LOSING IMMUNITY FOR ONLINE POSTINGS - How not to manage user-generated content

It is well known that sites that post reviews, even reviews that constitute clear defamation, are generally immune from liability. They have the Communications Decency Act (CDA) to thank for that. So, a notorious site like [...]

BEWARE OF THE UNSOLICITED IDEA - Strategies for avoiding risk

 Businesses often receive through various channels unsolicited ideas for products and services. These  ideas may come from customers, partners or other third party interactions. The risk is that the idea resembles a product or [...]

ONLINE REVIEWS - Pitfalls for positive and negative reviews

 Positive online reviews can be great, and for some, critical, for their business. Negative reviews can be very harmful and sometimes devastating. Therefore, unfortunately, there is a great temptation for some parties to tamper [...]

Trade Secret Protection - Simple but critical

 Trade secret protection is the simplest intellectual property protection to obtain. Whereas patents, copyrights and trademarks require federal registration in order to enjoy strong protection, trade secret protection does not. [...]

Website Mimics - It’s an uphill battle to own a website’s “look”

 It’s a common issue. A new website is being created, and the developer likes the design of the competitor’s website. We all (hopefully) know that trademarks, logos, images and text are proprietary and cannot be copied. What [...]

By William S. Galkin, Esq. | December 18, 2014
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Data Due Diligence - Data problems can kill an acquisition

 

By William S. Galkin, Esq. | December 13, 2014
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Independent Contractor Redux - Make sure you own the IP!

This topic has been discussed often, but remains too often misunderstood, and the consequences of misunderstanding it are dire. So here we go.

By William S. Galkin, Esq. | December 12, 2014
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Browsewrap Botch - How to ensure that your online terms are not enforceable

Even the big boys can mess up. Barnes & Noble sold some HP tablets from its online store and then cancelled the order. The customer sued. The outcome of the case hinged on the enforceability of Barnes & Noble’s Terms of Use [...]

By William S. Galkin, Esq. | December 08, 2014
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Disaster and Contingency Plans for SaaS Applications: A Legal Perspective

Going to a Software-as-a-Service (SaaS) model has plenty of advantages for both customers and vendors, but also comes with many risks not associated with the traditional software licensing model. The risks and potential solutions [...]

By William S. Galkin, Esq. | February 13, 2014
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Social Networks and Privacy: Learning from Facebook’s Mistakes

Observers of Internet trends often pronounce that privacy is a fiction and that it is futile to try to reclaim it. Whether that perspective is correct or not does not matter when faced with a Complaint issued by the Federal Trade [...]

By William S. Galkin, Esq. | December 18, 2011
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Categories: General

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