Viacom Appeal May Decide Future of the Web
January 26, 2011
A long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit ' and the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.
NLRB Action in the Age of Facebook
January 26, 2011
The National Labor Relations Board issued an administrative complaint against American Medical Response of Connecticut, alleging that it violated the National Labor Relations Act by terminating an employee and for maintaining a policy in its handbook that trammels employees' rights under the NLRA. This particular complaint received nationwide media attention because the allegations centered on an employee's use of Facebook, and her employer's alleged reliance on her Facebook postings in terminating her employment.
Bradford & Barthel's Evolution with Google Apps
January 26, 2011
Rapid growth at Bradford & Barthel in 2009 exposed a major firm challenge: finding an effective way to associate technology and knowledge management with firm strategy and business objectives.
Privacy Class Actions Lag Behind the Online World
December 28, 2010
Lawyers in Silicon Valley are dealing with a new wave of privacy class actions involving online advertising. Plaintiffs accuse companies of misdeeds ranging from improperly selling users' information to tracking consumers' online activity without their consent or knowledge. There's one thing defense and plaintiffs' attorneys can agree on: Current U.S. laws do not clearly define what online companies can and can't do, nor what remedies are available for violations.
Recognizing and Handling Online Fraud and Scams Using Company IP
December 28, 2010
In Part One of this article, in the December 2010 issue, the author detailed some recent online frauds and scams involving the use of a company's intellectual property. Part Two finishes that examination and provides some preventive measures that can be taken to avoid being the target of those scams.
Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i>
December 28, 2010
In <i>Tiffany v. eBay</i>, the Second Circuit affirmed the District Court's ruling in favor of eBay on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising. The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention.
So Much Social Media Data, So Little Guidance
December 28, 2010
All of our online social interaction has created mountains of personal information about users that, prior to the advent of social networking, would have been regarded as private and difficult to obtain. The potential usefulness of that data in litigation is obvious. With just a few mouse clicks, litigators can investigate the background and views of opposing parties and key witnesses ' as well as potential jurors. The prevalence of social networking data raises novel issues with respect to the use of this information in litigation.
e-Commerce Bounces Back Strongly in Third Quarter
December 28, 2010
Are Americans taking to heart the talk of politicians and some private-sector observers that the long-punishing economic and financial crisis that has put businesses into scrapbooks and people on the street is on the wane? The Census Bureau said recently that preliminary estimated U.S. retail e-commerce sales shot up 4% from the second quarter, tallying $41.5 billion.
