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For the Corporate Compliance Department – Communicate, Communicate, then Communicate

In many ways compliance is about communication. Your role as a Chief Compliance Officer (CCO) or compliance practitioner is to communicate expectations around compliance and responding to questions from the business unit on...more

Website Owners, Mobile Application Providers, and Other Online Service Providers BEWARE: Failure to Comply with New DMCA...

Any company that allows third-party users to post or link content to its website, mobile applications, or other online platforms must understand and comply with the new Digital Millennium Copyright Act ("DMCA") safe harbor...more

Brussels Regulatory Brief: November

The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more

The “Unstore”: The Future of Brick and Mortar Retail?

The upcoming holiday weekend brings with it Black Friday and Cyber Monday, dates that have become shorthand for the different ways people shop. While e-commerce and physical retailers’ sales are still not comparable, many...more

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Coalition Building to Combat Unlicensed Internet Gaming Sites

The NJ Division of Gaming Enforcement (DGE) regulates various licensees that provide services to the online gaming industry within the state. The agency recently demonstrated its power of regulatory enforcement over the...more

Website Urges Employees to Form Unions

In a move designed to aid unionization efforts, union activists have launched Unionizeme.org—with the stated goal of ending poverty for employees at large companies through unionization. The website—which generally targets...more

Do It Yourself Wills: Will They Lead to More Litigation?

Here’s my prediction: do it yourself wills, also referred to as “homemade wills” or “online wills” or “internet wills” (I’ll refer to them in this blog post as “DIY Wills”) will result in a significant (though not massive)...more

Even Non-Union Employers Must Consider the National Labor Relations Act When Drafting Social Media Policies

While employers should enact social media policies to protect trade secrets and prevent employees from defaming the employer, employers must ensure the policies do not violate the National Labor Relations Act (“Act”). Even...more

Two New Jersey District Courts Dismiss TCCWNA Cases On Spokeo Grounds and Address What It Means To Be An “Aggrieved Consumer”...

In recent months, federal and state courts in New Jersey have been faced with numerous motions to dismiss class action complaints alleging that online retailers’ website terms and conditions violate New Jersey’s...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

Black Friday: May You Finally Shop in Peace

Black Friday has traditionally been the day that retailers and consumers gleefully mark on their calendars. Since its inception in the late 1980s and early 1990s, Black Friday has been considered the blast-off point for the...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

European Commission’s Preliminary Report in the E-Commerce Sector Inquiry: Highlighting Risk Areas for Suppliers of Branded Goods

In September, the European Commission published its much-awaited Preliminary Report in the e-Commerce Sector Inquiry, launched last May 2015. Although the primary focus of the Commission’s Inquiry is on restrictions limiting...more

Your Daily Dose of Financial News

Some good news for the UK after a brutal few days for the pound? It appears that the pound’s precipitous fall has acted as a sort of “giant shock absorber” against Brexit—a release valve of sorts that has meant decreased...more

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

Privacy Tip #55 – October is National Bullying Prevention Awareness Month

I never knew that since 2006, October has been designated as National Bullying Prevention Awareness Month. According to the Department of Health and Human Service’s website, “This year’s Bullying Prevention Awareness Month...more

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

Attorneys Cannot Sue Avvo for Unauthorized Profiles According to Illinois Federal Court

An Illinois federal judge dismissed a proposed class action of lawyers whose business information was published by the online attorney database Avvo without their permission. The lead plaintiff, a Chicago-based personal...more

District Court Orders Production of Source Code in Searchable Format

The plaintiff, [24]7 Customer, Inc. ("[24]/7"), filed a lawsuit against Defendant LivePerson, Inc. ("LivePerson") alleging that LivePerson infringed several patents pertaining to a customer engagement software platform. After...more

NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more

Update: Fundamental Change to U.S. Warranty Law: Consumer Warranties Can Soon be Posted Online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty...more

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Litigation Alert: The Ninth Circuit Limits Immunity From Negligent Failure To Warn Cases Under The Communications Decency Act

Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

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