The Business Technology Law Blog
By Bradley J. Gross, Esq.
Bradley J. Gross, Esq.
Bradley J. Gross is a partner in the law firm
Becker & Poliakoff, and directs the Firm's Business Technology Law Practice. For more information, or to contact him, please visit Becker & Poliakoff, or email him at bgross@becker-poliakoff.com.SuperLawyers.com
The Business Technology Law Blog
Privacy in Text Messages? The U.S. Supreme Court Needs to Reverse the Ninth Circuit...
For the first time, the Supreme Court of the United States will consider how much Constitutional protection text messages are entitled to receive. And thank goodness for that, since the Ninth Circuit just handed down a ruling that is not only wrong, but calls into question 25 years of case law. << MORE >>
Comcast Settles P2P Litigation and Promises Not To Do It Again. Seriously.
Comcast has agreed to pay $16 million to settle a peer-to-peer "throttling" lawsuit. The lawsuit was one of seven suits filed against Comcast, all of which alleged that Comcast slowed or impeded peer-to-peer (a/k/a "P2P") transmissions sent using Comcast's broadband high-speed Internet service without telling its subscribers—despite the fact that Comcast advertised "unfettered" access to P2P networks.<< MORE >>
Lucasfilm Can't En-FORCE Its Copyright in England
Star Wars is one of the most recognizable and profitable franchises in the world. Just tell someone to "use the Force" or make a passing remark around
the office water cooler about someone acting like "Darth Vader", and people will instantly correlate your reference to the Star Wars trilogy of movies.
So when Lucasfilm found out that a company in England was selling Star Wars-related merchandise without permission, it did what any responsible copyright holder should do: it filed a lawsuit to ... << MORE >>
So when Lucasfilm found out that a company in England was selling Star Wars-related merchandise without permission, it did what any responsible copyright holder should do: it filed a lawsuit to ... << MORE >>
The FTC's New Advertising Guidelines Go Into Effect In Less Than Ten Days... Be Prepared!
The FTC recently revised the guidelines it uses to determine the legality of advertisements containing endorsements or
testimonials. If your company uses endorsements or testimonials as part of its marketing strategy, you need to be aware of the changes to the guidelines, or you may be putting your company, yourself and the people endorsing your company’s products or services at risk of violating federal law. The new guidelines go into effect on
...
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"No Fault Found" Think Tank - What's Your Opinion?
Recently, I posed the following issue / question to my LinkedIn "No Fault Found" Think Tank:
In 2008, retailers saw an almost 35% return rate on certain consumer electronics. Most of the returned products were deemed "no fault found" by their manufacturers. Question: Why so many returns?
For those of you who don't know what "no fault found" is, click HERE to read my prior posts on the topic.
My friend and esteemed colleague, Scott Storm (owner of Storm Computer) had some great thoughts on the issue. He offered the following:...<< MORE >>
Requests For Proposals - Do It Right Already! (Part I)
Most companies have no idea how to draft a RFP. On the flip side, most vendors have no idea how to respond to a RFP. When a poorly written RFP meets an inadequate response, we end up with the perfect (legal) storm of litigation. (If you like litigation, then stop reading and call your therapist.)
Enough already. Let me teach you some things that will save you hundreds of thousands of dollars. Maybe more.
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Public Information = Trade Secret? Yes, Says the Tenth Circuit.
Trade secrets are your company’s most valuable assets. But what if your company’s secrets include public domain information? Does the inclusion of public domain information destroy the secret?
<< MORE >>Ambiguity: When Good Contracts Go Bad
Ambiguity is the number one reason why good contracts go bad. Ambiguity is the gasoline that powers the commercial litigation engine. It is the coal that’s shoveled into the furnaces that keep litigators warm and cozy at night. I know that litigation is sometimes a necessary evil—but when litigation arises from ambiguity in a contract, it is not necessary. It is sad. ...<< MORE >>
Plan Ahead If You Want to Arbitrate Your Outsourcing Agreement
A few years ago I was asked to present a paper I wrote at the Practising Law Institute's "Outsourcing Revolution 2004" symposium, entitled "International Arbitration as a Method for Dispute Resoltuion in International Outsourcing Agreements."
I've referred back to the document from time to time, and it can be found on Westlaw and Lexis as well. The information in the document is still as valid today as it was in 2004.
And now, for those of you who are drafting international outsourcing agreements for your clients or your companies, I'm providing my paper to you right here....
Actually, if ...<< MORE >>
I've referred back to the document from time to time, and it can be found on Westlaw and Lexis as well. The information in the document is still as valid today as it was in 2004.
And now, for those of you who are drafting international outsourcing agreements for your clients or your companies, I'm providing my paper to you right here....
Actually, if ...<< MORE >>
A Message from Florida Condo Associations to their Cable Companies: "You're Outta Here!"
The Comcast v. L'Ambiance Beach Condominium Association, Inc. decision, which was handed down this week, will have a HUGE impact on (i) a condo association's ability to terminate cumbersome bulk cable tv agreements, and (ii) the way cable operators negotiate bulk cable agreements with Florida developers. ...<< MORE >>