FCC Proposes Rules That Impact Online Privacy
May 01, 2016
'Broadband Internet access service" (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Because BIAS is largely invisible, Rarely do we consider that ISPs that provide BIAS to consumers have extraordinarily broad access "to very sensitive and very personal information." The FCC has adopted a NPRM that proposes to establish privacy guidelines applicable to ISPs.
Quality Control Of Trademarks in Social Media
May 01, 2016
Trademark licensors, including those in the entertainment industry, are scrambling to keep up with the evolving use of social media as a tool for business advertising. As technology changes, so must the provisions in a trademark license.
EU Approves GDPR
May 01, 2016
Coming off the heels of the EU Article 29 Working Party Opinion on the Privacy Shield, the EU Parliament passed the General Data Protection Regulation (GDPR) on April 15, which overhauls the union's Data Protection Directive rules set forth in 1995. This regulation applies to all business and organizations targeting EU consumers, regardless of their geographic location.
Ethics and Criminal Practice
May 01, 2016
Last month, we asked the question: When faced with a client whose social media postings may harm his legal case, is it ethical for the attorney to advise the client to alter or delete those postings? We conclude this discussion herein.
Millennials Approaching Partnership: Now What?
May 01, 2016
Since debuting in law firms nearly a decade ago, the latest generation of lawyers has raised more than a few eyebrows. Workplace flexibility, firm culture integration, meaningful training with takeaways and clearly defined billable hour goal options were not nearly as mainstream before the arrival of the Millennials.
Marketing Tech: Embracing IoT and Big Data Means Embracing Future Success
May 01, 2016
These days, we are continually being bombarded by one new tech concept after another ' the most current being IoT (or the Internet of Things) and Big Data. To feel secure moving our businesses forward among the onslaught of all these changes, it is necessary to simplify our understanding.
Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue
May 01, 2016
The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"
Admissibility of Evidence Obtained From Facebook
May 01, 2016
This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.
Law School, Disrupted
May 01, 2016
The last few years have been rough for legal education. But shoots of innovative, provocative life can be seen at a few law schools. And these changes hint a broader change coming for all in legal education.
Using Communication Decency Act and Promissory Estoppel to Combat Internet Defamation
May 01, 2016
Internet defamation is a regular occurrence. While the common law affords e-defamation victims a right to sue both the original speaker of the defamatory statements and the publisher, Internet anonymity of the original speaker and the publisher's use of Section 230 of the CDA often make such litigation difficult. However, the CDA also provides a basis for combating Internet defamation.
