Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- UCITA (8)
- Uniform Commercial Code (4)
- FERC (3)
- FTC (3)
- Federal Trade Commission (3)
-
- NCCUSL (3)
- Sherman Act (3)
- UCC (3)
- Uniform Computer Information Transactions Act (3)
- AOL (2)
- FCC (2)
- National Conference of Commissioners on Uniform State Laws (2)
- Telecommunications Act of 1996 (2)
- United States v. Colgate & Co (2)
- ACTA (1)
- ALI (1)
- ANDA (1)
- AT&T (1)
- Abbreviated New Drug Applications (1)
- Accretive Health (1)
- American Law Institute (1)
- Andrx Pharmaceuticals v. Biovail Corp (1)
- Anti-Counterfeiting Trade Agreement (1)
- Anti-Phishing Act of 2005 (1)
- Arizona Retail v. Software Link (1)
- Arps (1)
- Aspen Highlands Skiing Corp. v. Aspen Skiing Co. (1)
- Barrett (1)
- Blumenthal (1)
- Bristol-Myers (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick
Richmond Journal of Law & Technology
Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …
The Reasonable Information Security Program, Peter Sloan
The Reasonable Information Security Program, Peter Sloan
Richmond Journal of Law & Technology
Our information inhabits a perilous world. Cyber theft, cyber extortion, mobile device loss, misappropriation of confidential business information, and unauthorized disclosures of protected information are real and present dangers for organizations of all sizes and across all industries.
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Richmond Journal of Law & Technology
On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.
Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman
Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman
Richmond Journal of Law & Technology
The incidence of phishing, a form of internet fraud, has increased dramatically since 2003. Identity thieves searching for vulnerabilities in internet security have realized that customers are the weak link. Using mass e-mailings and websites purporting to be those of well-known and trusted corporations, “phishers” trick customers into revealing personal and financial information.
A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins
A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins
Richmond Journal of Law & Technology
It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
Richmond Journal of Law & Technology
[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Richmond Journal of Law & Technology
Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.
Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley
Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley
Richmond Journal of Law & Technology
I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …
The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner
The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner
Richmond Journal of Law & Technology
Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …
Ucita And The Virginia General Assembly, Joe T. May
Ucita And The Virginia General Assembly, Joe T. May
Richmond Journal of Law & Technology
The outline for Joe T. May's speech.
Remarks On The Background And Development Of Ucita, Joe T. May
Remarks On The Background And Development Of Ucita, Joe T. May
Richmond Journal of Law & Technology
I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology of events that led …
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Richmond Journal of Law & Technology
In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of …
Remarks On Ucita In Practice: Attorney Views, Richard Grier
Remarks On Ucita In Practice: Attorney Views, Richard Grier
Richmond Journal of Law & Technology
I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …
Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert
Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert
Richmond Journal of Law & Technology
The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
Richmond Journal of Law & Technology
Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …
Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel
Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel
Richmond Journal of Law & Technology
Well, UCITA has been in effect since October 1, 2000, and I am here today telling you about it in Maryland. Maryland adopted it after Virginia, but [Virginia] has a delayed effective date. The law has been effective, and in fact we are busy fixing it or changing it at this moment in the Maryland legislature. We had the privilege to work for a coalition of software companies lobbying this legislation through the Maryland legislature. We were assisted just a little bit by the Governor and the Speaker of the House. So we've been working with the law probably longer …
Antitrust And Market Power, Milton A. Marquis
Antitrust And Market Power, Milton A. Marquis
Richmond Journal of Law & Technology
The antitrust laws have been described as the "Magna Carta of free enterprise."
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Richmond Journal of Law & Technology
Dynegy is one of the country's leading energy merchants - formerly NGC Corporation and Natural Gas Clearinghouse.
Antitrust Issues Meet Natural Gas & Electric System Reliability Issue In A Competitive Marketplace, Mark T. Maassel
Antitrust Issues Meet Natural Gas & Electric System Reliability Issue In A Competitive Marketplace, Mark T. Maassel
Richmond Journal of Law & Technology
Mr. Maassel's outline for his speech.
Market Power And The Ftc, John C. Hilke
Market Power And The Ftc, John C. Hilke
Richmond Journal of Law & Technology
Although the DOJ/FTC Merger Guidelines provide a firm foundation for analyzing changes in prospective market power resulting from a proposed merger, the analysis does not focus on detecting or measuring market power that may already exist in the market. Further, antitrust enforcement is focused on anti-competitive mergers and unfair forms of competition. From an antitrust perspective, a firm that lawfully acquired market power does not commit an antitrust offense merely by exercising that power, unless it engages in unfair methods of competition to protect that power.
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Richmond Journal of Law & Technology
Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.