Featured Sponsors

LAW.COM NETWORK

Technology Today

Defining Public Performance in Digital Transmission Age

Subscription Required

Tuesday, November 17, 2009

By Stephen M. Kramarsky

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Copyright protection in the United States is broad, but not all-encompassing. The exclusive rights of copyright holders are set out in ©106 of the Copyright Act, and anything that falls outside the scope of those enumerated exclusive rights, or within any of the many exceptions found in the act, is beyond the scope of protection. This is a fairly straightforward statement of the law but it is easy to forget, and copyright holders often come to the conclusion that any use of their copyrighted material entitles them to a payment. As new technologies and new uses arise, that conclusion is not always a good fit with the law and the courts must step in to determine the boundaries of the statute.

SPONSOR SPOTLIGHT

Free With Registration: Text Messages Providing TMI for Divorce Lawyers

Tuesday, November 17, 2009

By Tresa Baldas

Divorce lawyers have found a new smoking gun to wave around in court: text messages. Infidelity, bad parenting or threats - name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over handheld gadgets. The unfaithful, in particular, are paying a high price for their salacious messages.

Hiding in Plain Sight: Evidence on Social Networking Sites

Subscription Required

Tuesday, November 10, 2009

By Ken Strutin

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Social networking sites offer an abundance of exculpatory and impeaching evidence that may not be obtainable without some undercover detective work. Unfortunately, discovery rules and ethical guidelines have not kept pace with the digital sprawl of MySpace and Facebook. In the absence of explicit direction from the Rules of Professional Conduct and the laws governing online behavior, flying a false flag in these uncharted waters may be hazardous. Before an attorney or investigator considers using subterfuge - such as concealing his true identity and purpose to contact a witness through an online profile - he ought to be mindful that legal and ethical precedents on this subject are slow in coming.

Free With Registration: EU Agrees on New Internet User Rights

Tuesday, November 10, 2009

By Constant Brand
The Associated Press

EU lawmakers and governments agreed last week on new rights for Internet users, aiming to protect them from arbitrary crackdowns on those who illegally download music and movies on the Internet. The reforms, two years in the making, include new privacy controls, consumer rights and increased competition for Internet and phone services - key improvements that have been overshadowed by the fight over digital user rights.

Free With Registration: Alleged Defamation on 'Gripe' Sites Challenges Businesses

Tuesday, November 3, 2009

By Shari Claire Lewis

Shari Claire Lewis, a partner at Rivkin Radler, wrties that in recent years, the courts have addressed numerous cases against alleged speakers of the negative on the Internet, and there is general consensus that service providers and other intermediaries are immune from liability for such postings and any tort liability. However, she notes, despite their uphill battle, companies continue to bring actions in an effort to block negative commentary from being posted on the Web.

Free With Registration: Kansas Case Casts Doubt on Usefulness of Rule 502

Tuesday, October 27, 2009

By H. Christopher Boehning and Daniel J. Toal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that a major goal of the 2006 amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure and new Federal Rule of Evidence 502 was to reduce the cost of electronic discovery by minimizing pre-production privilege review of electronically stored information through the endorsement of "quick peek" and "clawback" agreements in those cases were the parties jointly agreed to such procedures. However, the recent decision in Spieker v. Quest Cherokee demonstrates that not all courts will interpret these provisions in light of the stated goals of the new rules.

Bosses Who 'Friend' Are Asking to Be Sued, Lawyers Say

Subscription Required

Tuesday, October 27, 2009

By Tresa Baldas

Managers sending friend requests to staff via Facebook, Twitter and other sites constitute a growing trend in the workplace. And it is one that needs to stop, employment lawyers warn, because online relations between boss and employee can trigger or exacerbate a host of legal claims, including harassment, discrimination or wrongful termination, as well as touch off cries of favoritism if the boss friends only a select few subordinates.