Electronic Privacy in the Workplace
January 28, 2010
Electronic privacy in the workplace is already a tangled subject, with only a few sure footholds for employers. The Supreme Court's upcoming ruling in <i>Ontario v. Quon</i> will hopefully provide some unifying guidance in this developing area of the law.
Technology in Marketing: Got 'G' Cred?
January 27, 2010
Believe it or not, there is actually a term describing the impression that's created when someone types your name into the Google search box and results appear (or not appear as the case may be).
Bit Parts
December 21, 2009
Country Artist's Bankruptcy Filing Not in Bad Faith<br>Permanent Injunction Against File-Sharer Tenenbaum Is Limited, But Judge Details Criticism of Fair Use Defense
Evidence on Social Networking Sites
December 21, 2009
Social networking sites offer an abundance of exculpatory and impeaching evidence that may not be obtainable without some undercover detective work. Unfortunately, discovery rules and ethical guidelines have not kept pace with the digital sprawl of MySpace and Facebook. In the absence of explicit direction from the Rules of Professional Conduct and the laws governing online behavior, flying a false flag in these uncharted waters may be hazardous.
Tweet Tweet: The Rockin' Copyright Debate
December 21, 2009
Is a Tweet on the Twitter networking site protected by copyright law? The question is complex and without a definitive answer. The prevailing opinion is no, but with some possible exceptions.
'Voodoo Information': Authenticating Web Pages In Federal Court
December 21, 2009
During the life of any case, there will likely be valuable information obtained from the Internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the Web page, which was either downloaded as a .pdf or printed directly from the Web site. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
Can a Lender's Own Acts Void Its Title Policy?
December 18, 2009
It has long been recognized that claims go up in an economic downturn just as the underwriters' ability to pay decreases. But is there more going on in this new era of strict scrutiny for title claims? Is the evidence merely anecdotal?
'Cyber Monday' a Big Hit Again
December 18, 2009
Cyber Monday, three days after Black Friday (the traditional start of the holiday shopping season for bricks-and-mortar retail outlets), was its usual hit with e-tailers in 2009 ' in fact, the largest yet in terms of sales. Comprehensive final sales figures weren't available by press time, but it appears that online shopping at the start of the holiday season was up at least 5% over 2008.
FTC Guidelines Fallout
December 18, 2009
The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.
