Recently by Marc S. Friedman
TKO'ing The UCC's "Knock-Out Rule"
At common law, a contract was not enforceable unless there was a meeting of the minds on all terms. But this "mirror image rule" was abandoned by the Uniform Commercial Code ("UCC"), which allows parties to form a valid contract even if their proposed terms are not identical. Under UCC § 2-207 and...
Read MoreTom Just De-Friended the Ninth Circuit
This curious title invites two questions: "Who is Tom and what is de-friending?" Tom is Tom Anderson, the President of MySpace, the most used social networking website on the Internet. Tom is popular because when a new user registers for an account with MySpace, her first "friend" is automatically...
Read MoreThe Intersection Of Law And Technology Revisited
Some experts have estimated that technology grows so rapidly that it doubles every year. While this conclusion may be difficult to comprehend, there is little doubt that technology advances so rapidly that frequently the law is left panting trying to keep up with its pace. Jurisprudentially...
Read MoreUnmasking The Masked Man: Pulling The Mask Off Your Email Intruder
Imagine the following scenario: the president of your company receives an email from a person with whom she isn't familiar. The writer claims to be a reporter who has written a profile of the president for a business publication, but when the president opens the attachment, the email contains...
Read MoreTechnology - Law Firms The Most Counterintuitive Legal Principle - The "Work Made For Hire" Doctrine!
It is natural to believe that if you pay to have a work such as software, a website or even a statue created, you own all the rights in that work. This well-formed belief, however, may be wrong. Consider the following scenarios: Constrained by a tight budget, Newco, a young corporation, opts to...
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