Virtual Worlds
July 29, 2009
Given the rising popularity of virtual worlds and the ability to generate real-world income from activities within the virtual realm, it is not surprising that the virtual marketplace is thriving and that trademark and copyright infringements occur on a regular basis.
Is Patent Marking an Issue?
July 29, 2009
When choosing which claims to assert against an infringer, the traditional thought is "more is better." That is, many choose to assert any and every claim that passes the Rule 11 test. While this strategy is understandable and often the best course of action, it might not yield the best damages result.
Medical Providers and Social Networking Sites
July 29, 2009
In many ways, today's social networking systems are wonderful tools, bringing people together ' and no longer just the domain of teenagers. But these networking systems raise a set of issues that require us to think about confidentiality and professionalism in a new way.
Grant Money Doesn't Come Free
July 24, 2009
During the economic downturn, a wealth of economic opportunities may seem like easy money. However, it is important that experienced and new grantees understand that these grants are a far cry from free money. Below is a rundown of some things that counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act.
FTC Signals Tougher Standard For Online Tracking Disclosures
July 24, 2009
On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.
The Cult of Personality
July 24, 2009
Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.
Are Web Applications a Security Concern?
July 24, 2009
Over the Fourth of July holiday weekend, a wave of cyber-assaults, or "denial of service" attacks, believed to have originated in North Korea, targeted a number of U.S. and South Korean government agencies and commercial Web sites, causing some to suffer temporary outages. While there were no reported leaks of classified information or serious damage to networks, the organized assault underscored the conclusions of a recent White House cybersecurity review; namely, that the country's digital infrastructure and domestic networks are not secure.
Look, But Don't Log In
July 24, 2009
Unlike an employer's internal e-mail system, which is generally understood to be under the ownership and control of the employer, personal Web-based accounts accessed at work raise new and unsettled questions about an employee's expectations of privacy.
Changes Coming for Personal Data Gathered Online
July 24, 2009
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass legislation that mandates the use of encryption. Michigan is considering similar legislation. This is an area to watch as other states could consider such legislation.
