Legal Nuances and Successful Litigation Tactics Under CAN-SPAM - <font color = red> Webinar Recordings Available </font>

Legal Nuances and Successful Litigation Tactics Under CAN-SPAM - Webinar Recordings Available

October 28, 2008

Since the enactment of the CAN-SPAM Act nearly five years ago, the Federal Trade Commission has twice issued regulations clarifying the statutory provisions. The FTC's most recent rules, issued in late May, address a host of issues, including who is a "sender" of a given email, how long an opt-out request must remain in effect, and whether CAN-SPAM applies to "forward-to-a-friend" emails. In addition to the recent rules, numerous circuit and district courts are wrestling with issues regarding the interpretation and application of provisions addressing standing, damages, and elements of proof where thousands of e-mails are at issue. These developments raise even more questions for marketers, ISPs, and the lawyers who represent them.

Pike & Fischer gathered top legal experts from the government and the private sector to address the implications of these latest developments and their effect on business relations and litigation strategy. This 90-minute Webinar addressed:

From the marketer's perspective:

What to include in marketing agreements with business partners

What due diligence to perform

How business partners and their practices place a company at risk

How to address compliance issues in-house

How to respond to a government investigation

How to deal with a claim involving tens of thousands of e-mails

What to weigh when deciding whether to defend or settle a case

From the ISP/recipient's perspective:

What causes of action are available, and which are most successful

When statutory damages are recoverable

Whether federal and state anti-spam claims may be asserted simultaneously

Which forum is best

How to establish jurisdiction

What elements are necessary to withstand a motion to dismiss

What evidence is needed and how courts address such evidence

From the government's perspective:

How complaints are handled

How federal law differs from state law

When a sender is criminally, as opposed to civilly, liable

Which lines of communication are open between the feds and the states

What laws apply to text messages and mobile devices

Who Attended:

Attorneys and Executives Representing:
Internet service providers
Online media companies
Wireless providers
E-commerce companies
Advertisers
Marketing affiliates
Online vendors
Consumer protection advocates
Consulting firms

About the Speakers:

MODERATOR: Stephen Fox, Partner, Morris & Fox PC - Stephen Fox is a partner in the New York City-based Morris & Fox PC, where he counsels clients on a broad range of Internet, technology-related, and business matters. Mr. Fox has substantial litigation and transactional experience in matters involving electronic mail, contracts, insurance, licensing, advertising and marketing practices, copyright, trademark, trade secret, confidentiality, privacy, acceptable use, consumer-oriented retail and business to business e-commerce, state / federal / international compliance issues and regulations including CAN-SPAM, domestic start-ups, and the design and development of multiple platform video games. His clients include international technology companies, Internet-based entities, brick-and-mortar businesses, entrepreneurs and newly formed entities. He is involved in state and federal litigation (inception through trial and appeal), as well as ADR throughout the United States. Notably, he is New York counsel to Azoogle, which recently filed its brief in the 9th Circuit for ASIS Internet Services v. Azoogle, Docket No. 08-15979. He is a member of the New York State bar and numerous federal bars, including the United States Supreme Court, United States Court of International Trade, Second and Ninth Circuit Court of Appeals, and district courts in New York and Connecticut.

Jennifer Archie, Partner, Latham & Watkins LLP - Jennifer Archie is a partner in the Washington, D.C. office of Latham & Watkins, with broad litigation and counseling experience representing internet access and transport providers, various retailers and other e-commerce businesses, and technology and communications providers in matters involving computer fraud and cybercrime, privacy/data security issues, advertising and marketing practices, spyware, phishing, consumer fraud, employment and trade secrets. Ms. Archie has served as outside counsel to a major Internet service provider since 2000 on litigation and other legal issues arising from the operation of its mail and instant messaging systems. In this role, she has investigated, filed, prosecuted dozens of civil lawsuits against more than 100 individual spammers/phishers, resulting in the collection of millions of dollars in monetary damages from defendants, the entry of permanent injunctions, and the development of novel and favorable legal precedents. Ms. Archie, a member of the Maryland and District of Columbia bars, joined Latham in 1989, following her graduation from Cornell Law School. Prior to entering the practice of law, she served as Legislative Assistant and subsequently Press Secretary to Congressman Christopher H. Smith (R-NJ) from 1983-86. She has lectured for various industry, client and bar groups on compliance with state and federal anti-spam laws, insurance coverage and other litigation issues.

Sana Coleman Chriss, Spam Coordinator, Division of Marketing Practices, Federal Trade Commission - As Spam Coordinator in the FTC’s Division of Marketing Practices, Sana Chriss is responsible for various matters concerning spam, phishing, and consumer protection. During the past year, she served as Attorney Advisor to FTC Chairman Deborah Platt Majoras. In 2004, she co-organized the FTC/NIST Email Authentication Summit, and, in 2005, she received the Paul Rand Dixon award for her work in the areas of CAN-SPAM and email authentication. Prior to joining the Commission, Ms. Chriss was an associate with the law firm of Arent Fox PLLC, where she specialized in telecommunications and intellectual property law. Ms. Chriss received her law degree from Georgetown University Law Center and her undergraduate degree from Duke University.

David Graff, General Counsel, Epic Advertising, Inc. - David Graff is the General Counsel for Epic Advertising, an on-line marketing solutions provider. Based in New York, Epic Advertising develops and coordinates comprehensive and strategic online marketing campaigns for advertisers across multiple industries. Prior to joining Epic Advertising, Mr. Graff served as Executive Vice-President and General Counsel for Edison Schools Inc., the nation's leading provider of education solutions to the K-12 marketplace. During his tenure at Edison, Mr. Graff directed a staff of 10 attorneys and legal professionals, and was responsible for all legal, regulatory, and corporate governance and compliance matters pertaining to the company. Mr. Graff also served on Edison's Executive Management Committee, and was instrumental in taking the company public in 1999. Mr. Graff is a graduate of Brown University, and a graduate of the Georgetown University Law Center, where he served on the editorial board of the American Criminal Law Review. During law school, Mr. Graff clerked at the Department of Justice, Civil Rights Division, Special Litigation Section. Following law school, he joined the law firm of Shea and Gardner (Washington, D.C.), where he specialized in the areas of international arbitration and corporate transactions.

Will Haselden, Chief, Cyberfraud Section Economic Crimes Division of Office of the Florida Attorney General - Will Haselden is a trial attorney with both governmental and private practice experience. As Section Chief of the Cyberfraud Section, he recently negotiated a settlement with AT&T that provides for changes to the online affiliate marketing model by which mobile content is sold to consumers across the nation. The Cyberfraud Section continues to seek compliance with applicable marketing law from other businesses in this online space. He is licensed to practice in both federal and Florida state courts.

Purchase Options

Legal Nuances and Successful Litigation Tactics Under CAN-SPAM - Webinar Recordings Available Audio recording on CD-ROM -- $199