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.
Retailer Transparency and Landlord Agility
October 26, 2009
Shopping center and store landlords have been rudely surprised by the speed and breadth of their tenants' downward spiral in the economic implosion of the past year. But the damage might have been mitigated by corrective measures taken earlier in the cycle.
Blogging Checklist
September 30, 2009
An integrated blog added to your online presence is certainly a consideration for any lawyer today looking to market his or her practice and/or firm. There are a handful of reasons why ' and why not ' to launch a blog.
The PPC Trademark Battle Continues
September 30, 2009
This article recently ran in our sister publication entitled Internet Law & Strategy. We felt it was important to share with our readers.
Five Reasons for Lawyers to Use Social Media
September 29, 2009
This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The <i>what</i> and <i>how</i> of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about <i>why</i> a lawyer might want to use social media.
TextMap Version 5: New Uses for a Familiar Tool
September 29, 2009
A bunch of loose nails can be pounded with a shoe or a rock, but why not buy a hammer so you have the right tool for the job? Similarly, a load of transcripts can be tagged with sticky flags and painstakingly summarized on a yellow legal pad, but why not use software to help you comprehensively manage and annotate them? TextMap 5 from LexisNexis (formerly CaseSoft) is the right tool for the job.
Enforceable Browse-Wrap Contracts
September 29, 2009
Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.
