THE NET NEUTRALITY CONTROVERSY DE-MYSTIFIED

There has been a lot of dust kicked up lately in the public sphere around the impending rollback by the Federal Communications Commission (FCC) of the net neutrality regulations. Mixed in this dust is a lot of misinformation and [...]

THE NECESSITY OF HAVING AN EMPLOYEE SOCIAL MEDIA USE POLICY or “Boy, that was one rough week for social media, employees and the President!”

It’s a fact of life. Employees use social media. This use can be both personal and for business. Sometimes the line between the two usages can be blurred. However, either use can impact your business – at times substantially, as [...]

"Work Made for Hire" language poses a little known trap for the unwary in California Independent Contractor Agreements

Independent Contractor Agreements will almost always contain an IP ownership section that provides that the services are a "work made for hire" under the U.S. Copyright Act. This magic language vests copyright ownership in the [...]

HOW TO “LEGALLY” MANAGE NEGATIVE CUSTOMER REVIEWS

You invest a lot of time, resources and money developing, operating and marketing your business, and building your good reputation in the market. Then someone, likely a disgruntled customer, posts a very negative review. You may [...]

THE STATE OF THE LAW ON DATA SCRAPING

LinkedIn pushed back – for now

Data is king on the Internet. Of course, real commerce does occur via the Internet in huge and increasing volumes and SaaS offerings are proliferating, but no matter what activities are occurring, [...]

NEGOTIATING LICENSE & SERVICES AGREEMENTS:Part 2–Data Breach Liability

In our cloud-centered business environment (which will only become all the more so), there are usually at least two potentially responsible parties to a data breach: (1) the business that provides services or products to [...]

WHEN SHOULD YOU REGISTER A COPYRIGHT?

I am often asked about copyright registrations and when is it worthwhile to register a copyright.

NEGOTIATING LICENSE AND SERVICES AGREEMENTS: Part 1 – Limitation of Liability Clauses

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 [...]

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 [...]