By D. Zachary Hostetter
2 Shidler J. L. Com. & Tech. 10 (2005)
Corporate & Commercial
12/16/2005
Radio Frequency Identification (“RFID”) is a wireless tracking technology. Goods fitted with radio tags can communicate with computers via radio waves, revolutionizing methods to locate and catalogue goods at every stage of the supply line. Current research predicts that 40% of all inventory intensive businesses will have such wireless tracking systems by the end of 2005.
This article examines current legal trends that impact business use of RFID including contractual considerations to properly allocate risks attendant with implementation of RFID, FCC regulation of RFID, and consumer privacy concerns.
By Carson Strege-Flora
2 Shidler J. L. Com. & Tech. 11 (2005)
Constitutional & Regulatory
12/16/2005
The Ninth Circuit Court of Appeals recently issued a decision protecting the right of an employee to post critical comments about his employer on a website. The court found that the employer’s discipline was an unfair labor practice prohibited by federal labor law because it was “concerted activity” protected by the National Labor Relations Act (NLRA). Employers wishing to discipline employees for their public blogging activity should be familiar with the protections provided by the NLRA. This Article explores the consequences for violating the Act and addresses what employers should consider when attempting to limit employee blogging.
By Emma Scanlan
2 Shidler J. L. Com. & Tech. 12 (2005)
Constitutional & Regulatory
12/16/2005
The fight to curb the ever-increasing amount of unsolicited commercial email or “spam” showing up in the inboxes of American businesses has generated both state and federal legislation. The CAN-SPAM Act of 2003 was enacted to create a bright-line between spam and legal commercial email. The Act preempted many state spam laws but also left significant enforcement abilities to the individual states. States that elect to create large civil damages for spam without criminalizing the transmission of unsolicited commercial email run the risk of winning cases where the damage awards are largely unenforceable and not effective deterrents to big-time spammers.
The pursuit of civil damages in spam litigation, nonetheless, plays an important role in the overall fight against the flood of unsolicited commercial email. The effect of the use of criminal penalties in combination with large damage awards was illustrated in recent cases in Virginia and Florida. Virginia’s spam law, which makes certain types of spamming a felony, is a model for the over 20 states currently considering enacting new spam legislation. Legislative approaches which provide civil liability and criminal penalties for spamming may prove most effective in the fight against spam.
By Jessica Belskis
2 Shidler J. L. Com. & Tech. 13 (2005)
Litigation
12/16/2005
This article explores electronic case filing and the duties of lawyers with regard to electronic filing. A recent federal district court case held that an attorney’s failure affirmatively to check the status of his case via email or the court’s PACER system, which resulted in dismissal of the case, did not constitute excusable neglect under Rule 60(b)(1) of the Federal Rules of Civil Procedure. This holding imputes a professional duty on lawyers who use the electronic filing system to check email and the status of their case, suggesting that breaching of such duty may constitute malpractice.
By Terrance J. Keenan
2 Shidler J. L. Com. & Tech. 14 (2005)
Corporate & Commercial
12/16/2005
Trademark owners in America and Europe are attacking the lucrative practice of selling search results and advertising linked to searches based on product names and trademarks, which is known as trademark keying. From makers of luxury products to travel companies, and insurance companies to home décor vendors, companies have sued Internet search providers to stop this practice that they believe amounts to trademark infringement. Recent cases against search engine companies in American and French courts reflect divergent views on the legality of the practice at this early stage of the debate. This Article evaluates recent rulings in both jurisdictions which illustrate the challenges that search engines and trademark owners face as they try to protect their interests.