Lessons from Twitter's Settlement with the FTC
The recent announcement that social-networking phenomenon Twitter has agreed to settle FTC charges that Twitter engaged in inadequate privacy and information-security practices illustrates some simple mistakes social media and other online companies can make.
Features
When the Virtual Storefront Is the Home Front
One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.
Features
Provisions of the Small Business Jobs and Credit Act of 2010
President Obama signed into law the Small Business Jobs and Credit Act (SBJC) of 2010 on Sept. 27. More than $12 billion in tax incentives and relief provisions that are contained in the Act will directly or indirectly affect law firms, partners, their staffs and their clients.
Whose Signature Is on the Check?
When it comes to getting paid for legal services, attorneys typically focus far more on getting paid than on who is making the payment. But they need to be concerned about the signature on the check.
Features
Social Media Marketing
There are good reasons to believe that social media represents the next frontier in effective legal marketing, and many competitors have already hit the ground running. What do you need to know?
Coping with Socially Networked Jurors
At the office, in the car or anywhere else, we share every detail of our daily existence in real time on Facebook. Most of the time, this is acceptable and constitutionally protected behavior. But what happens in the courtroom when jurors post their opinions about a case online during trial?
Features
New Laws Expand Whistleblower Protections
Federal statutes protecting whistleblowers are on the rise. Most recently, the Dodd-Frank Act, meant to overhaul and strengthen federal oversight of the financial system, included workplace protections for whistleblowers in the financial services industry. But that is not the only new law to include whistleblower protections.
Who Is Dealing With Social Media Policies?
Survey results show that 38% of the 1,700 respondents didn't know who was dealing with social media in their company. The remaining answers were spread across human resources, compliance, marketing, and, at the bottom of the list, the legal department. And while 84% say companies should have policies in place to address social media risks, only 35% say they do have them. But the risks of social media ' legal and reputational ' are real, and companies need to deal with them.
Features
How Private Is Facebook Under the SCA?
Despite huge technological advancements in the 25 years since passage of the SCA, and the ever-increasing prominence of electronic communication in our society, Congress has not amended the SCA to keep pace with changing technology. Rather, courts have had to lead the charge in applying the decades-old statute to modern Internet technology and electronic communication disclosure issues.
Features
Discrimination Against Employees with Caregiving or Family Responsibilities
Family care issues permeate the workplace, arising in the context of employee recruitment, growth, development and career advancement, and employee requests for time off, flexible schedules and other benefits.
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›