Boom, Boom, Boom
April 30, 2009
While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.
Who Should Monitor Online Counterfeiters?
April 30, 2009
Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of "policing" online counterfeit activity. Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. This article summarizes some of the arguments.
e-Commerce and Canada
April 30, 2009
With a recession taking a chunk from some e-retailers' sales, U.S. entrepreneurs are looking to expand their e-sales base north of the border, onto Canadian consumers' computer screens. But reaching that wider shopper base can present problems, particularly when a Web retailer attempts cross-border transactions into Canada. Many retailers may be surprised to learn that a number of legal differences exist that can present thorny issues to even the smallest boutique U.S.-based Web site selling to customers who make their purchases online in Canada.
Cisco Legal Increases Efficiency
April 30, 2009
An ongoing challenge of Cisco Legal's priority to deliver value efficiently to its business customers is the need to facilitate intra- as well as inter-departmental collaboration with outside counsel and business partners and customers.
Data Loss Prevention: A Concept in Motion
April 30, 2009
The current economic climate, along with portable devices and the mobility of today's workforce, has truly created the perfect storm ' exacerbating DLP issues and expanding the definition of DLP and related needs beyond the piecemeal technology offerings currently available. Preventative steps like ethical walls can easily be applied to stored data ' but data in use is the true risk to address.
Twittering in Federal Court
April 30, 2009
Some federal judges are opening the door to the press reporting directly from their courtrooms in the interest of bringing more transparency to the judicial process.
Existing Internet Laws Reduce Constitutional Protections
April 30, 2009
Internet communication necessitates sharing content and data with third parties. The voluntary transfer of such content and related data to third-party Internet communication facilitators reduces or eliminates First, Third, Fourth, Fifth and Fourteenth Amendment rights of Internet users. The technology and protocols used to enable Internet communication, as interpreted by existing privacy statutes and case law, further compromises Internet users' privacy and publicity rights. Both legal notices and technological techniques may be used to ameliorate this outcome.
Trademark Protection in Cyberspace Rescued
April 30, 2009
A recent decision of the U.S. Court of Appeals for the Second Circuit, <i>Rescuecom Corp. v. Google Inc.</i>, has clarified precedent that had been assumed to foreclose Lanham Act challenges to the surreptitious use of trademarks to compete in cyberspace. In the wake of <i>Rescuecom</i>, that interpretation has been rejected, and advertisers have a potent weapon to protect their trademarks against unfair competition on the Web.
Social Media Policies: Your Firm Needs One
April 30, 2009
Being engaged in social networks has enormous value for your firm. Through them, you can establish thought leadership, find new recruits, provide a more efficient way for potential clients to find you online, and participate in and monitor discussions about the issues that impact your clients and your firm. The first thing you must do is create a social media policy ' or modify an existing policy that is free and available for you to borrow.
