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Court Overturns FCC’s Net Neutrality-Based Decision Against Comcast: What Happens Next?, Telecom, Media and Technology Alert, by Marc S. Martin, Martin L. Stern. April 8, 2010.
On April 6, 2010, the U.S. Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) overturned a 2008 enforcement action by the U.S. Federal Communications Commission (“FCC”) against Comcast Corporation arising from allegations of Comcast engaging in unreasonable and discriminatory broadband network management practices. This client alert will briefly summarize the court decision, discuss how it will affect the FCC’s efforts to adopt net neutrality rules and implement its recently adopted National Broadband Plan (the “Broadband Plan”), [1] address the potential for Congressional intervention, and explain how other federal and possibly state authorities could step in to fill the apparent void in FCC jurisdiction.
[1] We previously issued a client alert about the FCC’s net neutrality rulemaking proceeding, available here: http://www.klgates.com/newsstand/Detail.aspx?publication=5988 and a client alert about the Broadband Plan, available here: http://www.klgates.com/newsstand/Detail.aspx?publication=6295. This client alert is for informational purposes only and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting with a lawyer.
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Wave of Online Banking Fraud Targeting Businesses, Licensing and E-merging Commerce and Depository Institutions Alert, by William Resnik, Holly K. Towle, Henry L. Judy, Sean P. Mahoney. February 15, 2010.
Over approximately the past year businesses have been experiencing an increased level of cyber-attacks designed to steal and misuse the user names and passwords to online banking accounts. Online thieves have been tapping into business bank accounts and ordering fraudulent wire transfers and Automated Clearinghouse (ACH) transactions, often to accounts in foreign countries from which recovery is very difficult. While this type of crime is not new, there are two novel aspects: the increasing sophistication of the hacking software and the nature of the counter-measures that are being recommended. Washington Post writer Brian Krebs provides a chilling and up-to-date view and a recent Forbes magazine article outlines how this development is impacting businesses.
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New Model Privacy Notice (for Gramm Leach Bliley Act financial institutions), CCH Guide to Computer Law—Number 338, by Holly K. Towle. December 2009.
Posted with permission.
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New Model Privacy Notice (for Gramm Leach Bliley Act financial institutions), CCH Guide to Computer Law—Number 338, by Holly K. Towle. December 2009.
Posted with permission.
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Electronic Commerce and Law Report, BNA, Inc, by Holly K. Towle. November 4, 2009.
Posted with permission.
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K&L Gates’ Global Government Solutions Help Businesses Deal with Government’s Expanding Role, October 21, 2009.
K&L Gates has launched a Global Government Solutions initiative to assist clients in managing the threats and opportunities presented by government authorities around the world.
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Munich District Court Holds Pan-European Copyright Licensing Model of Joint Venture CELAS Invalid, Telecom, Media and Technology Alert, by Dr. Martin von Albrecht. July 20, 2009.
In a declaratory judgment action filed by the company MyVideo (represented by K&L Gates Berlin) against CELAS, a joint venture of the German collecting society GEMA and the UK collecting society MCPS-PRS, the District Court of Munich (Landgericht München) decided on June 25, 2009, that CELAS has no right to prohibit reproductions of the Anglo-American repertoire of EMI Music Publishing Ltd. online in Germany.
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BSI Launches First Data Protection Standard, Licensing and E-merging Commerce Alert, by Dominic J. Bray, Edward T. Parkin, Sarah L. Stone. July 1, 2009.
At the recent Data Protection Forum in London, BSI British Standard ("BSI") launched the new British Standard BS10012 entitled "Data Protection - specification for a personal information management system". BSI claims this as the first standard for the management of personal information. The standard is designed to assist organisations in both the public and private sectors in relation to compliance with the often complex area of data protection law. The standard was developed over a 3 month consultation period by a panel of experts which included representatives from industry, government, academia and consumer groups. Data protection has been steadily rising as a compliance priority for businesses globally. The introduction of BS10012 adds to the call to businesses to check compliance with data protection laws.
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Personal Data as Toxic Waste: a Data Protection Conundrum, Privacy & Datat Security Law Journal, by Holly K. Towle. June 2009.
Posted with permission.
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Reminder: May 1st is the Deadline for Business Red Flag Identity Theft Prevention Programs, E-merging Commerce Alert, by Holly K. Towle. April 20, 2009.
The deadline for compliance with the last of three new identity theft regulations is May 1st.
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Model Railroad Case Supports Enforceability of Open Source Software Licenses and Provides Guidance for Licensors, Licensing and e-Merging Commerce Alert, by Eric A. Prager, Mark H. Wittow, Jeffrey E. Harmes. September 5, 2008.
The United States Court of Appeals for the Federal Circuit recently issued an opinion that bolsters the enforceability of open source software licenses. In Jacobsen v. Katzer, the Court held that a licensor providing free open source software properly can limit the further distribution of the software through terms in the open source software license requiring attribution credits to the original author. The decision is important because the Court held that the party failing to provide credit required under the license violated copyright law.
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A Simplified Approach to Dealing with the Legal Aspects of Business Information System Integration, Metropolitan Corporate Counsel, by Scott L. David. September 2008.
Posted with permission.
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Merchant "Receipts", CCH Guide to Computer Law - Number 318, by Holly K. Towle. 2008.
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New Affiliate Marketing Regulations, CCH Guide to Computer Law - Number 314, by Holly K. Towle. 2007.
This article concerns new federal regulations concerning "Affiliate Marketing" that will impact affiliated companies receiving and using certain information for marketing purposes. The relevant information is information that would have been a "consumer report" (e.g., credit report) under the Fair Credit Reporting Act but for exceptions (which no longer really exist for marketing). The rule imposes a new disclosure and "opt-out" regime. The author is Holly K. Towle, the firm's "cross-firm coordinator" for the e-Merging Commerce practice. Posted with permission.
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New Regulations Mandating Identity Theft Prevention Programs and Address Discrepancies and Change Requests, CCH Guide to Computer Law - Number 315, by Holly K. Towle. 2007.
This article concerns new federal regulations concerning "Red Flag Identity Theft Programs" that must be established by any client that allows customers to make deferred payments or that is a financial institution: regulatory examples are automobile dealers, mortgage brokers, telecommunication companies, utility companies and banks etc. Other aspects of the regulation concern new rules to prevent identity theft arising from changes of address. The author is Holly K. Towle, the firm's "cross-firm coordinator" for the e-Merging Commerce practice. Posted with permission.
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Hughes & Luce Attorney Makes Lawdragon’s List of Nation’s Top 500 Attorneys, September 21, 2007.
John Howell, an information technology partner in the Dallas headquarters of Hughes & Luce law firm, is included as one of 500 attorneys recognized by Lawdragon in its third annual guide to "Leading Lawyers in America."
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U.S. District Court Rules Online Music Service Providers Not Required To Pay Public Performance Royalties, Licensing and E-Merging Commerce Alert, by Shannan L. Frisbie, Mark H. Wittow, Phi Lan M. Tinsley. May 2007.
On April 25, 2007, in a case of first of impression, the U.S. District Court for the Southern District of New York held that the downloading of a digital music file does not constitute a “public performance” under the United States Copyright Act.
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Payment Card Liabilities: There’s Trouble Ahead for Merchants That Don’t Deal with PCI or a New Minnesota Law, CCH Guide to Computer Law - Number 310, by Holly K. Towle. 2007.
Posted with permission.
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Unlawful Internet Gambling Enforcement Act: e-payments, Worldonline Gambling Law Report, by Linda J. Shorey, Holly K. Towle, Sean P. Mahoney. March 2007.
Posted with permission.
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E-Commerce for Everyone, CCH Guide to Computer Law - Number 307, by Holly K. Towle. 2007.
Posted with permission.
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Unlawful Internet Gambling Enforcement Act: e-payments, E-finance & Payments Law & Policy, by Linda J. Shorey, Holly K. Towle, Sean P. Mahoney. February 2007.
Posted with permission.
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ECK or Eeeeeeeek?, CCH Guide to Computer Law - Number 304, by Holly K. Towle. 2007.
Posted with permission.
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Supreme Court Provides Standing for Licensees to Challenge Patents, A Bell, Boyd & Lloyd alert, January 2007.
The United States Supreme Court significantly expanded the options available to licensees for challenging underlying patents when it ruled that a patent licensee can continue to license a product while simultaneously challenging the patent's validity.
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Bell, Boyd Elects Associates to Partnership, A Bell, Boyd & Lloyd press release, January 2007.
Bell, Boyd & Lloyd LLP (now K&L Gates) has elected fourteen of the firm's associates to partnership effective January 1, 2007. Twelve of the associates are resident in the Chicago office and two are resident in Washington DC.
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What Will You Do When You Get the Dreaded Call, “We’ve Had a Data Security Breach!”, CCH Guide to Computer Law - Number 303, by Holly K. Towle. 2007.
Posted with permission.
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New Amendments to Federal Rules of Civil Procedure Regarding E-Discovery, CCH Guide to Computer Law - Number 302, by Holly K. Towle. 2006.
Posted with permission.
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Re The E-Overlay on Modern Commercial Law, CCH Guide to Computer Law - Number 298, by Holly K. Towle. 2006.
Posted with permission.
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Online Licensing, CCH Guide to Computer Law - Number 295, by Holly K. Towle. 2006.
Posted with permission.
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Top 10 Common Mistakes Made on Websites, CCH Guide to Computer Law - Number 293, by Holly K. Towle. 2006.
Posted with permission.
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Let’s Play “Name that Security Violation!”, CCH Guide to Computer Law - Number 290, by Holly K. Towle. 2006.
Posted with permission.
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Estate Planning in a Digital Age, Preston Gates & Ellis Electronics in Commerce; and Tax, Trusts and Estates Alert, by Scott L. David, Holly K. Towle, Patricia H. Char. November 30, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This Alert is one in a series from our Electronics in Commerce group intended to increase awareness of new or changing legal rules.
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Estate Planning in a Digital Age, CCH Guide to Computer Law - Number 289, by Holly K. Towle. 2005.
Posted with permission.
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Merger & Acquisition Due Diligence in an E-Information Age, Preston Gates & Ellis Electronics in Commerce; Telecom and Media; and Intellectual Property Transactions Alert, by Holly K. Towle. September 26, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This Alert is one in a series from our Electronics in Commerce group intended to increase awareness of new or changing legal rules.
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The Complex Tax Issues of Broadband over Power Line, Practical US/Domestic Tax Strategies, by Martin L. Stern, Scott L. David, Holly K. Towle. September 2005.
For some time utility companies in Europe have offered high-speed Internet service to consumers over their power lines, and American utilities are now beginning to provide broadband connections on their grid. There is a pervasive, national network of power lines which could be easily ( and economically) used to provide broadband access. This function has become known as Broadband Over Power Line ("BPL"). But the taxation of such services, which combine utility and telecommunications issues, presents a real challenge both to the taxing authorities and to taxpayers. The following is a review of some of the significant taxes and tax related legislative initiatives that will affect BPL, and some insight into how various government entities might seek to tax BPL and related services. Taxes may be imposed by both the federal and state governments depending on the BPL services provided.
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Merger & Acquisition Due Diligence in an E-Information Age, CCH Guide to Computer Law - Number 287, by Holly K. Towle. 2005.
Posted with permission.
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Employment Law - Taking a Fresh Look in the E-Information Age, Preston Gates & Ellis Electronics in Commerce and Intellectual Property Transactions Alert, by Holly K. Towle. August 4, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This Alert is one in a series from our Electronics in Commerce group intended to increase awareness of new or changing legal rules.
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Employment Law—Taking a Fresh Look in the E-Information Age, CCH Guide to Computer Law - Number 286, by Holly K. Towle. 2005.
Posted with permission.
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Proliferation of Information Security Breach Notification Statutes, Preston Gates & Ellis Electronics in Commerce and Intellectual Property Transactions Alert, by Holly K. Towle. July 21, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This Alert is one in a series from our Electronics in Commerce group intended to increase awareness of new or changing legal rules.
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Information Security Breach Notification Statutes, CCH Guide to Computer Law - Number 285, by Holly K. Towle. 2005.
Posted with permission.
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Digital Signatures: Searching for a “Safe” Electronic Signature, Preston Gates & Ellis Electronics in Commerce and Intellectual Property Transactions Alert, by Holly K. Towle, Carrie T. Valladares. June 9,2005.
Last month, our Electronics in Commerce group issued an E-alert discussing some of the issues surrounding electronic signatures (see http://beta2.klng.com/newsstand/Detail.aspx?publication=3304). That prompted several questions regarding electronic signatures supported by public key infrastructure (PKI), which are commonly referred to as "digital signatures." Carrie Valladares, an attorney in our group, volunteered to tackle that subject this month. After this E-alert, we’ll eschew electronic signatures for awhile!
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PKI Digital Signatures, CCH Guide to Computer Law - Number 284, by Holly K. Towle. 2005.
Posted with permission.
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Electronic Signatures — Increasing Use Means Increasing Questions, Preston Gates & Ellis Electronics in Commerce, Telecom and Media, and Intellectual Property Transactions Alert, by Holly K. Towle. May 9, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This E-Alert is one in a series from our Electronics in Commerce group intended to help you avoid running afoul of new or changing legal rules.
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Electronic Signatures — Increasing Use Means Increasing Questions, CCH Guide to Computer Law - Number 283, by Holly K. Towle. 2005.
Posted with permission.
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Open Source Issues in Business, Preston Gates & Ellis Publication, by Holly K. Towle. April 1, 2005.
Open source software presents issues of increasing significance for businesses. If you are not already familiar with these issues and your business is using or considering the use of open source software, it’s time to take note. This article analyzes considerations that businesses should keep in mind when deciding whether to use this type of software. As with any licensed technology, open source is governed by the terms of the open source license. Actively copying, modifying, developing products with, or distributing open source software without understanding those terms can jeopardize a company’s business endeavors. On the other hand, businesses that take the time to research and investigate open source licensing models and that are familiar with the issues described in this article are more likely to be successful in deciding whether and when to use open source.
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FTC Raises Reporting Thresholds in Annual Adjustment and Extends the Reach of the HSR Act to Acquisitions of Unincorporated Entities, CCH Guide to Computer Law - Number 281, by Holly K. Towle. 2005.
Posted with permission.
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Internet Taxation, CCH Guide to Computer Law - Number 280, by Holly K. Towle. 2005.
Posted with permission.
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Getting to “YES” in an Electronic Age, CCH Guide to Computer Law - Number 279, by Holly K. Towle. 2005.
Posted with permission.
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Getting to "Yes" in an Electronic Age, Preston Gates & Ellis Electronics in Commerce, Telecom and Media, and Intellectual Property Transactions Alert, by Holly K. Towle. January 24, 2005.
Doing any part of business electronically is increasingly impacted by legal developments. This E-Alert is one in a series from our Electronics in Commerce group intended to help you avoid running afoul of new or changing legal rules.
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Information Security Statements Can Become Obligations, CCH Guide to Computer Law - Number 278, by Holly K. Towle. 2005.
Posted with permission.
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Information Security Statements Can Become Obligations, Electronics in Commerce Practice Group E-News, by Holly K. Towle. December 9, 2004.
Doing any part of business electronically is increasingly impacted by legal developments. This alert is one in a series from our Electronics in Commerce group intended to help you avoid running afoul of the new legal rules.
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Gift Cards and Gift Certificates, Preston Gates & Ellis Electronics in Commerce Alert, by Holly K. Towle. November 11, 2004.
Legal developments in commercial law and doing any part of business electronically are increasingly impacting our clients. This Client Alert is one in a series from our Electronics in Commerce group intended to help you prepare.
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E-Dealing Laws, Preston Gates & Ellis Electronics in Commerce Alert, by Holly K. Towle. October 5, 2004.
In recent years both state and federal governments have enacted new laws that apply when you transact business electronically. If you have not already become familiar with them, it is likely time to do so.
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Public Performance Rights Vis a Vis Ringtones, Survey of Developments of Intellectual Property and Technology Law, by Shannan L. Frisbie. September 2004.
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Employee Use of Email and the Internet - Considerations for Every Business, Preston Gates & Ellis Publication, by Holly K. Towle, Steven R. Peltin. June 28, 2004.
Legal developments in commercial law and e-commerce are increasingly impacting our clients. This Client Alert is one in a series from our e-commercial law group intended to help you prepare.
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Q&A on Open Source Software, E-Commerce Law Group E-News Alert, by Holly K. Towle. May 17, 2004.
Legal developments in commercial law and e-commerce are increasingly impacting our clients. This Client Alert is one in a series from our e-commercial law group intended to help you prepare.
ALERT RE OPEN SOURCE SOFTWARE: Open source software presents issues for businesses that are becoming increasingly significant. If you are not already familiar with open source issues, you may wish to take another look.
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Gift Cards and Gift Certificates, CCH Guide to Computer Law - Number 277, by Holly K. Towle. 2004.
Posted with permission.
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Recent Developments in E-Commerce Taxation, Preston Gates & Ellis Intellectual Property Alert, by Scott L. David. April 7, 2004.
Legal developments in commercial law and electronic commerce are increasingly impacting our clients. This Client Alert is one in a series intended to help you prepare.
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New Laws Affecting E-Business Transactions, CCH Guide to Computer Law - Number 276, by Holly K. Towle. 2004.
Posted with permission.
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Complying with the New Federal Identity Theft Law, CCH Guide to Computer Law - Number 275, by Holly K. Towle. 2004.
Posted with permission.
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Federal CAN-SPAM Act of 2003, E-Commerce Law Group E-News Alert, by Holly K. Towle. February 17, 2004.
Legal developments in commercial law and e-commerce are increasingly impacting our clients. This Client Alert is one in a series from our e-commercial law group intended to help clients prepare.
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Employee Use of Email and the Internet— Considerations for Every Business, CCH Guide to Computer Law - Number 274, by Holly K. Towle. 2004.
Number 274Posted with permission.
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New Federal Identity Theft Law, E-Commerce Law Group E-News Alert, by Holly K. Towle. January 9, 2004.
Legal developments in commercial law and electronic commerce are increasingly impacting our clients. This Client Alert is one in a series intended to help you prepare.
ALERT RE FEDERAL IDENTITY THEFT LAW: the new Fair and Accurate Credit Transactions Act of 2003 (FACT) requires essentially every business to establish procedures to respond to victims seeking information about identity theft transactions.
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Open Source Software Issues, CCH Guide to Computer Law - Number 273, by Holly K. Towle. 2004.
Posted with permission.
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Privacy Law Developments, Preston Gates & Ellis E-Commerce Law E-News Alert, by Holly K. Towle. December 5, 2003.
ALERT RE PRIVACY LAW DEVELOPMENTS: Because of changes in federal and state approaches to privacy policies, it is advisable to revise existing policies or to take another look at whether a policy is mandated.
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Changes to UCC Articles Could Affect Business Practices, Preston Gates & Ellis E-Commerce Group E-News Alert, by Holly K. Towle. November 12, 2003.
CLIENT ALERT REGARDING SALES AND LEASES OF GOODS: Changes in UCC Articles 2 and 2A may be coming soon which materially change risk allocations and required practices.
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Revised UCC Articles Erect New Hurdles for E-Commerce, Legal Backgrounder, Washington Legal Foundation, by Holly K. Towle. May 9, 2003.
Holly Towle, a partner in the Preston Gates Seattle office, recently published this article with the Washington Legal Foundation. Following is an excerpt, please use the link below to access the entire article. Posted with permission.
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At Risk: A Secure Net, Legal Times, by Bruce J. Heiman. August 14, 2000.
Federal Oversight of the Internet May Lead to Interference
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