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.
- December 27, 2011Jonathan Bick
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.
December 27, 2011Alan L. Friel and Jesse M. BrodyIllinois is now one of 22 jurisdictions in the United States that extend some form of state-level spousal rights to same-gender couples.
December 14, 2011Belinda S. MorganThis 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.
December 14, 2011Russell E. AdlerFacebook 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.
November 30, 2011Jenna GreeneThis 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.
November 30, 2011Chet A. KronenbergAn 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.
November 28, 2011Jonathan BickIn 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.
November 28, 2011Brian Glaser and Steven SalkinGiven 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.
November 28, 2011Richard Raysman and Peter BrownIn 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.
November 28, 2011Brian Glaser and Steven Salkin

