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.
Service Credits in the Cloud
November 29, 2010
Service providers need incentives to continue providing top-notch service.That is what most customers believe. Whether a customer engages a vendor for cloud computing, software offered as a service ("SaaS"), outsourcing, or simply the maintenance aspect of a traditional software licensing agreement, if an element of the deal is for the vendor to provide ongoing services, the customer will always seek a financial lever to provide the vendor with an incentive to perform.
Practice Tip: Deposition of Plaintiff's Expert
November 29, 2010
Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.
New York Internet Tax Law Does Not Violate Commerce Clause
November 29, 2010
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.
Waiting for Courts To Help in Internet-Based Franchise Encroachment?
November 29, 2010
Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.
