Volume 70 - Number 1

The Business Lawyer Vol 70 No 1

The Business Lawyer

The Business Lawyer Vol 70 No 1

Complete collection for Winter 2014/2015

70(1): 161-174 (Winter 2014/2015)
Recent Delaware case law explores and extends what the author describes as the “doctrine of corporate consent,” under which a stockholder is deemed to consent to changes in the corporate relationship that are adopted pursuant to statutory authority (such as by directors adopting bylaws). This essay examines whether and to what extent there may be limits on the application of the doctrine of corporate consent and whether fee-shifting bylaws exceed those limits.

70(1): 175-176 (Winter 2014/2015)
The Corporate Laws Committee of the ABA Business Law Section from time to time makes changes to the Model Business Corporation Act.

70(1): 177-216 (Winter 2014/2015)
In 2009, the Opinions Committee of the BLS of the State Bar of California (the Committee) published a commentary on customary practice with respect to third party legal opinions given in venture capital financing transactions. The sample opinion augments the 2009 Report by providing an illustration of what an opinion letter given in a venture capital financing transaction might look like. The Committee chose as the transaction model a private offering, not involving general solicitation or general advertising, of Series B Preferred Stock by a Delaware corporation under transaction documents governed by California law. The sample opinion is annotated and discusses both California and Delaware laws.

70(1): 217-318 (Winter 2014/2015)
The complete annual survey of cyberspace law.

70(1): 217-222 (Winter 2014/2015)
The introduction to the Winter 2014/2015 Cyberspace Survey, as well as a discussion on the communal definition of “cyberspace law.”

70(1): 223-230 (Winter 2014/2015)
Cyber damage from intrusions into an enterprise’s information and operations networks will not surprise anyone but the ill-informed and those with their heads in the same or in the “cloud.” What may be surprising is the coherence of legal decisions issued in the wake of cyber damage and the clarification of cyber responsibilities that clients and counsel will need to reckon with.

70(1): 231-246 (Winter 2014/2015)
Survey and analysis of 2013-2014 decisions in cases arising from data security breaches. The survey addresses potential liability for omissions from and representations in information privacy policies, also claims against banks.

70(1): 247-252 (Winter 2014/2015)
Evolving technologies and philosophies have informed recent Federal Trade Commission privacy enforcement actions. The FTC has looked beyond the traditional notion of a deceptive commercial practice and now brings actions against “unfair” security practices.

70(1): 253-260 (Winter 2014/2015)
This article explores recent developments in European Union data privacy and data protection law, through an analysis of European Union advisory guidance, independent administrative agency enforcement action, case law, and legislative reform in the areas of digital technologies, the internet, telecommunications and personal data.

70(1): 261-270 (Winter 2014/2015)
This survey covers developments in four areas of payments law and consumer lending between June 1, 2013 and June 1, 2014.

70(1): 271-276 (Winter 2014/2015)
This section of the annual survey focuses on recent decisions, particularly those from the U.S. Supreme Court, in patent law relevant to cyberspace.

70(1): 277-288 (Winter 2014/2015)
Scanning the past year of cyberspace trademark law, one is left with a distinct impression that the U.S. legal system has matured and is more “caught up” to the real (albeit virtual) world in its understanding and treatment of all things internet.

70(1): 289-298 (Winter 2014/2015)
This year’s survey starts with the U.S. Supreme Court’s recent decision in American Broadcasting Cos. v. Aereo, Inc. before shifting to the Ninth Circuit’s opinion in Garcia v. Google Inc. litigation and the trial court’s dismissal of the Google Books lawsuit on its merits.

70(1): 299-306 (Winter 2014/2015)
Summary of recent case law and legislative efforts affecting Internet intermediaries hosting user-generated content. Covers 47 U.S.C. Section 230 and 17 U.S.C. Section 512, as well as other peripheral issues.

70(1): 307-312 (Winter 2014/2015)
Though the speed is slow, India is witnessing a change in the laws concerning service provider and website owners' liability regarding user generate content. The article provides a summary of developments in the law concerning website owner and service provider liability, as on date and the developments which are expected in future.

70(1): 313-318 (Winter 2014/2015)
This survey is about the Brazilian Internet Legal Framework (“Lei do Marco Civil da Internet”), which entered into force on June 23, 2014. Said Law concerns the regulation of Brazilian cyberspace and also includes provisions about webusers privacy.

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