In many license and services agreement negotiations the last clause to be finalized is the limitation of liability clause. There’s good reason for this because at the end of the day, after all the details regarding obligations [...]
William S. Galkin, Esq.
Recent Posts
Without careful drafting, non-solicitation restrictions in your employment agreements can be easily undermined by an ex-employee’s use of LinkedIn and other social networks, as the two recent cases below demonstrate.
Earlier this year, the Federal Trade Commission (FTC) sent more than 90 letters to advertisers and influencers using Instagram reminding them of their obligations to disclose brand relationships in social media posts, in [...]
An examination of the steps leading up to the swift demise of one multi-million-dollar lead generation company exposes many lessons that should be quickly learned by others in this business.
Lenz v. Universal Music Corp. represents 10 years of questionable effort on the part of the Electronic Frontier Foundation (EFF) to curb an imagined potential for abuse by powerful copyright owners when sending takedown notices [...]
With the plethora of portable digital recording devices – hey everyone’s got one in their pocket or on their hip – this is no longer an issue for some undercover law enforcement action. Think conversations at work, spousal [...]
When you are starting your new exciting business, you want to develop your great product and get out into the market as quickly as possible, all the while keeping costs down.
However, at the same time, you will likely be [...]
A U.S. District Court in Brooklyn has dismissed two lawsuits against Facebook, one brought by families of victims of Hamas terror attacks, and the other brought by 20,000 Israeli citizens. The claims allege that Facebook provided [...]
It’s actually pretty easy to lose the attorney-client privilege protection when sharing documents online.
Background:
Section 512(c) of the Digital Millennium Copyright Act (DMCA) is largely responsible for the plethora of user-generated content on the Internet. Section 512(c) provides that a service provider (e.g., a website) will [...]
