HOW LINKEDIN CAN UNDERMINE YOUR EMPLOYEE NON-SOLICITATION RESTRICTIONS

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.

CLEARING YOUR DIGITAL ADVERTISING TO AVOID LIABILITY

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 [...]

HOW NOT TO RUN A LEAD GENERATION BUSINESS: and avoid receiving a $104 million fine from the FTC

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.

THAT BABY WON’T BE DANCING AT THE SUPREME COURT – Due diligence obligations of copyright holders before sending a DMCA takedown notice

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 ALL EYES ON COMEY, DOES IT MAKE YOU WONDER: “when is it legal to secretly record a conversation?”

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 [...]

DOES YOUR STARTUP HAVE ITS INTELLECTUAL PROPERTY HOUSE IN ORDER? Cutting corners early on can be costly down the line

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 [...]

LAWSUIT AGAINST FACEBOOK FOR AIDING TERRORISTS TOSSED: The infamous power of the CDA

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 [...]

HOW TO LOSE THE ATTORNEY-CLIENT PRIVILEGE IN THE CLOUD

It’s actually pretty easy to lose the attorney-client privilege protection when sharing documents online. 

COURT PUTS CHINK IN DMCA IMMUNITY ARMOR: Be careful in use of moderators

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 [...]

THE $1 BILLION RANSOMWARE INDUSTRY: Legal obligations of victims

Kidnapping a person and demanding a ransom for the victim’s release is old school. Now the perpetrators can hack your network and either encrypt your data, lock screens or disable the network and demand a ransom for receiving an [...]