February 19, 2009 | Legaltech News
Lawful Mining of Blogs on Social NetworksA blog may be established on many social networking sites, which anonymous third parties, including employers, are free to read. To avoid legal difficulties, employers are well advised to employ three particular policies when using information mined from blogs on the Internet.
By Jonathan Bick
8 minute read
May 27, 2008 | New Jersey Law Journal
Unconscionable Terms Prevent Enforceability of E-commerce Contract ClausesWith escalating frequency courts are discovering unconscionable e-commerce contract clauses and refusing to enforce them.
By Jonathan Bick
11 minute read
March 08, 2004 | New Jersey Law Journal
Lawfully Circumventing the CAN-SPAM ActInternet communications can involve reading Web pages, e-mailing, participating in an online chat room and instant messaging, to give just a few examples. The fact that these communications have different identities, features and functions has momentous legal significance for the application of Internet statutes in general and the CAN-SPAM Act in particular. The use of instant messaging circumvents the act since it only regulates e-mail spam.
By Jonathan Bick
10 minute read
September 10, 2009 | New Jersey Law Journal
Enforceable Browse-wrap ContractsBrowse-wrap agreements, unlike click-wrap agreements, do not require the user to take any affirmative action other than visiting a Web site, and the courts thus have determined they are generally enforceable.
By Karen Berger and Jonathan Bick
6 minute read
January 17, 2005 | New Jersey Law Journal
Protecting Internet CommunicationsThe technology associated with the Internet allows law firms direct control over Internet communications because they own the individual networks that allow information to be shared. This direct control brings increased liability for copyright infringement, unless firms comply with the Digital Millennium Copyright Act.
By Jonathan Bick
9 minute read
May 08, 2006 | New Jersey Law Journal
Spammers Adapt and PersevereDual use spam is defined as unsolicited e-mail, sent indiscriminately to multiple mailing lists, individuals or groups e-mail, whose content is typically noncommercial, but can be used indirectly to assist spammers. Dual purpose e-mail is lawful, if it lacks fraudulent intent.
By Jonathan Bick
8 minute read
April 20, 2004 | Law.com
Navigating the Laws of Online Medication SalesThe Internet has transformed U.S. medication purchasing practices, with millions of Americans now going online to buy prescriptions and "lifestyle drugs" that treat the symptoms of normally chronic nonlife-threatening conditions, such as hair loss, impotence or depression. However, while prescription medication sales are lawful over the Internet, pharmacists who do business online must still take heed of existing federal laws.
By Jonathan Bick
11 minute read
March 05, 2007 | Law.com
Discover Your Inner TechieThe changes to the Federal Rules of Civil Procedure have heightened the role of electronic information by promulgating protocols for digital data. Understanding digital data, as well as the software that parses it, is necessary to understanding who the new rules affect most.
By Jonathan Bick and Ellen M. Javor
7 minute read
October 23, 2006 | New Jersey Law Journal
The E-Pink SlipThe novel use of Internet communication for the purpose of giving employment termination notice has been called outrageous, and if so, it may give rise to legal difficulties for an employer.
By Jonathan Bick
7 minute read
February 07, 2005 | New Jersey Law Journal
Defining Political SpamSome see political spam as another nuisance, no different than commercial spam or junk mail. Others argue political spam is protected speech.
By Jonathan Bick
5 minute read