julie machal-fulks

In Copyright Litigation, Availability of Attorney’s Fees Awards Can Cut Both Ways

August 06, 2008 16:31

A recent opinion written by Judge Richard Posner for the 7th Circuit highlights the importance of carefully considering some of the risks of loss for plaintiffs in proceeding with a copyright infringement lawsuit. In Eagle Services Corp. v. H2O Industrial...A recent opinion written by Judge Richard...

For Most U.S. Residents, Internet E-mail Likely is Safe from Civil Legal Discovery by Third Parties

June 18, 2008 22:39

A federal court recently issued an opinion indicating that, at least for U.S. residents, public, third-party-hosted and Internet-based e-mail may be the virtual world’s equivalent of a Swiss bank account for personal information. In In re Subpoena Duces Tecum to...A federal court recently issued an ...

New Jersey Court Determines Internet Users Have a Constitutional Right to Privacy

May 29, 2008 22:18

The Supreme Court of New Jersey recently became one of the first courts in the nation to determine that Internet users have a Constitutional right to privacy under Article I of the New Jersey Constitution. Because of the ruling, a...The Supreme Court of New Jersey recently became one of the first...

The Use of Pricing Schedules in Managed Service Provider Agreements

May 14, 2008 16:15

Many managed service providers incorporate their pricing and payment terms into their Master Services Agreements or their Service Level Agreements. While it is important to ensure that the financial arrangements are clearly delineated in writing to ensure that everyone’s expectations...Many managed ...

Summary Judgment Difficult to Obtain for Claims of Trademark Design Infringement

April 23, 2008 19:33

A recent opinion from the Southern District of California highlights the difficulties that a trademark owner can face when seeking summary judgment on a claim that a defendant infringed its design trademarks. HIT Entertainment, Inc., et al., v. National Discount...A recent opinion from the Southern...