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.
The FTC's New Endorsement Guides
October 28, 2009
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
Significant Class Action Win for the Pharmaceutical Industry in Quebec
October 26, 2009
On Aug. 17, 2009, in <i>Goyette v GlaxoSmithKline, Inc.</i>, Justice the court ruled in favor of the respondent GlaxoSmithKline Inc (GSK), dismissing a motion for authorization to institute a class action made by the petitioner on behalf of all persons residing in Canada who allegedly experienced dependency and withdrawal problems as a result of using the antidepressant Paxil.
Too Much Information?
October 26, 2009
There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.
Lessons Learned: The DOJ's Crackdown on Hiring Practices
October 26, 2009
Over the past several months, the DOJ has begun investigating several leading technology companies for possible violations of the antitrust laws. One focus of the multi-faceted investigation is whether certain companies have violated antitrust laws by agreeing among themselves not to recruit one another's employees.
