ANHEUSER-BUSCH STUMBLES OVER USER-GENERATED CONTENT

Much of the Internet is filled with user-generated content. In order to use that content, companies need to receive sufficient rights from the owner of that content. In that regard, based on a recent complaint, Anheuser-Busch may [...]

A WEAPONIZED TWEET FOLLOWED BY AN ARREST

What is the power of a tweet? As we see from President Trump’s use of Twitter, a short tweet can rock the world. Well, now, a man has been arrested last Friday, March 17th, in Maryland and charged with a crime arising from [...]

WHAT TYPES OF LAWYERS SHOULD TECHNOLOGY COMPANIES BE USING?

I frequently get asked about what types of lawyers technology companies should be using, and to make referral recommendations when appropriate. Well, as you would expect from a lawyer, the answer is “it depends.” It depends upon [...]

ALERT: Websites must complete the online Copyright Agent registration process by the end of 2017, or lose immunity from copyright infringement claims from user-generated content

Quick Summary:

In short, if you have in the past registered a Copyright Agent manually with the U.S. Copyright Office in order to qualify for immunity from claims of copyright infringement arising from user-generated content on [...]

WHO OWNS CUSTOMER FEEDBACK? – Proper use of customer feedback clauses

In our customer-driven economy, the value of feedback from customers cannot be overstated. Consider alone the sums expended on conducting focus groups, surveys, beta and free launches - all for the purpose of gathering input from [...]

WHAT YOU NEED TO KNOW BEFORE LAUNCHING YOUR ONLINE PROMOTION

Running a contest or sweepstakes (both are generally are referred to as promotions) off your website or app is great way to increase interest and traffic and to collect valuable user information that can be used for marketing and [...]

DON’T PROHIBIT BAD CUSTOMER REVIEWS – It’s now illegal

The federal Consumer Review Fairness Act of 2016 goes into effect on March 14, 2017. This law prohibits any agreement that restricts consumers from posting negative reviews online.

CLOSING THE BARN DOOR – Guarding your IP during employment and when employees leave

Guarding your IP from theft is an ongoing issue. However, it becomes a critical issue upon the departure of an employee. Since employees WILL leave, you need to plan in advance for properly securing your IP.

Various laws (e.g., [...]

DRAFTING WEBSITE TERMS AND CONDITIONS TO AVOID LITIGATION – Part 1 – the nasty TCCWNA

There’s a little consumer protection statute applicable to website terms and conditions in New Jersey that is causing some websites major headaches. This culprit is New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act [...]

WEBSITES AND DISABILITY ACCESS - A new liability

Over the past several years, hundreds companies have been sued based upon claims that their websites are not accessible to persons with disabilities. Is this a real risk? Are these suits frivolous? What can you do to protect your [...]