Category: Internet Law

With the looming costs of any sort of data breach, data loss, or exfiltration, cybersecurity has become a key focus of due diligence in recent mergers and acquisitions. Specific representations and warranties about data security are now routine in M&A Purchase Agreements. Only a few years ago, there were almost no provisions in a Purchase […]

  The Securities and Exchange Commission (“SEC”) has just issued a new comprehensive guidance on the methods that businesses and not-for-profit organizations should be using to guard against hacking, ransomware and other malicious and criminal attempts to exfiltrate company data and consumer information. See here. If your data and your computer systems are vulnerable, your […]

  For the last couple of years, biometric data has been at the forefront of the legal battles about protecting consumer privacy. Consumers are beginning to understand how much biometric data is collected by businesses and government. Businesses are now routinely using fingerprints for time clock management and for building security purposes. Law enforcement and […]

  Seizing an Infringer’s Domain Name is an Effective Method of Combating Infringement When your business is confronted with infringement of copyrights, trademarks and/or other IP, one of the most effective remedies for stopping the infringement is suing and asking the court to order the transfer of the infringer’s domain name to your business. This […]

  Many businesses use automated text messaging and direct cellphone calls with customers as a major part of their sales and marketing. However, these direct marketing strategies can be legally risky. Automated calls or texts made to cellphones are regulated by the Telephone Consumer Protection Act (“TCPA”) passed in 1991. See 47 U.S.C. § 227 […]

  More than ever before, third-party sellers on Amazon are generating higher levels of sales.  In 2018, small and midsize businesses (SMBs) made $1 million more in sales than they had in 2017.  In addition, the number of small and medium businesses operating as third-party sellers skyrocketed.  At first glance, this is a win-win result […]

  If you are considering buying or selling an online business, there are many unique legal and practical issues to consider. Generally, buying or selling a business involves several steps. Often, the first step is the signing of a letter of intent that sketches the major contours of the deal. Then, a purchase agreement is […]

  When trying to protect your intellectual property from infringement, an overseas infringer is one of the most vexing legal problems. Even if the infringer is brought under the jurisdiction of the US courts via one of many long-arm statutes, the assets of an overseas infringer may be difficult to reach if a judgment is […]

    Gift cards are now under scrutiny with respect to whether they must be compliant with the Americans With Disabilities Act (“ADA”). See Bloomberg opinion piece here. Among other things, the ADA bans discrimination against the disabled in “places of public accommodation.” In this way, the statute entitles everyone to the “full and equal […]

The number of companies or individuals who sell their products on Amazon has increased exponentially in the last few years.  As Amazon has grown in power, so have its sellers.  Total profits continue to sky-rocket and third-party sellers are making millions of dollars every day.  All of Amazon’s third-party sellers, responsible for more than half […]