Articles Posted in Internet Law

New Proposals to Fight Patent Trolls
H. Adam Shapiro

New proposals coming from the White House this week should give small business owners hope for relief from costly patent troll litigation. This type of lawsuit has been an increasingly expensive threat to small businesses, most of which never imaged they’ll be involved in patent litigation. The common perception is patent disputes are for manufacturers…

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BEST PRACTICE TIP: PRIVACY CONCERNS WITH EMPLOYEE SMARTPHONES AND iPADS IN THE WORKPLACE
H. Adam Shapiro

Companies today are increasingly allowing employees to use a company issued smartphone or iPad for personal use. Companies actually invested money and polled employees and found that employees hated having to carry around a business and personal mobile device. While it may have seemed like an easy concession to appease employees, there are hidden dangers…

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SEARCH AND SEIZURE IN THE DIGITAL AGE
H. Adam Shapiro

Earlier this month the U.S. Court of Appeals for the Ninth Circuit ruled that border agents may not perform a forensic search of a traveler’s laptop merely because he is crossing the border into the United States. In the current climate of heightened security to prevent terroristic acts, we have sacrificed some of our basic…

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PENNSYLVANIA EMPLOYERS WILL NEED TO UPDATE EMPLOYEE HANDBOOKS AND OTHER CORPORATE POLICIES IF NEW SOCIAL MEDIA BILL PASSES
H. Adam Shapiro

Last month Philadelphia City Council proposed a bill that would prevent employers from legally requiring employees to provide them with access to an employee’s social media account. Highlights of the social media protections afforded to employees or prospective employees under the proposed bill include: The proposed bill does not however prevent an employer from monitoring…

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DO WEBSITE TERMS OF USE BIND CUSTOMERS? SOMETIMES.
H. Adam Shapiro

At the bottom of virtually every website is a link titled “Terms of Use” or “Terms and Conditions.” Click on this and you will see the conditions a company wants to impose on its customers who click through their website. Traditionally courts have held that “terms of use” and “privacy policy” sections of a website…

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CLIENT ALERT: RECENT COURT RULING REGARDING THE VIOLATION OF A COVENANT NOT TO COMPETE – SOLICITATION OF PAST CUSTOMERS
H. Adam Shapiro

In a breach of contract case last month (January 2013), a Pennsylvania trial court correctly ruled (in my humble opinion), that a seller did not violate the terms of a covenant not to compete in an asset purchase agreement by providing services to its former clients. The new owners of the company argued for a…

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WORKPLACE NOTICE REQUIREMENTS – NEW JERSEY
H. Adam Shapiro

Earlier this year (January 22) I blogged about workplace notices that are required by a business that maintains an office in Pennsylvania. Our New Jersey clients have spoken and I apologize. Set forth below is a list of the posting requirements for New Jersey businesses. These posters are in addition to the federal posting requirements…

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WORKPLACE NOTICE REQUIREMENTS
H. Adam Shapiro

As a reminder to our business clients, federal and state law requires that employers post notices informing employees of their rights in the workplace. Notices that are required are specific to the type of employer and the number of employees employed. Failure to post these notice can result in fines. Below are posters that most…

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PENNSYLVANIA CREATES NEW CORPORATION KNOWN AS A “BENEFIT CORPORATION”
H. Adam Shapiro

On January 23, 2013, Pennsylvania will become one of twelve states to have created a new type of corporation known as the “benefit corporation.” Titled the “Pennsylvania Benefit Corporation Act“, the act allows “social” entrepreneurs to focus not only on the bottom line but to also consider other non economic societal factors (community, environment, employees…

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AT WILL EMPLOYMENT DISCLAIMERS – WORD CHOICE MATTERS
H. Adam Shapiro

The General Counsel’s Office for the National Labor Relation’s Board has recently provided guidance regarding at-will employment disclaimers in employee handbooks. In the past, challenges of unfair labor practices (violation of Section 7 rights) have been successful before administrative law judges where the challenged language was read to imply that the at-will employment relationship could…

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