The Office Bully: Are You Liable?
May 29, 2007
Title VII and similar state statutes penalize employees who harass others based on their status in a protected class. But there are currently no federal or state laws outlawing simple 'bullying.' However, the absence of these statutes does not permit employers to ignore with impunity the 'equal opportunity jerk' in their offices simply because the conduct, while obnoxious, is directed at everyone. In <i>EEOC v. National Education Association ' Alaska ('NEA-Alaska')</i>, 422 F. 2d 840 (9th Cir. 2005), the Ninth Circuit extended Title VII's reach to prohibit a supervisor's unquestionably abusive, but non-gender-related conduct, because the behavior impacted female employees more harshly than their male counterparts. Even before this case, there existed a grassroots movement to outlaw workplace bullying.
Internet Expands Trademark Infringement
May 25, 2007
It should strike no one as a surprise that the fluidity of using trademarks on the Internet expands the incidence of trademark-infringement claims and lawsuits. And along those lines, novel Internet trademark claims spring from the innovative but unlawful use of trademarks in e-commerce. Logically, then, it follows that Internet domain names, hyperlinks, meta tags and framing marks enlarge the number of trademark-infringement opportunities.
When the CEO Wants His 'Hotmail'
May 25, 2007
Not only do most of us not have a secretary tidying up our e-mail inbox each evening, but we also have many alternative inboxes for our business correspondence. Going through 'the file' has become an exercise not only in finding the appropriate messages and attachments, but in simply identifying all places and accounts where 'the file' might exist. Indeed, multiple accounts often are created by employees to bypass the hassles of security measures and record-retention policies diligently created by IT departments who often diligently enforce these polices and whose employees read and apply the information in publications like this one. Yet the rabbit-like multiplication of e-mail accounts has grave implications, not only for business, but, as we have seen in recent news, for anyone who uses e-mail ' including even our government leaders.
On the Razr's Edge: Mobile Marketing
May 25, 2007
Mobile marketing offers the best in advertising ' a direct, personal, measurable and dynamic means of engaging, informing, and entertaining consumers. But this mobile advertising frontier is hardly the Wild West. Plenty of federal and state laws regulate this direct-marketing vehicle. More than that, various industry groups ' most notably the Mobile Marketing Association ('MMA') ' have developed best practices designed to maximize advertising impact while minimizing potential legal entanglements.
Sale of Used Software Licenses in Germany
May 25, 2007
Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.
Movers & Shakers
May 25, 2007
News about the people leading the e-commerce industry.
The RED ZONE - Selecting Outside Firms
May 22, 2007
Red Zone strategies require knowledge of inside counsel's personal considerations in making decisions to retain outside counsel. More than objective data on organizational retention patterns are needed - you need to understand the personal and subjective sensitivity to the man or woman across the table.
