WHEN EMAIL THREADS CAN BECOME BINDING CONTRACTS

It is important to be aware of how easy it is to unintentionally create a binding contract when communicating by email.

Email communications are the most common form of business communication. A large and critical portion of [...]

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 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 [...]

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 [...]

USE OF INFLUENCERS AND DECEPTIVE ADVERTISING: The FTC takes notice of Instagram

Last week 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 particular on [...]

THE HAZARDS OF DATA SCRAPING: $60m judgment for Craigslist

On April 13th, in the northern district court of California, Craigslist was awarded $60 million in a data scraping case against real estate listing site Radpad (Craigslist, Inc. v. RadPad, Inc., No. 16-01856 (N.D. Cal. Apr. 13, [...]

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