Nearly anything can be bought and sold on eBay. However, the Ninth Circuit recently announced that one thing you do not buy on eBay is personal jurisdiction.
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Web/Tech
Employers: You May Be Eligible for Immunity Under the Communications Decency Act
By James Kachmar
A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees. On December 14, 2006, the Sixth Appellate District in the case Delfino v. Agilent Technologies, Inc., 2006 WL3635399, affirmed summary judgment in Agilent’s favor finding that Agilent, as an employer, was immune from tort liability under the Communications Decency Act of 1996 (“CDA”) for threatening emails sent and posted by one of its employees. This case, apparently one of first impression, extended the immunity protections of the CDA to cover corporate employers who provide their employees with internet access through internal computer systems. Employers thus have additional protection from claims that their employees have used the employer’s computer system to commit torts against third persons.Continue Reading Employers: You May Be Eligible for Immunity Under the Communications Decency Act
Early Stage Companies and Strategic Business Alliances
By: R. Todd Wilson
Early stage companies often hope to gain significant operational advantage by forming strategic alliances.#160 Such alliances may significantly accelerate the growth of such companies.#160 By collaborating to achieve mutual commercialization or implementation goals, the entities that form such alliances seek to maximize the value of each entity’s intellectual property in ways that, without such collaboration, would not be individually possible.Continue Reading Early Stage Companies and Strategic Business Alliances
Just Say Yes! Supreme Court Ruling May Expand Availability and Variety of Drugs
By Adam Jones
In a case that will dramatically impact both the pharmaceutical and biotech industries, the U.S. Supreme Court recently expanded the ability of researchers to experiment with patented drugs without being held liable for patent infringement.#160 In a unanimous ruling, the Court held that the use of patented compounds in preclinical studies is…
High Tech Company Formation Requires Careful Consideration
By Julie Garcia
Determining the choice of entity for a high technology company can be a daunting task. In general, careful consideration should be given to the choice of entity when forming any type of company; however, high technology companies have additional issues that may alter the decision regarding the choice of entity. Generally, raising…