Obtaining Assent in Today's e-Conomy
July 29, 2010
This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.
The DMCA Safe Harbor Provision Is Stronger Than Ever
July 29, 2010
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
The Brave New World of e-Workplace Privacy Policies
July 29, 2010
Embodying some of the aspects of Big Brother is not a new role for an employer. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. Part One of this article examines the potential liability for employers involved with social media and e-mail use.
Judicial Takings
July 29, 2010
Can a state court decision effect a judicial "taking" in violation of the federal constitution? The United States Supreme Court addressed that question this term, but did not furnish a definitive answer.
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