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Business
‘Native’ Advertising Subject to New F.T.C. Regulations
January 11, 2016 • Elizabeth Lewis
The rise of so-called “native” advertising on websites has prompted the U.S. Federal Trade Commission to issue standards on the presentation and content of that advertising. After almost two years ...
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Business
Avoiding Legal Liability from Holiday Gifts and Parties
December 14, 2015 • Elizabeth Lewis
As the holiday season approaches, business owners often consider gifts, company parties, and other forms of rewards for a year of hard work and relationships — and hope for additional ...
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Business
Year-end Legal Checklist for Ecommerce Owners
November 9, 2015 • Elizabeth Lewis
As the end of the year approaches, business owners should review their financial and legal obligations for 2015 and prepare for 2016 and beyond. While each business is unique, the ...
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Shipping & Fulfillment
Published Shipping Policies Can Protect Merchants
October 15, 2015 • Elizabeth Lewis
As we head into the holiday season, shipping of products goes into high gear. Ecommerce merchants must make sure that they have updated their shipping policies prior to Black Friday ...
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Staffing
U.S. Puts Short Leash on Independent Contractor Status
September 20, 2015 • Elizabeth Lewis
Independent contractor or employee? It is a question that most business owners face as they grow from being self-reliant to needing help. Initially, many business owners choose to classify individuals ...
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Business
Trademark Infringement from Search Subject of Amazon Lawsuit
August 10, 2015 • Elizabeth Lewis
Several lawsuits have made headlines over the past few years regarding the use of trademarked phrases in search ads against those that sell the ads (see Rosetta Stone Ltd. v.
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Business
Proposed U.S. Overtime Rules Bad for Small Businesses?
July 7, 2015 • Elizabeth Lewis
There has been much talk recently about the proposed federal rules in the U.S. regarding overtime pay. Many observers are confused about exactly who would be entitled to overtime and ...
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Business
How to Protect Against Credit Card Chargebacks
June 9, 2015 • Elizabeth Lewis
Ecommerce business owners dread credit card chargebacks. It often takes just one chargeback for a merchant to question her procedures, to stop another one from happening. Luckily, if you prepare ...
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Business
Lessons from Prison: Satisfy Customers, Follow the Law
May 7, 2015 • Elizabeth Lewis
In “Can Lawsuits Remedy Bad Online Reviews?,” my article last month, I focused on whether lawsuits can remedy bad online reviews of businesses. In the cases that I addressed, there ...
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Business
Can Lawsuits Remedy Bad Online Reviews?
April 8, 2015 • Elizabeth Lewis
Yelp.com is no stranger to lawsuits involving libel, defamation, and privacy laws. As Yelp is one of the largest rating sites, a body of case law has started to form ...
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Business
Supreme Court to Address Ecommerce Sales Tax?
March 25, 2015 • Elizabeth Lewis
Earlier this month, the U.S. Supreme Court issued a closely watched decision in the Colorado “Amazon tax” case, Direct Marketing Association v. Huber. Marketing associations, affiliate marketing groups, online sellers,
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Business
Selling on Multiple Channels? Know Terms of Use
February 19, 2015 • Elizabeth Lewis
Any company that sells products online or markets online typically uses multiple channels — such as its own website, Facebook, LinkedIn, Etsy, and Amazon. However, most companies don’t understand the rights they are giving ...
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Business
Legal: When to Review, Update Business Contracts
January 13, 2015 • Elizabeth Lewis
As an attorney, I write a lot of contracts — terms of use, privacy policies, employment agreements, leases, and non-disclosure agreements, among others. However, what most people don’t understand about ...
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Business
Websites Liable for Children’s Data under Federal Law
December 4, 2014 • Elizabeth Lewis
Last year at Christmas, I was surprised at the number of technology-focused toys aimed at children under four. I saw (a) stuffed animals that you can plug into your computer ...
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Business
How to Avoid Copyright Infringement Claims
November 6, 2014 • Elizabeth Lewis
Imagine this scenario. You go to your physical mailbox; inside is a certified letter from a law firm that you have never heard of. You open it up, wondering what ...
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Business
5 Things Attorneys Wish Business Owners Knew
October 7, 2014 • Elizabeth Lewis
Every day I meet with clients with problems both large and small. They come to me seeking advice, counsel, and hopefully nuggets of wisdom that I have gained over the ...
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Business
How to Create an Ecommerce Privacy Policy
September 2, 2014 • Elizabeth Lewis
Over the past few years, a series of stories have hit the press regarding online privacy — the biggest being about Edward Snowden and the NSA. However, smaller stories that ...
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Business
How to Register a Trademark, Part 2: Protecting Registration
August 4, 2014 • Elizabeth Lewis
In “How to Register a Trademark, Part 1: Determine Availability,” my article last month, I addressed how you could lose your trademark due to improper filings before your trademark is ...
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Business
How to Register a Trademark, Part 1: Determine Availability
July 8, 2014 • Elizabeth Lewis
Many people think that once they register a trademark with the United States Patent and Trademark Office that their trademark is valid. However, this is an assumption that can end ...