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Online International Trademark Issues: Some Practical Considerations Image

Online International Trademark Issues: Some Practical Considerations

Richard E. Peirce

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 Image

Internet Service Providers' Access to e-Mail Content Is Not an Invasion of Privacy

Jonathan Bick

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 Image

Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns

Alan L. Friel & Jesse M. Brody

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 Image

Illinois' Civil Union Act

Belinda S. Morgan

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 Image

Avoiding Whistleblower Retaliation Claims Under the Dodd-Frank Act

Russell E. Adler

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> Image

<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>

Jenna Greene

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 Image

Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies

Chet A. Kronenberg

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 Image

ISP Access to e-Mail Content Is Not Invasion of Privacy

Jonathan Bick

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 Image

Companies and Lobbyists on Both Sides of SOPA

Brian Glaser & Steven Salkin

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 Image

Authentication of Social Media Evidence

Richard Raysman & Peter Brown

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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