MO: Dealing With the Difficult Pro Se Claimant

The difficult pro se claimant presents unique challenges to resolve Missouri worker's compensation claims. What are the common problems faced by employers dealing with the difficult unrepresented claimant? It's not about the money. Sometimes, it isn't. A claimant's resistance to...

Corporate Policies Regarding Employees’ Social Media Activities

All companies need to have employee handbooks containing corporate policies, such as anti-discrimination policy, vacation/sick leave policy and others. Recently, employers started amending their employee handbooks to include a new policy: that governing the employees' use of the Internet during work...

Miller Barondess Adds Leading Internet Attorney Erik Syverson

LOS ANGELES - Miller Barondess has added a new partner, Erik Syverson, expanding the Century City litigation boutique by adding an Internet and technology law practice. Syverson is a trial lawyer specializing in Internet and e-commerce related issues. Syverson is one of America's leading internet...

Ballard Spahr LLP: Is Your Brand EXXXposed? Sunrise Period To Block .XXX Domain Registrations Begins Soon

By Troy E. Larson The International Corporation for Assigned Names and Numbers (ICANN), which governs the domain name system for the Internet, approved the September 7, 2011, launch of the controversial .XXX top-level domain. The new domain is intended to provide the adult entertainment industry with...

First Looks at Copyright and the Cloud --- Recent "Locker" Decisions Probe Infringement Liability and Safe Harbor Issues

By Jon Baumgarten and Noah Gitterman, Proskauer Rose LLP The emergence of "cloud computing" products and services is drawing considerable attention in legal circles. In the copyright arena, it is taking the form of infringement issues pertaining to purported online "storage lockers"...

Cloud Computing: 3 Recent 'Storage Locker' Decisions Address Infringement Liability, Safe Harbor

By Jon Baumgarten and Noah Gitterman, Proskauer Rose LLP The emergence of "cloud computing" products and services is drawing considerable attention in legal circles. In the copyright arena, it is taking the form of infringement issues pertaining to purported online "storage lockers"...

Personal Jurisdiction in the Internet Age

by Andrew M. Gold It appears that the courts are growing more restrictive in permitting personal jurisdiction to be based solely on a defendant's internet based contacts in a forum state. Indeed, it appears that the "effects" of a defendant's activities in a forum state are no longer...

Juror Misconduct - Challenges For The Digital Age

The Hon. Ralph Artigliere (ret.), a recognized expert in civil litigation, has recently published an article in the Drake University Law School Law Review entitled Disconnecting Jurors From the Internet During Trial , 59 Drake L. Rev. 621. The article was published for the Eighth Annual American Judicature...

Hans-Josef Vogel on Social Media Plug-Ins: Recent Court Decisions in Germany

By Hans-Josef Vogel Social media plug-ins, such as the Facebook "Like" button, have become ubiquitous on the internet. Their legal implications are yet not fully determined. Issues of both data protection law and fair trade matters are commonly disputed. Two recent German court decisions...

Peter S. Vogel: Cybersmear - Jury Verdict Of $13.78 Million For Anonymous Postings

By Peter S. Vogel Freedom of speech under the First Amendment of the Constitution does not protect anonymous libel and slander posted on the Internet. ABC News reported that on April 20, 2012 a jury in Fort Worth, Texas gave a verdict in favor for Mark and Rhonda Lesher whose 2009 lawsuit was filed...

Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI

By Brian C. Vick On April 17, 2012, the U.S. Department of Health and Human Service ("HHS") announced that it had entered a Resolution Agreement with Phoenix Cardiac Surgery ("Phoenix") - a four-physician practice based in Arizona - following an investigation of alleged breaches...

Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI

By Brian C. Vick On April 17, 2012, the U.S. Department of Health and Human Service ("HHS") announced that it had entered a Resolution Agreement with Phoenix Cardiac Surgery ("Phoenix") - a four-physician practice based in Arizona - following an investigation of alleged breaches...

Antitrust Class Action Lawsuit Filed Against Major League Baseball Over Live Game Videos

NEW YORK - (Mealey's) Four baseball fans filed a putative class action in federal court in New York on May 9 against Major League Baseball Enterprises Inc. (MLB), several MLB member clubs and several cable and Internet providers, alleging that live-game video offerings violate antitrust laws ( Fernanda...

William A. Ruskin: Does Wireless Internet In Courthouse Exacerbate Lawyer Abuse?

By William A. Ruskin Yesterday, we published an article titled 'Lawyers' Use Of Internet To Influence Jurors' raising the concern that the fairness of jury trials may be jeopardized if jurors can surf the Internet and read misleading or self-serving messages by trial counsel that have...

Pennsylvania's Pending Privacy Protection Act Would Prohibit Disclosure of Access To Social Media Accounts

The Social Media Privacy Protection Act (available here) is new legislation pending in the Pennsylvania General Assembly. The proposed legislation is a response to the near-universal outrage over employers requesting Facebook and other social media passwords from job applicants . The Act is short and...

Internet Politics - Senate Filibuster Blocks Cybersecurity Bill

By Peter S. Vogel At time when cybersecurity is headline news around the world, partisan politics in the U.S. Senate got in the way of new a cybersecurity bill which was different than a bill passed in the U.S. House last April. The New York Times reported that the most vocal opponent of the new cybersecurity...

Peter S. Vogel: Cloud Data Storage - How Safe?

By Peter S. Vogel Daily news headlines regularly report lax, or no, security for cloud data. In the past few weeks two very high profile businesses reported cloud breaches - Apple's iCloud and Dropbox. It is no coincidence that my August column for eCommerce Times is entitled " The Cloud...

Has the Going and Coming Rule Become Outdated?

A well-known personal injury attorney once said, “If I have to explain away more than three concerns in my own mind when deciding to take a case, then it is probably not a case I want to take”. Another way of saying this would be, when there are three exceptions to a rule, maybe the reliability...

Sands Anderson PC: A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing

By Donna Ray Berkelhammer We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business model for either vendor or business owner, but...

California Law Provides Minors With “Internet Eraser”

On September 23, 2013, California Governor Jerry Brown signed into law Senate Bill 568 , [ version available to lexis.com subscribers ], which expands the privacy rights of minors by requiring Web site and mobile application owners to permit minors to remove their postings. The new law also imposes stronger...

privacy policy

Online Shopping

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 [ enhanced version available to lexis.com subscribers ], was signed into law. It became effective January 1, 2014. This law amends California's online privacy policy law [ enhanced version available to lexis.com subscribers ], to require that websites and...

Appeals Court Strikes Down FCC's Net Neutrality Rules

On January 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit [ enhanced version available to lexis.com subscribers ] issued a long-awaited decision on the Federal Communications Commission's Open Internet Order.[1] That Order required broadband Internet providers to disclose...

Net Neutrality