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.
Some Highlights of the Recently Enacted Stimulus Bill
April 29, 2009
On Feb. 17, 2009, the newly elected President Obama signed into law the colossal $800 billion American Recovery and Reinvestment Act of 2009 (the "Act"). This 1,000-plus-page piece of legislation contains many important tax-breaks and enhancements that can benefit law firms and their clients, as well as individual attorneys and staff members and their families. This article addresses several of these key tax provisions included in the new act that may be advantageous.
Determining the Proper Amount of Spousal Maintenance
April 28, 2009
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Lawful Data-Mining of Social Networks
April 27, 2009
To avoid legal difficulties when you mine information about people from social-network locations, make sure you employ three particular policies when using information mined from blogs. Here's how to proceed.
Tips for Drafting Employee Handbooks
April 27, 2009
The purpose of this article is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook.
Changes Coming for Customer Personal Data
April 27, 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 such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.
