Performing a Litigation Audit on Your Corporate Agreements
July 28, 2009
In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
Grant Money Doesn't Come Free
July 28, 2009
Here is a list of some things that in-house counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act. This list is especially critical for grant neophytes, particularly for-profit companies making their first foray into the grants world.
Grant Money Doesn't Come Free
July 24, 2009
During the economic downturn, a wealth of economic opportunities may seem like easy money. However, it is important that experienced and new grantees understand that these grants are a far cry from free money. Below is a rundown of some things that counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act.
Enforcing and Attacking e-Commerce Patents
July 24, 2009
The validity of business method patents may be the lifeblood of an e-commerce enterprise. After all, nearly every successful Web site or Web-based service has at its core some intellectual property. Here we consider the enactment of the new local patent rules for the District of New Jersey, which became effective Jan. 1 and how they reflect on New Jersey as a suitable venue for patent suits.
FTC Signals Tougher Standard For Online Tracking Disclosures
July 24, 2009
On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.
The Cult of Personality
July 24, 2009
Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.
Are Web Applications a Security Concern?
July 24, 2009
Over the Fourth of July holiday weekend, a wave of cyber-assaults, or "denial of service" attacks, believed to have originated in North Korea, targeted a number of U.S. and South Korean government agencies and commercial Web sites, causing some to suffer temporary outages. While there were no reported leaks of classified information or serious damage to networks, the organized assault underscored the conclusions of a recent White House cybersecurity review; namely, that the country's digital infrastructure and domestic networks are not secure.
Look, But Don't Log In
July 24, 2009
Unlike an employer's internal e-mail system, which is generally understood to be under the ownership and control of the employer, personal Web-based accounts accessed at work raise new and unsettled questions about an employee's expectations of privacy.
Changes Coming for Personal Data Gathered Online
July 24, 2009
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass legislation that mandates the use of encryption. Michigan is considering similar legislation. This is an area to watch as other states could consider such legislation.
