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 [...]

SOCIAL MEDIA AND TRADE SECRETS - Losing trade secret protection in the social media void

Social media interactions are second nature to many employees today. For this reason social media poses great risks to maintaining the secrecy of valuable information, unless managed properly. Here are some steps that employers [...]

SOCIAL MEDIA END RUN - LinkedIn post denudes non-solicitation restriction

Non-competition provisions are common for employees and enforceable in most states. The provisions can take various forms. However, the two most common are: (1) straight non-competition, which prevents the employee from [...]

WHO OWNS THE COPYRIGHT IN WORK CREATED BY A CONTRACTOR? A trap for the unwary

It’s really basic: ownership of the copyright in work a business pays for can often be critical for successful commercialization of that work. Unfortunately, the U.S. Copyright Act contains arcane provisions that will often [...]

By William S. Galkin, Esq. | January 25, 2017
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Categories: General

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SAAS LICENSES - Key provisions for vendor agreements

Software continues to move to the cloud. This trend is not likely to abate for many years to come. When you decide to offer your software product as a Software as a Service (SaaS) offering, here are some key issues to consider [...]

LEGALITY OF DATA SCRAPING

Many start up online businesses need data to get things rolling, and the legality of data scraping is an issue to be evaluated. For instance, HiringSolved is a site that allows users to search their database of millions of [...]

By William S. Galkin, Esq. | March 18, 2015
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Categories: internet law

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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 [...]