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Trial Brief & Jury Instructions:
Illinois Trade Secret Case
By Steven Leahy

Trial Brief

Jury Instructions

2B Then Not 2B:
The Uniform Computer Information
Transactions Act and Consumer Contracts.

By Steven Leahy

Computer technology is less than 50 years old, and has been available to the general public for just over 20 years. Yet software and database products, along with information and online services, will fuel the economic engine of the new millennium. Cyber-time, it seems, moves more quickly than does industrial time.

The Uniform Computer Information Transactions Act ("UCITA" or the "Act") purports to be "a statute for our time." A close examination of the Act, however, reveals that the provisions dealing with mass-market transactions of computer information are already obsolete and harmful to consumers.

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You've Got Mail:
Electronic mail and litigation discovery
By Steven Leahy

Electronic mail (e-mail) is fast becoming the most common form of business communication in America. Forrester Research estimates that commercial email messages will reach 250 billion in 2002. Statistically, each employee of a company generates between 4 and 11 e-mail messages a day. Add to that the number of e-mail messages each employee receives, and you can garner the incredible number of e-mail messages companies must contend with annually.

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Self-Regulation and The EU Privacy Directive:
Do Privacy Seals Offer "Adequate" Protection to EU Citizens Transferring Data to American Internet Companies?
By Steven Leahy

Privacy concerns have grown with each improvement of modern information technology (MIT). MIT has made it easy for virtually every organization to set up a database to track their customersí habits and purchases. The Internet has increased the uneasiness because of the ease that Internet sites have been able to profile web surfers and share that information with others. However, consumers have taken notice, and they have demanded that web sites protect their personally identifiable information.

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Campaigning in Cyberspace:
Federal Election Laws and Internet Political Activity
By Steven Leahy

"We're getting into the new frontier here," declared a Federal Election Commission (FEC) spokesman recently regarding Internet political activity ("IPA"). IPA is significantly influencing the current federal election cycle, and that influence will continue to grow. So far, the Federal Election Commission (FEC) has not defined the scope of the Federal Election Campaign Act of 1971 ("FECA" or the "Act") and other regulations as they apply to campaign-related speech and political activities in Cyberspace.

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Patenting the Internet:
State Street Opens the Door to Internet-Based Business Method Patents
By Steven Leahy

There is a long list of Internet businesses that have protected their business method innovations with a United States patent, and many more Internet-based business methods (IBBM) are probably being prosecuted. Until recently, the validity of these patents was questionable. However, the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc. (State Street) on July 23, 1998. Since State Street, the patentability of an IBBM has been answered in the affirmative.

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Internet Direct Public Offerings:
The Internet is helping make small companies successful
By Steven Leahy

E-Commerce is beginning to live up to the hype. Companies are selling books, cars, prescription drugs, toys and just about any other item you can imagine. Companies have even started selling themselves. Internet direct public offerings (IDPO) are becoming a common way for smaller companies to raise much needed capital, while giving small investors an opportunity to "get in on the ground floor."

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The Obsolescence of the Securities Act of 1933:
Information Technology & Securities Regulation in America
By Steven Leahy

Three Score and six years ago, Congress brought forth on this nation the Securities Act of 1933 (Securities Act), conceived in fairness, and dedicated to the proposition that full public disclosure, mandated by the federal government, is needed to protect investors "on the special occasion of a public offering."

The Securities Act has been the cornerstone of securities regulation in the United States. However, unlike Abraham Lincolnís Gettysburg Address, the Securities Act is not carved in stone. It is my position that the Securities Act has become obsolete and should be repealed.

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