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.
The Law of Unintended e-Consequences
December 18, 2009
Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.
Social Networking in the Workplace
December 18, 2009
The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Employee References
December 18, 2009
When asked to provide a reference for a former employee, employers may feel that they are trapped in a no-win situation. They understand that prospective employers are trying to shield themselves from negligent hiring claims by engaging in the "due diligence" of checking with former employers. However, providing details about a less-than-stellar former employee's shortcomings is rarely the best course of action.
IP News
November 30, 2009
Highlights of the latest intellectual property news from around the country.
