Commercial Law

Features

When the FTC ramped up its scrutiny of so-called "native" advertising this year, regulators faulted the department store chain Lord & Taylor for failing to disclose that seemingly objective promotions of a clothing collection were, in fact, paid for by the fashion retailer. Then in July 2016, the FTC showed that a company can make disclosures but still fall short of being fair to customers.

Features

Your favorite internal client has just messaged you about a new contract that needs a rush review. The counterparty is reportedly one of the hottest new "fintech" companies in Silicon Valley. You are the master of all things vendor contract-related in your shop, but perhaps this is the first fintech contract to cross your desk. This article addresses some of the special issues that might be presented by this sort of contract.

Features

Have you heard? 70% of the U.S. Internet population are using social media and more than 50% of them are over the age of 35 (that's right ' it's not just millennials). But did you know that in-house counsel are active social media participants? In fact, their usage is growing and today nearly two-thirds of general counsel are engaging at least weekly in social media for professional reasons.

Features

Microsoft and other U.S.-based internet service providers won a major victory on July 14 at the U.S. Court of Appeals for the Second Circuit, which reversed a lower court in finding the company is not required to comply with a U.S. warrant for customer e-mails stored on a server in Dublin.

Features

Consumers, particularly online shoppers, are constantly looking for a discount. Given that "nobody pays retail anymore," online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices.

Features

Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.

Features

Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.

Features

It is no surprise to anyone that certain industries are more of a target for cyber criminals than others, although today all businesses are likely on the radar. The financial institutions and large retailers usually get most of the attention. However, four industries are high-value targets, and lag behind the preparation curve: hospitality, healthcare, higher education and legal.