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Business
Social Media: 5 Legal Risks to Your Company
June 21, 2012 • Jeff Jacobson, Jd, Llm
Social media has become not just a place to share our personal lives. Many people use social media to promote their business, communicate with customers, and recruit or check-up on employees. However, most businesses don't think about the legal risks and issues that may result from su...
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Business
Limitations on the Crowdfunding Legislation
May 30, 2012 • Jeff Jacobson, Jd, Llm
Now that the Jumpstart Our Business Startups — "JOBS" — Act has passed, many people are jumping to get into the crowdfunding game. There are masses of start-ups and operating companies that are seeking to use crowdfunding as a way to access cash for their new ventures or to expand exis...
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Business
Managing Your Company’s Trade Secrets
April 24, 2012 • Jeff Jacobson, Jd, Llm
Trade secrets are valuable assets that can be owned. Ecommerce businesses can create many types of trade secrets, including marketing techniques, supplier lists, business practices, and unique software processes. What may constitute a trade secret extends beyond what may be patentable,...
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Business
5 Tips for Working with Web Developers
March 21, 2012 • Jeff Jacobson, Jd, Llm
If you are planning on hiring someone to develop your website or particular functions for your website, there are some key items you should first consider. Many of these considerations relate to intellectual property, which is comprised of various rights created to protect the result of...
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Business
Crowdfunding Legislation Still Pending
February 22, 2012 • Jeff Jacobson, Jd, Llm
If you want to raise money for your business venture, you generally have a few traditional options. You can (a) ask your family to back your venture, (b) apply for bank financing, or (c) seek investors to participate in your business. Lack of Bank Financing Since 2009, bank financi...
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Business
Legal: Ecommerce Owners Liable to Patent Trolls?
January 24, 2012 • Jeff Jacobson, Jd, Llm
There has recently been an increase in the number of patent claims against website developers and operators. The claims are based on "business method" and software patents for various functions of a website, such as drop-down menus, site search, and other common functions. Many of the...
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Business
6 Key ‘Terms and Conditions’ for Ecommerce Merchants
April 15, 2011 • Jeff Jacobson, Jd, Llm
If you are selling goods or services over the Internet, it is important to have terms and conditions on your website. A terms and conditions page or language throughout the website about how you will treat certain transactions creates a contract between you and your customers. Having ...
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Business
Sales Tax Update: Illinois Says Affiliates Create a Nexus
March 22, 2011 • Jeff Jacobson, Jd, Llm
Illinois is the latest state to try to capture taxes from Internet sales. That state recently passed a so-called “Amazon Tax,” which uses affiliate programs to create a "nexus." Many states require a nexus — or physical presence — in the state to compel a retailer to collect sales tax...
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Business
Internet Sales Tax Impacts Amazon’s Affiliates
February 18, 2011 • Jeff Jacobson, Jd, Llm
The battle continues among large Internet retailers and the states over charging sales tax for purchases over the Internet. This is especially the case where the retailer has no “nexus” or presence in the state in which the consumer is located. As I discussed in "Internet Sales Tax: Ye...
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Business
Internet Sales Tax: Year-End Status
December 23, 2010 • Jeff Jacobson, Jd, Llm
It’s the end of 2010 and the status of sales tax on the Internet remains somewhat the same since the U.S. Supreme Court ruled in 1992. States continue to push to try to gain access to growing sales transactions that occur on the Internet, and large ecommerce retailers continue to push ...
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Business
Legal: Comparative Advertising, Competitors’ Trademarks, and Infringement
November 17, 2010 • Jeff Jacobson, Jd, Llm
Comparative advertising can be beneficial to the marketplace. It tells consumers the differences in products and allows competitors to highlight why the consumer should select its product over another product. The Federal Trade Commission’s policy in the area of comparative advertising ...
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Business
Legal: Privacy Lessons from the Twitter Breach
October 18, 2010 • Jeff Jacobson, Jd, Llm
Earlier this year the Federal Trade Commission (FTC) settled a case with Twitter regarding, in the opinion of the FTC, lax electronic administration of Twitter's website. This case provides insight into what is required in privacy policies and what administrative controls are required....
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Business
Protect Your Brand from Counterfeiters
September 16, 2010 • Jeff Jacobson, Jd, Llm
This is the second installment in a two-part series regarding protection against counterfeit products being sold on the Internet. In the first installment, "Legal: When Merchants Are Liable for Selling Counterfeit Brands," I wrote how online retailers and auction houses can protect them...
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Business
Legal: When Merchants Are Liable for Selling Counterfeit Brands
August 18, 2010 • Jeff Jacobson, Jd, Llm
This is the first installment of a two-part series regarding protection against counterfeit products being sold on the Internet. The first part of the series, below, discusses how online retailers and auction houses can protect themselves from unwittingly selling counterfeit products. T...
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Business
Five Legal Practices to Protect Your Online Business
July 15, 2010 • Jeff Jacobson, Jd, Llm
The following is a list of five business practices that online business owners should follow to help protect their business from liability and minimize legal claims. 1. Maintain Clear and Accurate Communication with Customers Clear communications will solve many customer complaint pro...
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Business
Copyright Trolls Threaten Your Ecommerce Business
June 17, 2010 • Jeff Jacobson, Jd, Llm
Your website most likely has pictures on it. It might also have video as part of the design or to help in the sale of products. The use of these items is necessary to show your customers what the product looks like or the product’s functions. However, all too often the source of the p...
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Business
Website Terms and Conditions: Overstock.com Case Highlights Enforceability
May 18, 2010 • Jeff Jacobson, Jd, Llm
Using terms and conditions on your website can be an effective way to protect your business from lawsuits, set shipping terms, and describe additional charges. Generally, website terms and conditions, or terms of use, state that users of the website are bound by such terms just by thei...
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Business
Legal: Domain Names, Trade Names, and Trademarks
April 20, 2010 • Jeff Jacobson, Jd, Llm
Editor’s Note: We welcome Jeffrey Jacobson, an attorney, as our newest contributor. Jacobson is an expert in Internet and ecommerce law with Parmenter O’Toole, a Michigan-based law firm. He will contribute monthly on legal topics important to ecommerce merchants. His first piece, "Legal...