Supremes' 'No' on Tiffany Review Keeps Status Quo
December 28, 2010
The upshot of the Second Circuit holding ' and the Supreme Court's denial to hear the appeal ' 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.
Cyber Monday Explodes
December 28, 2010
Little was virtual beyond a typical conversational reference to this holiday season's once-again record-setting Cyber Monday and other online-holiday shopping excursions. The retail-industry dubbed day for online shopping and incentives for consumers to cybershop hit the jackpot with an echoing boom Nov. 29, racking up the biggest day of online shopping in history and breaking the billion-dollar mark
Think Big Picture for Firm Pitches
December 22, 2010
At a time of great debate on traditional versus social media and the best means of contacting prospective clients, it is worth examining the essentials of successfully pitching a reporter on your law firm's news.
NLRB Action in the Age of Facebook
December 21, 2010
Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.
Retargeting Keyword Ads for Potential New Uses
December 21, 2010
Keyword advertising should be seen as simply one band on the spectrum of online advertising by franchisors and others to promote their brands. Much of that spectrum is now occupied by various types of behavioral advertising, in which advertisers can track conduct of users on the Internet to deliver advertising targeted to a user profile or recent Internet activity. Viewed in this light, a perhaps greater concern to brand owners than the types of sponsored links served by search engines are new opportunities for use of keywords to retarget advertising based on behavioral patterns of Internet users and in manners almost impossible to monitor.
Litigation
November 29, 2010
Analysis of a recent case of interest.
Electronic Discovery's Impact: Policies, Technology and Security
November 29, 2010
This was the decade of electronic discovery. Rapid development of technology, law and business processes, both in and out of the courtroom, brought legal and technical issues involving electronically stored information (ESI) to the fore. Although the General Counsel's office was the primary recipient of this uninvited wake-up call, legal is not the only department impacted by this change. IT departments across organizations must now understand the impact of ESI discovery obligations and regulations. Collaboration with legal is needed to create and implement new policies, while altering existing policies to keep pace with the rapidly evolving data storage and communication methods coinciding with the rising tide of ESI.
What's All This Talk About ROI of Social Media?
November 29, 2010
There are many discussions going on about the use of social media among attorneys. Surely there are folks who don't understand the value of these mediums, mostly because of inexperience in using them. "Why should I go on Twitter and tell someone what I'm doing? Who is going to care?" they ask. To those people, I would suggest turning that question around: "When I have just heard a piece of important and timely information that would benefit some of my colleagues, how can I tell them all at once ' easily and quickly?" Now that's the question to be asking.
Recognizing and Handling Online Fraud and Scams Using Company IP
November 29, 2010
The Internet as we know it has evolved into an almost limitless arena where just about everything short of physical activity can be done. This online "playground" allows a user to read magazines, research current events, share photographs, transact business, enjoy life through a virtual character, organize class reunions, and update friends that you just finished a great meal at your favorite restaurant. Yet, this playground is generally an unguarded realm that gives thieves, criminals and other troublemakers opportunities to make money through the use of sophisticated scams and frauds. These scammers are looking for any information that can be used for profit, such as Social Security numbers, credit card numbers, user names/passwords and bank account numbers.