The NLRB Wants to Be Your 'Friend'
October 28, 2011
Many employers have implemented ' or at least considered implementing ' social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information. Many of these policies likely contain blanket prohibitions of disparaging, discriminatory or defamatory remarks in relation to the company or its employees. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of a NLRB recent decision.
Copyright Restoration Arguments at the U.S. Supreme Court
October 28, 2011
No musicians played on the steps of the Supreme Court when inside the justices heard oral arguments in <i>Golan v. Holder</i>, which touched on a range of intellectual property issues and musical works from classical's Dmitri Shostakovich and Igor Stravinsky to classic rock's Jimi Hendrix. The impact of how the high court interprets Congress' 1994 amendments to the Copyright Act could affect the future use of possibly millions of pieces of works and may refine how U.S. law defines acceptable use versus infringing abuse in a global community.
Limit on Assigning Right to Pursue Online Copyright Infringement
October 28, 2011
Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.
Coverage Quandary: Is Cyber Insurance Necessary?
October 28, 2011
It's been a wild year for cyber crimes. It all may be falling far too close to home for BigLaw firms and corporate counsel, who are beginning to shop for ' or who are at least beginning to ask a lot of questions about ' cyber insurance. Queries include exactly what the policies cover and cost, how insurers quantify losses and whether the policies are necessary.
Undressing .XXX: Sexier Than the Name Itself
October 28, 2011
Historically, big corporations with multi-million dollar brands and the adult-entertainment industry have been on opposite sides of the fence over brand protection, with owners of famous brands like Nike, Starbucks and Lexus claiming any association of their marks with adult entertainment constitutes dilution by tarnishment. The adult-entertainment industry has very often met such claims as unfounded attempts to stifle its First Amendment right of free speech. Ironically, but legally predictably as far as protecting e-commerce interests, since the introduction of .XXX, both camps are united in a battle with ICANN and ICM to protect their brands from misappropriation.
Keeping an Eye on the Federal Civil Money Laundering Statute
October 26, 2011
Every year, federal prosecutors file many hundreds of criminal money laundering cases. The charge can appear in a dizzyingly wide array of contexts, as the MLCA's definition of the necessary underlying "specified unlawful activity," or SUA, extends to literally hundreds of different crimes.
White-Collar Wiretaps
October 26, 2011
Officers and directors of public companies, as well as their lawyers and other consultants, are on notice that the government just may be "listening in." How justified is their newfound concern, and what can be done to limit exposure to criminal liability? We continue the discussion herein.
