The Reality of Virtual ADR
May 31, 2013
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.
Using IP to Prevent Negative UGC Comments
May 31, 2013
Smart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message. In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet.
Bit Parts
May 31, 2013
Jury Instructions for Implied Contract Cases<br>No Safe Harbor for Uploads of Pre-1972 Sound Recordings
Identifying Unnamed Online Speakers
May 31, 2013
The '<i>Dendrite</i> test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to <i>Dendrite</i>, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since <i>Dendrite</i>, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in <i>Warren Hospital v. John Does (1-10)</i> has limited the application of <i>Dendrite</i>.
Should Lying About Your Age Online Be a Federal Crime?
May 31, 2013
The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.
FTC Warns Companies of Children's Privacy Violations
May 31, 2013
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
The Voice of the Client: Content Is King
May 30, 2013
With belts already tight and so many firms chasing less legal work, it is critical for law firms to stand out from their competition ' and they need to do so in a way that resonates with clients.
Insurance Coverage for Cyber Attacks
May 30, 2013
Last month, Part One of this article addressed the role of traditional insurance in covering cyber risks. This second installment first continues the discussion of traditional insurance coverages and then addresses specialty "cyber" policies.
