DMCA: A Safe Harbor for Video Sharing?
October 29, 2008
As the popularity of Web video continues to grow, so too does the potential for contributory copyright infringement on popular video-sharing Web sites. These Web sites become venues for infringing behavior, simply due to the sheer number of users uploading new videos daily. Consequently, content owners have contended that such Web sites must take a greater role in stemming their users' infringement. The Web site owners have countered that they need only follow the dictates outlined by the DMCA safe harbors that can immunize service providers from copyright liability. Thus, both sides continue to dispute what it means to be compliant with the DMCA. They also dispute which entity should bear the ultimate responsibility for policing video-sharing sites for infringing content: the Web site owner or the content owner.
Changing Internet Pharmacy Legal Standards
October 29, 2008
Telemedicine, on the scene medically and legally for several decades, is an area ' in the form, strictly speaking, of providing some kind of health care or health-care products or services ' under the Big Top of the e-commerce fair that is subjected regularly to regulatory scrutiny, debate, enforcement actions, improvements and all the other aspects of e-commerce, although sometimes at a slower pace than within the sector's other channels.
SEC Guidance On Company Web Site Use
October 29, 2008
Over the last several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of e-commerce, products and information available to the public. One area of online business interaction, though, that particularly benefited recently is the information that corporate investor can find on a company's Web site. In August, the SEC, acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, issued an interpretive release providing updated guidance on the disclosure of investor information on company Web sites.
Mandatory Wellness Programs
October 29, 2008
While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.
Challenging Postjudgment Garnishment Actions Against Insurers
September 29, 2008
Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.
Danger Ahead
September 29, 2008
The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.
The Impact of the Internet on Strict Product Liability Law
September 29, 2008
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.
