Blog Posts - E-commerce Law



This Week in Law, Episode #280

Last Friday, I had the pleasure of appearing on Episode 280 of This Week in Law with host Denise Howell and fellow guests Lindsey Rogers Cook, a data report for US News & World Report, and Professor Greg Vetter, of the University of Houston Law C...
by E-Commerce Law on Oct 27, 2014

This Week in Law, Episode #280

On Friday, after an absence of more than two and a half years, I will be returning as a guest on This Week in Law . The show streams live at http://live.twit.tv/ from 2:00 p.m. to 3:15 p.m. ET and will be produced as a podcast thereafter. The show is...
by E-Commerce Law on Oct 22, 2014

7 Key Elements of Effective Terms of Use: Governing Law and Choice of Forum

There are seven essential concepts which must be addressed in effective website Terms of Use or Terms of Service (TOS): (1) permitted use – that is, the specific uses to which the website may be put and any restrictions on use imposed by the websit...
by E-Commerce Law on Sep 30, 2014

7 Key Elements of Effective Terms of Use: Privacy Policies

Before our recent two-month hiatus, we were discussing that most effective Terms of Use (or Terms of Service (TOS)) include seven key concepts: (1) permitted use – that is, the specific uses to which the website may be put and any restrictions on u...
by E-Commerce Law on Sep 24, 2014

7 Key Elements of Effective Terms of Use: Limitation of Liability

As we discussed in previous posts in this series, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts: (1) the uses of the website and its services which are permitted by the website operator; (2) the manner...
by E-Commerce Law on Jul 14, 2014

7 Key Elements of Effective Terms of Use: Disclaimer of Warranties

As we discussed last week and the week before, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts: (1) the uses of the website and its services which are permitted by the website operator; (2) the manner in...
by E-Commerce Law on Jul 1, 2014

7 Key Elements of Effective Terms of Use: Handling User Content

As we discussed last week, most effective Terms of Use (also known as Terms of Service (TOS)) address seven key concepts: (1) the uses of the website and its services which are permitted by the website operator; (2) the manner in which user-created c...
by E-Commerce Law on Jun 25, 2014

7 Key Elements of Effective Terms of Use: Permitted Use

Terms of Use, also known as Terms of Service (TOS), describe the terms and conditions which govern the relationship between the user of a website and its operator or publisher. From a legal standpoint, the Terms of Use may be the most important page...
by E-Commerce Law on Jun 19, 2014

Federal Court in Virginia Approves of Legal Service by Facebook, LinkedIn, and Email

To those unfamiliar with Virginia or federal law, it may seem logical to notice a defendant of a lawsuit by email or through social networking sites. It is hard to imagine a more efficient way to put a defendant on actual notice. However, perhaps eng...
by E-Commerce Law on Jun 16, 2014

Jury Verdict of Liability but No Damages in Yelp Defamation Case

Websites such as www.yelp.com and www.angieslist.com have been a breeding ground for novel legal issues. The sites are created for the very purpose of voicing concerns or praising services and encourage first amendment rights to free speech. However,...
by E-Commerce Law on Feb 5, 2014

NLRB Settles Claims Based on Employer Social Media Policy

In keeping with the National Labor Relations Board’s continuing efforts to target social media policies that violate the National Labor Relations Act, the NLRB reached a settlement last month with the Koch-owned company, Georgia-Pacific. The settle...
by E-Commerce Law on Jan 23, 2014

Supreme Court's Refusal to Hear Amazon Tax Appeal Leaves Split in Decisions on Internet Sales Tax Laws

The U.S. Supreme Court declined to hear an appeal from the highest state court in New York which affirmed a New York law requiring online retailers, such as Amazon and Overstock.com, to collect sales tax from New York customers even though these &quo...
by E-Commerce Law on Jan 22, 2014

BitTorrent Participants Improperly Joined in Same Suit

In Breaking Glass Pictures v. Does 1-99, the United States District Court for the Northern District of Ohio held that individual participants in "peer-to-peer" file sharing protocol could not be joined as defendants in the same suit for cop...
by E-Commerce Law on Nov 27, 2013

Illinois Supreme Court Ruling Invalidates "Amazon" Sales Tax Law

In Performance Marketing Association, Inc. v. Hamer, Docket No. 114496 (Oct. 18, 2013), the Illinois Supreme Court invalidated a state law that was designed to impose taxes on Internet retailers, such as Amazon and Overstock, that otherwise were not...
by E-Commerce Law on Nov 19, 2013

FTC Guidelines for Online Advertising

Federal law prohibits "unfair or deceptive acts or practices" and broadly covers advertising claims and marketing and promotional activities, whatever medium in which they appear. Accordingly, the Federal Trade Commission ("FTC")...
by E-Commerce Law on Nov 5, 2013

10 DOs and DON’Ts for Employer Social Media Policies

In recent years, the National Labor Relations Board has actively applied the National Labor Relations Act to social media policies. The Act exists to protect employees’ right to act together to address their terms and conditions of employment. What...
by E-Commerce Law on Oct 25, 2013

Virginia Supreme Court Reverses Dismissal of Computer Company's Lawsuit Attempting to Enforce Restrictive Covenants Against Former Employee

Last month, in Assurance Data, Inc. v. Malyevac, (Va. Sept. 12, 2013), the Supreme Court of Virginia published an opinion holding that a trial court cannot decide on demurrer whether restrictive covenants in employment agreements are overbroad and th...
by E-Commerce Law on Oct 15, 2013

A Quick Primer on FBARs

In general, individual taxpayers with a beneficial interest in significant assets and accounts overseas must file a Form TD F 90-22.1 (Report Of Foreign Bank And Financial Accounts), an annual report commonly referred to as an “FBAR.” Effective J...
by E-Commerce Law on Oct 11, 2013

The Law of Blogging

While looking for something else, I recently came across the Powerpoint slides I used for a presentation on the Legal Issues Involved in Blogging. Until I fully update the presentation, the original version is available after the jump.
by E-Commerce Law on Jun 20, 2013

4 Often-Overlooked Steps to Starting an Online Business

Last month, Daniel Ingersoll joined me on Power of Attorney to discuss the process of starting an Internet business. As part of that discussion, Daniel outlined a number steps that are often overlooked by new entrepreneurs, who may have a great visio...
by E-Commerce Law on Jun 18, 2013


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