The Law of Electronic Commercial Transactions

Authors: Raymond T. Nimmer, Holly Towle
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2 updates annually2 updates annually
Price: $625
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How to Use This Manual Highlights of Our Latest Update Table of Contents Index Table of Cases Preface
Look Inside This Book!*
*Requires Adobe Acrobat Reader

The exponential growth in electronic usage of commercial transactions has led to new challenges for financial institutions. As a new field, the legal dimensions are still under development by legislators, regulators, and the courts, and rapid changes can have an impact on the way your clients do business.

Lays out all the legal liability issues regarding a given topic for both attorneys and lay people alike. The comprehensive treatment of liability helps you to understand the practical effect of business you conduct on the internet.
Provides a complete analysis of the legal treatment for each issue, with thorough research and commentary. The authors’ analysis helps you understand the many conflicts and inconsistencies among local, national, and international laws affecting electronic commercial transactions.
Provides authoritative opinions on whether the courts, the regulators, and the parties are making the correct judgments in how they proceed. These opinions help you to identify pitfalls you can encounter in attempting to comply with relevant electronic commerce laws.

The authors are the top experts in e-commerce law. Raymond T. Nimmer was reporter for the Uniform Computer Information Transactions Act, and is internationally acclaimed as an expert on electronic commerce law. Holly K. Towle is banking’s top e-lawyer and daily deals with practical issues faced by financial institutions in electronic commercial transactions. Together they provide authoritative analyses of all the different issues facing those transacting e-commerce, including rights, licenses, liabilities, and compliance.

Topics discussed in depth include:

Cybercrime, cybersquatting, cyberpiracy, and criminal penalties
Credit cards and credit transactions
Privacy and data control issues in a changing legal environment
Liability risks in dealing with third party information
E-Commercial intellectual property basics: copyright, DMCA, licensing, patent, and trademark law
Property rights beyond intellectual property: the right to control and protect one’s own computer and online system
Laws validating electronic transactions
Online contract formation
Linking, website, and online jurisdiction issues
Domain names and their control
Attribution: identifying the parties
Whether existing laws tailored for new technologies will cover an even newer technology (not sure if you should include this--it's a hot topic from the next update, but coverage is brief)
Digital signatures, electronic signatures
Terms of service: access contracts, online site or service agreements and application service providers
Liability for informational content
Consumer law issues in e-commerce
E-Mails and evidence in e-commercial contexts
Structuring the analysis of tax issues in the e-commerce context

This material also includes a topical index and cumulative table of cases, to make it easy to find the information you need.

About the Authors

Raymond T. Nimmer is the Leonard Childs professor of law at the University of Houston Law Center, where he also co-directs the Intellectual Property and Information Law Institute. One of the foremost national and international experts on electronic commerce, Professor Nimmer is the author of more than 10 books, including The Law of Computer Technology and Information Law. Professor Nimmer served as Reporter to the National Conference of Commissioners on Uniform State Laws for the Uniform Computer Information Transactions Act, an act that for the first time in commerce blends the multiple and disparate legal disciplines of commercial law, licensing, information, intellectual property, sales laws and financing. Professor Nimmer also serves as an expert witness and consultant in litigation concerning those areas as well as for bankruptcy matters. He is included in Who’s Who in America, Who’s Who in American Law, and in the International Who’s Who of Business Lawyers.

Holly K. Towle chairs the Electronic Commerce Practice Group of K&L Gates, a full-service law firm providing legal services from locations in the United States and abroad. One of the world’s most respected authorities on internet-based transactions and banking law, Ms. Towle is included in An International Who's Who Of E-Commerce Lawyers and in the Cyberspace and Banking law sections of The Best Lawyers in America. She speaks and is published nationally and internationally on electronic commerce, licensing, and online services. For almost a decade, she has commented on behalf of trade organizations or other clients on proposed legislation regarding computer information transactions, electronic commerce, software licensing, proposed revisions to UCC Article 2 and consumer protection rules, and continues to assess new legislative proposals for clients and to identify and analyze “new economy” issues for use in defending or maintaining litigation.