Affiliate marketing is a type of performance-based marketing where an online business (merchant) uses third-party advertisers (affiliates) to advertise its products to potential internet customers. Affiliates use display advertising, e-mail, and paid search engine marketing to channel internet traffic to a merchant’s website or product. In return for the advertisements, businesses will compensate the affiliate… READ MORE

HOW THE JOBS ACT HAS BEEN INEFFECTIVE SO FAR   Crowdfunding has been a frequent topic on the National hot-stove with the recent passage of the Jumpstart Our Business Startups (JOBS) Act, which loosened many securities regulations imposed by the SEC. Of particular interest are the provisions of the Act aimed at making it simpler… READ MORE

The amount of digitally downloaded content is growing fast.  Apple currently has a tracker on its homepage in anticipation of hitting 50 billion downloaded apps.  In 2012, digitally downloaded games accounted for $5.9 billion in sales in the United States and now controls 40% of the video game market. We have previously discussed the potential… READ MORE

Prior to the advent of the Internet, it was significantly harder to distribute non-consentual adult photographs and videos. Physical photographs and video tapes could only be shown to a small group of people. The increase in the speed of communications, however, has brought with it new perils for women and men subject to non-consentual pornography,… READ MORE

Thanks to lower prices, the convenience of shopping from home, and the ability to read reviews from recent purchasers, more and more people are shopping online.  In fact, online retail sales are expected to reach $327 billion by 2016 in the United States alone.  One reason online retailers have lower prices than brick and mortar… READ MORE

What Should I Look For In An E-Commerce Lawyer?

Not all lawyers are the same. That is why it is important to understand what, exactly, you should look for when hiring an e-commerce lawyer. Here are a few indicators of a good e-commerce lawyer: A deep understanding of pay per click and display advertising. A good e-commerce lawyer should not only understand your product,… READ MORE

The FTC has adopted new amendments to the Child Online Privacy Protection Act (“COPPA”), which provide parents with greater control over the collection and use of personal and personally identifiable information related to their children. The new amendments: Modify the definition of personal information under COPPA to include geolocational information, photos, and videos; Offer companies… READ MORE

The New York Times reports that reputation management company Reputation.com is preparing to launch a new data vault that will allow consumers to use software permissions to control the release of their personal information to third party advertisers. The system would act as a gatekeeper for the release of personal information online; in exchange for… READ MORE

Apple’s Passbook, a new pass software management tool that allows businesses to provide iOS users with boarding passes, event tickets, and loyalty cards, is an exciting new toolkit for mobile developers. With that said, it is important that mobile developers create their own terms of use or terms of service agreements to be integrated into… READ MORE

On Wednesday, the California Supreme Court will hear oral arguments in Apple v. Krescent, a case which pits e-commerce giants against consumer rights and invasion of privacy advocates over whether the Song-Beverly Act, enacted in 1991, applies to Internet transactions. The Song-Beverly Act, a California state statute, places limits on the personal information that can… READ MORE