September 30, 2012

Inside Business Law

Focus on the Cyberspace Law Committee

The August 2012 issue of the Cyberspace Law Newsletter, published by the Cyberspace Law Committee, contains a recap of the ABA's 2012 Annual Meeting in Chicago as well as an update on upcoming meetings. The newsletter contains significant highlights of the CLE programming and updates on what to expect this coming year.

The programs sponsored or co-sponsored by the Cyberspace Law Committee at the Annual Meeting include presentations on the following topics, which are all available in audio format.

Contract Formation

  • The growth of e-commerce has triggered the increasing use of electronic methods in contract formation. The Cyberspace Law Committee co-sponsored a panel on recent developments in electronic contracting and best practices. The presentation covers an introduction to clickwraps and browsewraps, along with summaries of recent case law.
  • In collaboration with the Consumer Financial Services, Corporate Compliance, and Credit Unions Committees, the Cyberspace Law Committee presented a program on increasing trend of mobile payment solutions. The presentation, "Understanding Mobile Payments and Banking," provides a wonderful overview of various legal issues and considerations arising from mobile banking.

Internet Identity and Social Networks

  • With the surge of social networking and instantaneous accessibility to information online, there have been increasing concerns regarding identity theft, right of publicity, and defamation. Excellent materials from the ABA's 2012 Annual Meeting addressing the current debate on reconciling current laws, constitutional protections, and new trends in technologies can be found in "Does Your Internet Persona Have a Right to Privacy?"
  • In the context of online networking and rapid dissemination of information electronically, rumors are often difficult to manage. The following article by Dr. Katherine Okla, "Like Wildfire: Understanding and Managing Rumor Formation," provides a few tips on managing rumor formation.

Online Dispute Resolution

  • The Dispute Resolution, Business Law, Litigation, International Law and Practice, and Intellectual Property Sections of the ABA, in collaboration with the Center for Law, Commerce & Technology at University of Washington Law School, have formed a task force to examine legal issues relating to e-commerce dispute resolutions. The materials from the ABA's Annual Meeting (available here), provide information with respect to the enforcements of online dispute resolution and the process of online dispute resolution.


  • In light of these developing technologies and the evolving legal issues, the Cyberspace Law Committee sponsored a presentation, "Insuring for Cyber Threats: Everything a Business Lawyer Wants to Know," on the current developments in cyber-insurance and the costs of data breaches. The materials from the presentation also include useful tips on advising small businesses and non-profits on insuring against cyber threats.