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Technology Today

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.

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

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.


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.



Free With Registration: Revised FTC Guidelines: Let the Blogger Beware

Tuesday, October 20, 2009

By Kelly D. Talcott

Kelly D. Talcott, a partner at Edwards Angell Palmer & Dodge, discusses new FTC rules that pose a danger to advertisers that currently rely on relatively uncontrolled third parties - such as bloggers - to spread positive reports of their products or services. The guidelines require that endorsements "reflect the honest opinions, findings, beliefs, or experiences of the endorser." Both advertisers and endorsers may be "subject to liability for false or unsubstantiated statements made through endorsements," as well as "for failing to disclose material connections between themselves and their endorsers."



Better Laws Are Needed to Prosecute Cyberbullies

Tuesday, October 13, 2009

By David Frey

David Frey, an assistant district attorney on Staten Island and chief of the computer and technology investigations unit, writes that when cyberbullies are underage and too immature to have thought about the results of their actions, often a detective contacting a bully's parents and school counselors solves the problem quickly without the courts becoming involved. More formal interdiction becomes necessary, however, when death threats are made, or an adult is the bully, as was the case in the death of 13-year-old Megan Meier. If Lori Drew, who will serve no jail time for her part in Megan's suicide, lived in New York, could she have been successfully prosecuted?

DOJ Probes IBM's Mainframe Market Conduct

Tuesday, October 13, 2009

By Jordan Robertson
The Associated Press

The U.S. Justice Department is looking into allegations that IBM has abused its dominant position in the market for mainframe computers, the data-crunching heavy lifters of the computing world that IBM introduced in the 1960s that are now used to process some of the most sensitive data in banking, government and health care. The accusations stem from claims by IBM rivals that they have been illegally frozen out of the mainframe market because of IBM's refusal to allow its mainframe operating software to run on non-IBM computers.

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