Social Media and Negotiating Celebrity Endorser Morals Clauses
May 27, 2011
One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.
Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules
May 27, 2011
For lawyers struggling to cut costs and boost efficiency, Internet-based data storage and client service has been a popular alternative. But those who have their heads in the clouds when it comes to client confidentiality concerns may get a wake-up call by the American Bar Association.
Software Developer's Suit Against ConnectU May Go Forward
May 27, 2011
A Massachusetts state court judge has ruled that a Boston software developer's case against defunct social media site ConnectU Inc. and its founders and key shareholders, including the Winklevoss twins, can move forward. Also, the Winklevosses' have taken their bid to undo their Facebook settlement to the Supreme Court.
Prosecuting Internet Bad Acts Using Nuisance Law
May 27, 2011
Myriad Internet-related violations of both criminal and civil statutes are not prosecuted because their novelty requires excessive effort by the moving party. When cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful. Rather than pursuing traditional criminal or civil actions that are based on a specific act, the use of nuisance-law injunctions that are based on generally objectionable behavior may be a better alternative.
Taxing Online Sales
May 27, 2011
Illinois Governor Patrick Quinn signed the "Main Street Fairness Act" into law, making Illinois one of a growing number of states seeking to collect sales tax revenues from a retail market traditionally beyond their reach ' the world of online commerce ' by focusing on the role of local online marketing affiliates.
e-Commerce, Total Spending, Rise Again
May 27, 2011
Economic data often seems like the weather ' fickle and hard to predict, or rely on. But raw revenue data doesn't lie, and according to U.S. Census Bureau, overall preliminary estimated retail spending and e-commerce sales in the first quarter of this year reached record high.
Content Is More Kingly Than Ever
May 27, 2011
As many e-commerce entrepreneurs know, video is a public reputation tool whose time has come ' and the time is right now.
Nuisance Law Can Squelch Web Obscenity
May 27, 2011
Myriad Internet-related violations of criminal and civil statutes are not prosecuted because their novelty requires the moving party to exert excessive effort. The truth is that when cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful. Rather than pursuing traditional criminal or civil action, each of which would be based on a specific act, the use of nuisance-law injunctions may be a better alternative in responding to Internet bad acts, because such injunctions are based on generally objectionable behavior.
Don't Assume Your e-Profits Away
May 27, 2011
Perhaps we all have heard the warning given by my late high school geometry teacher about what "U and Me" become when we make an (unwarranted) <i>assumption</i>. However aged my former teacher's "assume" joke may have been, I think it is an excellent reminder of why overt and implied assumptions underlying e-commerce must be considered in making business plans.
<b><i>Case Study:</i></b> Taking on the Cloud As a Solo Practitioner
May 26, 2011
When the decision to purchase traditional practice management software or subscribe to a Software-as-a-Service ("SaaS") provider arose this past January, I didn't have time to become mired in a rigmarole of sales calls and consultants. I simply wanted direct access to a product that would increase my productivity, file sharing and practice cohesiveness. I also wanted something that fit into my hardware preference for Mac products.