New Burdens for Federal Contractors
November 24, 2009
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
In the Spotlight: Negotiating a Rooftop Antenna Contract
November 24, 2009
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
Use on Foreign Web Site Is Not U.S. 'Publication'
October 29, 2009
In a ruling of first impression, the U.S. District Court for the District of Delaware decided that photographs published on a foreign Web site weren't simultaneously "published" in the United States. The photographer thus wasn't required to register the photographs with the U.S. Copyright Office prior to filing an infringement suit.
Accepting a 2(f) Registration
October 29, 2009
There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.
Revised FTC Guidelines: Blogger Beware
October 28, 2009
Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.
Enforceable Browse Wrap Contracts
October 28, 2009
With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement ("click-wrap"). But more often than ever, browse-wrap agreements are replacing click-wrap agreements.
Location, Location, Location
October 28, 2009
Today, no business starts without planning its Web site and online strategy. But is the same attention given to the choice of the Web site host as to the more exciting aspects of the site design? For example, you should not choose your host on price alone, as a commodity purchase. Instead, you should consider other factors, just as in choosing any vendor or business partner.
The FTC Blog Rules: Overbroad or Overblown?
October 28, 2009
To read reactions to the Federal Trade Commission's new guidelines announced last month on product testimonials and endorsements, one would conclude that bloggers must now tiptoe through a minefield of disclosures or else face the strong arm of the federal government and penalties of as much as $11,000. Only problem is, the guidelines don't say that.
FTC Reassures Bloggers: Big Brother Isn't Watching
October 28, 2009
Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.