Cloud Computing Agreements
April 02, 2015
Given the importance of IT to most modern entities' operations, companies must balance the benefits of outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
Browse, Click, Sign, Enforce
April 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice ' afterthoughts most of the time. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms, such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
Representing Clients Ethically in the Digital Age
April 02, 2015
While technology is constantly evolving, attorneys' ethical duties to provide competent representation and preserve confidentiality remain the same. From initial intake through litigation, technical competence is required.
Approaching Payment Processors To Fight Counterfeiters Online
April 02, 2015
There are lots of knock-offs of entertainment industry goods that flood the marketplace. You can find them on the street, but more and more shoppers buy them online. And the online purveyors of counterfeit goods can be particularly difficult to thwart. Cease-and-desist letters are fine,DMCA take-down letters are helpful, but if you really want to cause counterfeiters pain and stop them from infringing on intellectual property rights, you need to cut off their lifeline: cash flow.
Loss for QVC on Internet Crawling Case
April 02, 2015
In an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.
What Makes Text Messages Not Hearsay?
April 02, 2015
In <i>Commonwealth v. Koch,</i> the Pennsylvania Supreme Court gave us a present in the form of an affirmance of a Superior Court panel decision that reversed the trial court's denial of the exclusion of text messages on the grounds that they were hearsay. Because the affirmance was the result of a six-justice court being evenly divided at 3-3, none of the opinions is controlling. Nevertheless, they provide insight into the issues arising from the attempt.
How to Obtain Social Media Data for Defending Lawsuits
April 02, 2015
Obtaining social media user content under most circumstances is extremely difficult unless you use the correct strategy. It is pivotal that a practitioner understands how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
To Avoid Claims, Assess Privacy Impacts of Marketing And CRM
April 02, 2015
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
Effect of Omnicare On Private Placements in Film Ventures
April 02, 2015
In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.
Small-Firm Marketing
April 02, 2015
In a market flooded with newly minted attorneys, spreading the word about your services can feel like an empty pursuit. Attorneys just don't have the time or marketing expertise to experiment with new tactics, so they settle for traditional channels like TV commercials.
