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Features
As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.
Features
Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.
Features
A recent trend in the human resources community is to ask prospective employees for usernames and passwords to social media sites to allow the hiring employer access to otherwise private information about an employment candidate's "online identity." e-Commerce companies, even though they are based on and operate through online activities, sometimes through social media, should carefully consider what principals and hiring parties in the firms may view as a natural inclination to examine an applicant's or an employee's social media postings and persona by demanding access to the sites.
Features
Misclassifying employees as "independent contractors" may put employers in triple jeopardy. (<i>See</i> article <i>infra</i> by Rosanna Sattler.)
Features
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
Features
The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.
Features
Depending upon policy terms, D&O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.
Features
Appellate courts in both the United States and Australia recently addressed whether Google, Inc. violated the country's respective trademark laws through the use of third-party trademarks as keywords in Google's AdWords advertising program. Google suffered legal losses in both countries.
Features
Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like <i>The Daily Show</i> and <i>Family Guy</i> without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.
Features
This article addresses legal concerns in accessing a prospective employee's social media information.