Authentication of Social Media Evidence
December 21, 2011
More and more, parties are attempting to introduce social networking communications into evidence. Beyond other admissibility obstacles, such as hearsay or relevance, a piece of evidence must satisfy Fed. R. Evid. 901 (or the state equivalent), which applies in both civil and criminal proceedings, and mandates that the material offered is "authentic," or what the proponent claims it to be.
.XXX General Availability Period: A Green Light to Block Red Light Domain Names
December 21, 2011
Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
New Regulations Will Enhance Disclosure for Your Pension Plans
December 19, 2011
After years of study, thousands of hours of congressional testimony, hundreds of hearings and uncountable public comments, the Department of Labor issued Reg 408(b)2 and 404(a), designed to force better disclosure. With this better information, it is hoped that both plan providers and participants will make better decisions, leading to improved retirement preparation for America's workers.
Talk to Your Employees About Unions
December 14, 2011
An open discussion about unions with your employees is legal and a good idea, whether you want a union-free environment or not, according to the author. Here's why.
HOW TO WRITE THE WORKING PRESS RELEASE
December 13, 2011
Publicity, which is a basic purpose of the media release, uses the release as a basic tool. It's not an end in itself, despite the artistry of a good release. Its purpose is to communicate ' an idea, a fact, a product's value or superiority. It should inform, it should be read by a target audience, it should clarify or persuade. And it should get published.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
November 29, 2011
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Has Your Firm's Security Had A Physical?
November 28, 2011
As physical security systems become more IT-centric, they are more often being identified as an application on the network and not as a disparate system. Security guards have been replaced by intelligent IP-based enterprise security systems that ideally are tied into the existing IT infrastructure and normally segmented via a VPN.