The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
- October 28, 2009Alan L. Friel
As the firm's mobile users came to rely more heavily on their smartphones, small service issues began to occur that the IT support team could not quickly isolate.
October 28, 2009Robert HollowayAs many matrimonial law practitioners know, New York's laws concerning eavesdropping and the admissibility of evidence obtained while doing so often keep very relevant information out of the courtroom. Herein is a discussion of what this means.
October 28, 2009Janice G. InmanAn integrated blog added to your online presence is certainly a consideration for any lawyer today looking to market his or her practice and/or firm. There are a handful of reasons why ' and why not ' to launch a blog.
September 30, 2009Jennifer TopperThis article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The what and how of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about why a lawyer might want to use social media.
September 29, 2009Evan BrownA bunch of loose nails can be pounded with a shoe or a rock, but why not buy a hammer so you have the right tool for the job? Similarly, a load of transcripts can be tagged with sticky flags and painstakingly summarized on a yellow legal pad, but why not use software to help you comprehensively manage and annotate them? TextMap 5 from LexisNexis (formerly CaseSoft) is the right tool for the job.
September 29, 2009Brett BurneyI've seen too many files squeeze in right under a filing or courier deadline. Everything is in order, the document content, footnotes, citations, and your tables. Just prior to, or after clicking the final Save, Send or Print, the Table of Authorities ("TOA") and Table of Contents ("TOC") are updated: The tables fall apart, page numbering is incorrect, text mysteriously appears or disappears from within the table, and formatting takes on a whole new look (and not for the better). I don't see this scenario changing much. Last-minute edits are the nature of the beast. I won't even go into the frayed nerves! What can change is understanding why the tables "fell apart" in the first place, and how to get that file out the door in an acceptable format. You can worry about fixing the file at a later time.
September 29, 2009Sue HughesDoing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.
September 29, 2009Jonathan Bick and Karen BergerA Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.
September 29, 2009Mark HamblettWeb sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.
September 29, 2009Richard Raysman and Peter Brown

