On March 19, 2013, the Supreme Court reached a decision in Kirtsaeng v. John Wiley & Sons, Inc. In this case, respondent John Wiley & Sons, Inc. (“Wiley”), a publisher, brought suit against Petitioner Supap Kirtsaeng alleging violation of the Copyright Act, under Title 17 U.S.C. §§ 101-810. Kirstaeng a…
Internet Lawyer Blog
Impact of ObamaCare on Small Business
President Obama signed the Patient Protection and Affordable Care Act (“Act”), or ObamaCare, as it is more commonly known, into law on March 23, 2010. The Act intends to decrease the number of Americans who do not have medical insurance. Additionally, the Act aims to decrease the overall cost of…
Threat of International Cyber Attacks
The news outlets have been reporting that the Chinese have allegedly been hacking into American infrastructures. Assuming this report is accurate, the United States is not equipped to handle the consequences of such an attack. These hackers would possess the power to disable the critical infrastructure in this country, eliminating…
President Obama Signs an Executive Order to Protect Cybersecurity
In light of recent news that America’s cyber-network is vulnerable to outside attack, President Obama signed an Executive Order to improve cyber-security for the nation’s “critical infrastructure.” According to the Order, “critical infrastructure” applies to the vital physical and virtual systems in the United States that are essential to the…
SMS Advertising Spam
Under the Telephone Consumer Protection Act, commercial entities are barred from freely soliciting customers using a short message service (“SMS”). A SMS typically allows vendors to send short text messages to consumers’ mobile phones. In this case, vendors send text messages to customers, or potential customers, advertising their deals and…
FTC Adopts Amendments to the Child Online Privacy Protection Act
In 1998, Congress passed the Children’s Online Privacy Protection Act (“COPPA”) to ensure online privacy for children under the age of thirteen. Under this Act, online operators must obtain parental consent before they begin to collect information about online users under the age of thirteen. The Federal Trade Commission (“FTC”)…
Washington D.C. Nonprofit Organization Act
As part of a recent move to revise its body of business law, the Council of Washington D.C. has adopted an amended Title 29 of the District of Columbia Code on Business Organizations. Chapter 4 applies specifically to rules pertaining to Nonprofit Organizations. Also known as the Nonprofit Corporation Act…
Validity and Enforceability of Non-Compete Agreements
Employers use non-compete agreements often to protect trade secrets and keep valuable employees from moving to competing firms. Most employers who conduct business involving highly valuable business secrets require employees to sign non-compete agreements before commencing employment. These contracts prohibit employees from releasing trade secrets to competing companies. Additionally, non-compete…
Cloud Computing and Privacy Laws
The proliferation of cloud computing has given rise to increased privacy concerns. These concerns are especially grounded in Google’s new terms of service that allow the company to gather user information and data and release it to government entities upon request, without obtaining user consent. According to these new terms,…
Digital Estate Planning
The Electronic Communications Privacy Act of 1986 (“ECPA”) prohibits disclosure of stored communications without a court order. This includes instant messages, emails, and communications on Facebook. The issues that can arise from such a standard came to light in 2005, when Loren Williams died in a motorcycle accident in Arizona,…