Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the Lenz fair use rule.
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.
This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Much as was anticipated, the European Commission recently announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe.
This article discusses COPPA generally, recent enforcement actions, and the issues surrounding the proposed amendments to the COPPA regulations, including whether COPPA's definition of "personal information" should be expanded to cover geolocation and behavioral advertising data, and what new methods of parental notice should be adopted.
As with many transactional entertainment and sports matters, there are a number of critical tax issues that bear upon the endorser's ultimate take-home pay. This topic divides neatly into U.S. persons working outside the U.S., and non-U.S. persons working inside the U.S. This article discusses U.S. persons working abroad.
