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Media Mentions

Why Penny Auction Sites Could Be Dangerous and Possibly Illegal

September 28, 2012

The Internet offers multiple websites luring consumers with promises of free iPads, TVs, and high-tech cameras. Many of these sites are auction sites, selling brand-name merchandise at deep discounts. Consumers bid on the merchandise, just as they do in an auction, but they frequently have to pay for the opportunity to bid. The sites are often referred to as “penny auction” sites, and variations on the model are proliferating rapidly on the Internet.

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Reframing the Pinterest Debate: Seeking Technological Solutions to Copyright Problems

March 21, 2012

The Wall Street Journal took notice of the growing concern over Pinterest’s policies in its blog and print editions last week. It cited to this author’s blog in its article “How to Use Pinterest without Breaking the Law.”

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Mobile Marketing Matures: Legal Issues Persist

January 24, 2012

Earlier this week, I was interviewed as a legal expert in the PR News digital article “As Texting Moves from Simple Bottom-Line Actions, R U Ready?” (See January 23, 2012 edition at www.prnewsonline.com.) After exploring some of the innovations in mobile marketing for PR professionals, the article included my comments about the biggest legal risks in mobile marketing. These are 1) creating a proper consumer opt-in; 2) conducting legal prize promotions; and 3) identifying privacy concerns.

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Lessons from the FTC Settlement with Facebook

December 6, 2011

Facebook and the FTC have announced a settlement over charges that Facebook’s 2009 retroactive changes of users’ privacy settings constituted deceptive behavior. Much of the settlement is a rehash of what we already know, namely that Facebook was pursuing aggressively the erosion of privacy and that the FTC wants companies to implement comprehensive privacy programs that are flexible as new business practices emerge. The most interesting aspects of the settlement are as follows:

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A Menu of Intellectual Property Strategies–Restaurant Management

November 8, 2011

I co-authored an article with Jess Collen, partner in Collen IP’s Restaurant and Food Services Group, on ways restaurants can use intellectual property laws to further their business interests. This article first appeared in the September 28, 2011 edition of rmgmtmagazine.com.

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Common Errors in Seeking Website Copyright Protection

June 9, 2011

Last week, the IT BusinessEdge blog quoted me about copyright protection for websites in an article entitled “How Much Will You Do to Protect Content?” The article fleshes out some of the benefits of copyright protection, including statutory damages, attorney’s fees, but implies that the copyright protection process seem unwieldy and perhaps not worth the effort. Although I was quoted in the article, I cannot agree with its overall message. I would answer the article’s title query but saying that protecting a website is a smart business move. If the website is initiated properly, the process is painless and adds value to your brand.

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