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News & Analysis as of

Heartbleed Bug Creates Risk for Businesses and Consumers

On April 8, 2014, several news agencies, including the New York Times and CNN, reported the discovery of a vulnerability in a core security protocol used by an estimated two-thirds of the world’s servers. The vulnerability...more

Amazon Prime Time – Should Employees Be Paid to Wait in Security Lines? Supreme Court to Decide.

The Supreme Court has agreed to hear oral argument on the issue of whether employers must compensate employees for time they spend going through mandatory security checks, which are aimed to curb employee theft....more

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints...more

Droning On and On, About A Trademark?

Months after Amazon’s recent media ploy, drones continue to capture news headlines. Hours ago, an AP story ran, suggesting that the Federal Aviation Administration’s present ban on commercial drones will result in global...more

Drones And HOAs: How Homeowners Associations And Condominium Associations Can Be Prepared To Deal With The New Technology

Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and...more

Infinite Data v. Amazon: Lawsuit Against Customer Defendants Stayed if Customers Agree to be Bound by Findings of Invalidity in...

Infinite Data filed twenty-one patent infringement actions against a number of companies, including Amazon.com. Mellanox Technologies sued Infinite Data for a declaratory judgment that its technology does not infringe...more

Amazon bests the milkman with new, patented method of delivery

Ok. I admit. I’m too young, no, make that way too young to know how the milk man system of delivery worked. Was it subscription-based? Or was there an element of public service to it – where the milk man (or maid!)...more

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW -...more

U.S. Supreme Court Update - January 2014

Court Begins 2013-2014 Term - Upon starting its 2013-2014 term during the government's recent partial shut-down, the U.S. Supreme Court opened with a grant of certiorari in a case with state and local tax implications,...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

High Net Worth Family Tax Report, Vol. 8. No. 4 -- December 2013

IRS Explains Federal Tax Consequences of Windsor Case Regarding Same-Sex Marriages - In our last report (Vol. 8, No. 3, September 2013), we told you about the recent Windsor case, in which the Supreme Court held...more

A Black (Friday) Hole of Creativity

Maybe my memory is worsening with each year, but I have to admit that I do not recall “Black Friday” existing as a child. I know that I didn’t have school and I know that a lot of adults had the day off. I’m certain that...more

Amazon innovation? Nay. Good, old-fashioned bamboozling

Does anyone else think Amazon’s Jeff Bezos utterly bamboozled Charlie Rose and the good folks over at 60 Minutes last Sunday night?...more

Internet Sales Tax Update

We recently reported on a case out of New York State, which dealt with the question of sales tax liability in the case of online sales. That decision (in Overstock.com v. New York Taxation Dept. and the companion case of...more

Week in Review - December 5, 2013

You may have thought you’d seen it all, but technology continues to change the world, the law, and the workplace. The headlines were abuzz this week with Amazon's announcement that it will soon be ready to use drones to...more

United States Supreme Court Refuses to Review New York High Court Ruling Requiring Online Retailers to Collect New York State...

On December 2, 2013, the United States Supreme Court denied certiorari in the consolidated cases Amazon.com LLC v. N.Y. Dept. of Taxation and Overstock.com v. N.Y. Dept. of Taxation, thereby allowing the New York state law...more

U.S. Supreme Court Denies Certiorari to Review New York’s Click-Through Nexus Law

The U.S. Supreme Court has declined to consider the constitutionality of New York’s “Amazon” click-through sales tax nexus law, leaving it in effect and emboldening other states’ similar efforts. Unless federal legislation...more

Quantum Dots Enter Mainstream Mobile Device Market

Last month, Amazon released Kindle Fire HDX 7 — the first ever mobile device to feature a quantum-dot-enhanced display. ...more

Amazon Begins Collecting Massachusetts Sales Tax

Beginning November 1st, Amazon will collect Massachusetts sales tax on online purchases. This is the result of a negotiated agreement with the Massachusetts Department of Revenue (MDOR) last year. The MDOR reasons that...more

Illinois Supreme Court Invalidates 'Amazon' Sales Tax Law: Now What?

The Illinois Supreme Court, affirming a lower court decision, invalidated the state's "click-through" nexus law. This law required out-of-state Internet retailers who use in-state web marketing "affiliates" to collect sales...more

Google dreams of the Mexican Biggest Data and Amazon just moved in

I am recovering a July post from Homo Zapping, an independent news blog in Mexico, which reported that President Peña Nieto is trying to set up a big data project that would bring together information from government files...more

Yes, AMAZON®, there is a river — No to .amazon

Amazon, a once tiny bookseller, has become Amazon the brand bully. However, the bully was called into the principal’s office this week by ICANN....more

Contributory Infringement and Copyrights: If It Involves Your Customer, It Could be Your Problem Too

Right on the heels of our blog on trademarks and contributory infringement, comes a case in which the court refused to dismiss a claim against Amazon for sales by third parties of allegedly infringing photographs on its site....more

Business Associate Agreements: More Readily Accepted by Cloud Service Providers? Maybe

Although the HIPAA Omnibus Final Rule's expansion of business associate liability could create difficulties for healthcare providers and other covered entities seeking to negotiate business associate agreements with vendors...more

Are "Click-Through" Internet Marketing Tax Laws Constitutional?

Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May...more

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