Features
Online International Trademark Issues: Some Practical Considerations
What happens when a U.S. company's trademark is misused on the Internet outside of the United States? Short of litigating in that country, is all hope lost in addressing the problem? With the Internet and its global reach, even minor abuses are easily found and can cause real problems for a brand owner. Given the obvious jurisdictional roadblocks that exist in litigating in the U.S. against a foreign person or entity, there are some practical tactics that could prove useful in addressing and preventing this type of problematic behavior.
Features
Internet Service Providers' Access to e-Mail Content Is Not an Invasion of Privacy
e-Mail and privacy are cornerstones of online commerce that successful e-commerce firms spend significant capital to operate properly, efficiently and legally. e-Commerce counsel should bear in mind, however, that the e-mail-content protection that some parties may enjoy against government and private access does not extend to certain entities that process e-mail.
Features
Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns
This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Features
Illinois' Civil Union Act
Illinois is now one of 22 jurisdictions in the United States that extend some form of state-level spousal rights to same-gender couples.
Features
Avoiding Whistleblower Retaliation Claims Under the Dodd-Frank Act
This article provides an overview of the Dodd-Frank Act's whistleblower and anti-retaliation provisions, as well as practical steps to help employers avoid retaliation claims.
Features
<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>
Facebook has settled Federal Trade Commission charges that it deceived its users and failed to keep their information private, agreeing on Tuesday to establish a comprehensive privacy program that includes independent audits for the next 20 years.
Features
Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
Features
ISP Access to e-Mail Content Is Not Invasion of Privacy
An Internet Service Provider (ISP) can legally search the e-mail that it processes. ISPs may lawfully search the content of users' e-mails for many purposes, including assisting law enforcement, ensuring compliance with the ISP's terms-of-use agreement and protecting the ISP from legal difficulties, to name a few. Such activities do not currently constitute an invasion of the e-mail user's privacy.
Features
Companies and Lobbyists on Both Sides of SOPA
In mid-November, a number of corporations joined in the debate and lobbying over the Stop Online Piracy Act (SOPA), a new piece of legislation introduced in October by House Judiciary Committee chairman Lamar Smith (R-TX) that is being considered by that committee.
Features
Authentication of Social Media Evidence
Given the possibility of impersonation and digital fabrication in the online world, the information displayed on social media profiles is not immediately verifiable and presents issues of authentication and admissibility under the Federal Rules of Evidence.
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