Blog

May 8, 2012 -

Tea and Cookies Across the Pond

Not much to report today, except that websites operating in the United Kingdom should be aware that you now need to get end users’ consent before you can drop cookies on their computers.  No, we’re not talking about those hard-to-remove … Continue reading


April 26, 2012 -

Is Hijacking a LinkedIn Account “Misappropriation of an Idea”?

Here’s an interesting fact pattern for you.  A company maintains a LinkedIn account in the name of its executive, creates the executive’s profile and most of the discussions and other content on her page, and establishes her LinkedIn contacts.  All … Continue reading


April 16, 2012 -

Web Services in the Crosshairs

Copyright pirates and sellers of counterfeit goods are frequently located in exotic foreign settings and hard to reach either criminally or civilly.  Increasingly, therefore, intellectual property owners are targeting web services providers (hosts, ISPs, SEO firms, etc.) under concepts of … Continue reading


March 23, 2012 -

California Says to E-Mail Marketers: Identify Yourself

If you’re an e-mail marketer concerned about best practices, you’re probably focused on the federal CAN-SPAM of 2003, which requires marketing e-mails to contain an Internet-based unsubscribe functionality  and a valid physical postal address and was supposed to have preempted … Continue reading


January 2, 2012 -

Startup Killer: Not Getting Confidentiality/IP Assignment Agreements From Employees and Contractors

Startup lawyers (including the Baer Crossey team) routinely advise entrepreneurs to make sure they have confidentiality and intellectual property assignment agreements (a.k.a. work product or inventions assignment agreements) in place with employees and contractors BEFORE these folks receive confidential information … Continue reading


November 16, 2011 -

Facebook Flunks Privacy 101

The New York Times reported on November 10 that the Federal Trade Commission (FTC) is nearing an agreement with Facebook to settle an action over “material retroactive changes” to Facebook’s privacy practices. In December 2009 Facebook changed its privacy practices … Continue reading


September 26, 2011 -

New Patent Law: (Regardless of What You May Have Heard) Not the End of the World for Startups

On September 16, 2011 President Obama signed into law the Leahy-Smith America Invents Act (AIA), which represents a seismic shift in American patent law.  Among other things, the AIA moves the U.S. closer to patent systems in other countries by … Continue reading


September 15, 2011 -

Deadline for Enhanced Bank Security Compliance Looms

By Andrew Baer and Eliana Alcivar Users may be annoyed by online security, but a recent government paper calls for improving and increasing security to combat the bad guys, who continue to find new ways to infiltrate systems and copy … Continue reading


August 24, 2011 -

ICANN Haz Domain Name?

“UDRP” stands for Uniform Domain-Name Dispute-Resolution Policy. … At bottom, it is a process for resolving quarrels over who has the superior right to use a domain name. … This does not mean that it is free or even cheap to handle a claim under the UDRP, but the savings in legal fees and costs can be huge Continue reading


August 22, 2011 -

FTC Busts Credit Data Resellers for Supplying Data to Insecure Customers

The Federal Trade Commission (FTC) has entered into a Consent Agreement with SettlementOne Credit Corporation, its parent company Sackett National Holdings Inc., and ACRAnet, Inc., after it charged them and others with unfair and deceptive trade practices and violations of … Continue reading