could Benefit Smaller Reporting Companies

Alexander Dinur, Alan Wovsaniker and John Hogoboom | July 02, 2018

On May 24, the Economic Growth, Regulatory Relief, and Consumer Protection Act (act) was signed into law.

The Legal Intelligencer |Commentary

The GDPR and Changes to E-Discovery Vendor Agreements (Part I)

Leonard Deutchman | June 28, 2018

Typically, a client obtaining e-discovery services enters into an agreement with an e-discovery vendor. Such agreements may be for a single provision of services, but if the client is a regular client of the vendor, the parties will often enter into a master agreement that sets forth key legal and business terms, with a statement of work drafted for each provision of services setting out the particulars of that engagement.

International |News

Skadden, Han Kun Lead on Chinese E-Commerce Site Meituan Dianping's $4B Hong Kong IPO

Anna Zhang | June 27, 2018

Davis Polk and Zhong Lun are underwriters' counsel on the proposed listing under a dual-class share structure.

Daily Business Review |Commentary

Domain Disputes Post-GDPR: For Now, a Temporary Solution

Jaime Rich Vining | June 27, 2018

The European Union's General Data Protection Regulation (GDPR), aimed at protecting against privacy and data breaches, went into effect on May 25. The territorial reach of the new regulation is extensive.

International |News

Skadden, Simpson Thacher on $1.2B IPO of Japan's First Unicorn

Anna Zhang | June 21, 2018

Flea market app operator Mercari Inc. debuted on the Tokyo Stock Exchange in the largest tech listing in Japan since 2016.

National Law Journal |

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

Tony Mauro | Marcia Coyle | June 21, 2018

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don't have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.

Daily Business Review |Commentary

GDPR—A New Fundamental Right Protecting Personal Identifiable Information, More

Pablo Meles | June 20, 2018

The General Data Protection Regulation (GDPR) is a broad and comprehensive European Union (EU) data privacy law that went into effect on May 25. This is a great example of the law trying to catch up with the technology and our digital lives.

Corporate Counsel |Expert Opinion

Seven Steps to Ensuring Your and Your Law Firm Partners' GDPR Compliance

Barry Ader | June 19, 2018

The General Data Protection Regulation (GDPR) went into effect on May 25 and with it, the European Union (EU) Parliament has set an impressively high standard for data privacy with the new rule.

The Legal Intelligencer |

2018 GC Impact Award Winners

The Legal Intelligencer | June 18, 2018

The Legal is proud to present the 2018 GC Impact award winners.

The Legal Intelligencer |Analysis

For Pa. Law Firms, GDPR Compliance Is Local, Not Just Global

Lizzy McLellan | June 15, 2018

As law firms grapple with the EU's new privacy law, Pennsylvania firms say compliance isn't just for those with international offices.

Daily Business Review |News

Breach of Contract Lawsuit Survives Google's Motion to Dismiss

Samantha Joseph | June 01, 2018

The suit stems from a 2008 agreement with Googles, a children's programming company.

Connecticut Law Tribune |Expert Opinion

Technological Advancements Can Be Stranger Than Fiction

Mark Dubois | May 31, 2018

One technology, individualized advertising, is starting to attract serious attention from both the bar and bar regulators.

The Legal Intelligencer |Commentary

Another Boring Digital Forensics Opinion: This One Is Simple and Complex (Part I)

Leonard Deutchman | May 31, 2018

Because e-discovery opinions involved technical matters that were outside of the understanding of the typical judge or attorney, I observed, such opinions tended to be exciting regardless of the legal issue that underlay them.

International |News

Skadden, Ropes & Gray Advise on Alibaba's $1.4B China Logistics Deal

Anna Zhang | May 31, 2018

The e-commerce giant joined forces with subsidiary Cainiao Network to take a 10 percent stake in Chinese courier ZTO.

The Legal Intelligencer |Commentary

Failure to Consider US Export Control Regulations Can Be Costly

Brett J. Rosen | May 29, 2018

Export controls are laws and regulations that regulate and restrict the release of sensitive technologies and information to foreign countries and foreigners, both within and outside of the United States, for reasons of national security and foreign policy.

The Recorder |News

Hogan Lovells, Fried Frank Land Lead Roles on Adobe E-Commerce Acquisition

Xiumei Dong | May 22, 2018

A high-profile technology transactions team from Hogan Lovells is advising Adobe Systems Inc. on its $1.68 billion purchase of e-commerce platform Magento Commerce from buyout giant Permira, which turned to Fried Frank to handle a pair of deals this week.

Texas Lawyer |News

Dallas Litigator Sues FindLaw Over 'Cookie Cutter' Firm Website

John Council | May 22, 2018

A Dallas attorney has lodged a fraud suit against the online legal marketing company FindLaw, alleging he was duped into thinking they would create a unique website for his new law firm but instead provided one that was “cookie cutter” and “unimaginative.”

The Legal Intelligencer |Commentary

Patent Office Improves Examination of Software Patent Applications

Lawrence E. Ashery | May 22, 2018

Explanation. When the U.S. government denies us legal protection, we want to know why. Accompanying an adverse decision in the legal world, we want an explanation to support the adverse decision so we can understand how the decision was made.

Daily Business Review |Commentary

GDPR—A New Fundamental Right Protecting Personal Identifiable Information and More

Pablo Meles | May 22, 2018

The General Data Protection Regulation (GDPR) is a broad and comprehensive European Union (EU) data privacy law going into effect on May 25.

Daily Business Review |News

Illinois REIT Buys Palm Beach Gardens PGA Plaza for $88 Million

Lidia Dinkova | May 18, 2018

InvenTrust Properties Corp. bought the 120,000-square-foot asset, which includes a Trader Joe's, Marshalls and an Ulta Beauty Inc.

Daily Business Review |Commentary

Legal Rights in Sugar Valley: Cuban Software Copyrights

Jorge Espinosa | May 17, 2018

Americans who have traveled to Cuba, have seen a beautiful country with crumbling buildings, unreliable electrical power and hard-to-access internet.

National Law Journal |News

Lawyer Suing Facebook: 'This Could Be the Largest Data Breach' Ever

Amanda Bronstad | May 15, 2018

Richard Fields talks about Wednesday's hearing and its potential impact on the Facebook litigation.

Legaltech News |Analysis

A Brief History of Blockchain

Lewis Popovski and George Soussou, Patterson Belknap Webb & Tyler | May 14, 2018

While many have invested in bitcoin, few really understand the underlying blockchain technology, which could be 'the largest technological expansion since the Internet.'

International |News

Hogan Lovells' Tech Team Takes Lead on Walmart's $16 Billion Flipkart Buy

Xiumei Dong | May 09, 2018

The global legal giant is working with lawyers from Gibson, Dunn & Crutcher, Gunderson Dettmer and at least six other firms on a deal that will see the world's largest retailer acquire a majority stake in a growing e-commerce company.

National Law Journal |News

Trump Administration Backs Apple in Supreme Court Antitrust Suit Over Apps

Marcia Coyle | May 09, 2018

"The importance of the question presented will only grow as commerce continues to move online," the U.S. Department of Justice told the Supreme Court in an amicus brief backing Apple Inc.'s position in a closely watched antitrust case.

The Legal Intelligencer |

Websites and the Americans With Disabilities Act—Definitely a Work in Progress

Charles S. Marion | May 08, 2018

During the last few years, there has been an explosion in the number of lawsuits being filed claiming that a business' website violates the Americans with Disabilities Act (ADA).