Wired

The issue: whether Pulse Marketing violated 18 U.S.C. § 1037, which prohibits using false information to create multiple fake domains or email addresses, and using those domains and addresses to send out multiple commercial email messages.  Further, the federal CAN-SPAM Act, 15 U.S.C. § 7701, et seq., places restrictions and requirements on sending commercial emails.  All in all, the idea behind these laws is to protect consumers from unsolicited and unwanted advertisements while ensuring that companies are not abusing commerical emails.

While the idea of searching emails during an investigation has become routine, the Google Docs warrant appears to be the first in which the information sought resided in documents stored in “the cloud.”  The question becomes, is “cloud computing” safe and does it protect your privacy in the world of social media law?

by:  Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information on social media law, contact: Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter:http://twitter.com/sardarlawfirm

Social Media is akin to the e-mail era:  it is so convenient that it will not fade away and social media law must follow the pace of social media. The varying forms of social media communication may differ in popularity on and off, but the existence of the social media mediums must become of paramount concern to businesses as they move forward.  Effective corporate communication must incorporate social media, and here are 3 simple steps to help ensure that your company’s social medial lawyer can help you responsibly embrace advances in social media based communication:

(1) Assess

The first step of responsible corporate communication through the social media medium is the involvement of a corporate attorney to understand and analyze the risks to your company through the usage of social media.  Without the involvement of a legal entity, the risks will not be apparent.  A corporate attorney with an understanding of social media related law & risks must assess: (1) how does this company use social media?  (2) do company employees using social media on a personal level create a risk to the company? (3) do company managers create a risk to the company through social media usage? (4) how can the company develop policies and monitoring strategies to avoid potential risks?

(2) Influence

Upon developing a thorough understanding of a company’s social media usage and therisks involved, a social media lawyer would help companies develop a place to influence the company’s social media usage.  Much like the usage of e-mails and instant-message type online discussions, social media usage can be monitored by companies when used on company laptops.  Develop a written company policy that outlines the use of social media through company computers, and by those claiming to represent the company in the online world.

Encourage your employees to be responsible when using social media such as Twitter, Yammer, or Facebook to name a few.  Read through blogs discussing your company or written by your employees.  Comment on interesting blogs or Twitter posts about your company.  Influence the online conversation on various social media platforms.  Embracesocial media by participating in it.

(3) Evolve

Remember that social media is an evolving platform, as are the risks.  With new additions to the social media world, new risks will inevitably arise.  Your company must evolve with these advances and fads, while having a well-hashed out written policy on social media as a whole.

It is critical to evolve while developing a strong and resilient social media policy.  But if you decided to assess, influence, and evolve – your company will benefit from the world of freesocial media publicity and corporate communication.

More articles on Social Media Law can be found here.

By: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information, contact:  Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm

Social media has grown exponentially in the last decade, with enterprising companies creating uncontested market space in the online and digital industries. Whether its new search engines or unique services offered to niche markets within the browsing population, social media has transcended all ages, incomes and geographic regions.   Due to the fast-paced nature of social media, ambitious entrepreneurs often overlook the need for contracts for their business. While staying ahead of the competition is paramount, creating and maintaining contracts will only enhance your edge.

Before you even start a company, or else plan on developing professional relationships with external agencies, prospective partners and employees, it is critical to understand the laws of contract. When there is a dispute, and often there is at least one during the development phase, all parties will look to the contract. As such, having a lawyer on board from the outset will always be an advantage for your business. Here is a brief list of issues to consider:

• Non-Compete Clauses: you want to protect your business by impeding your partners’ or employees’ rights to directly compete with your business if they leave. This would be framed within a specific time period, limited to a geographic area, but is very important because they possess inside knowledge of your competitive advantage.
• Non-Solicitation Clauses: you don’t want your partners or employees soliciting your colleagues or your customers away from your business.
• Non-Disclosure Agreements: NDAs are no unreasonable, so long as the language in the contract is clear on protecting your right to confidentiality.
• Moonlighting and Loyalty: This may or may not be necessary, depending on the nature of your business. A lawyer could assess its need once you discuss your goals.
• Ownership of Intellectual Property: You may want to protect any processes, templates, systems, or methods created by an employee by retaining any IP rights over them. A contract on the outset will provide necessary protections so that work product created under your business does not ultimately go to a competitor.
• Use, Licensing, Technology Transfer: Social media companies will likely need to outsource its products or services through other digital or online mechanisms, usually other companies. Often, partnerships are created to facilitate such business development. In this context, having contracts to protect the use and licensing of your work product, so that it doesn’t leak or be misused, will make your transitions to the next stage much more efficient. Similarly, if you are interested in commercially exploiting your methods, processes or inventions (Technology Transfer), you will need contracts to protect your financial interests.

Spending a little time on developing a legal structure through contracts, while slightly time-consuming, is a real investment in your social media business. Your business will make or break based on the contract, often when you must make strategic decisions for the success of your business. Retaining a contract lawyer will only enhance the probability of that success.

This article was published by Sunshine Suites, here.

You can follow Sardar Law Firm on Twitter:  twitter.com/sardarlawfirm

Our attorneys have experience in working within corporate structures, allowing us to better evaluate the legal needs of individuals and corporations.  We are aware of the specialized needs of closely held corporations and partnerships, providing us with the tools to better represent our clients.

Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 or sardar@sardarlawfirm.com for a consultation.

Our services include:

• Negotiating franchise agreements
• Execute ownership and financial transactions for clients in the hospitality industry
• Acquisition, development and sale of hotels & motels
• Developing the structure for hotel management
• Drafting and negotiating management agreements
• Resolving partner and shareholder disputes
• Advising businesses on hiring, retaining and terminating employees (human resources)

Contact us at 631.838.0178 or sardar@sardarlawfirm.com for a consultation.

Sardar Law Firm attorneys have a special focus on helping new business start-ups entering into agreements with other companies to protect their intellectual property and avoid restrictive covenants. Our goal is to preserve your small or mid-sized business start-up’s ability to navigate the corporate arena.  We offer our services as General Corporate Counsel, providing you with an ongoing relationship with attorneys who are with your business from the start.   Contact us at sardar@sardarlawfirm.com or 631.838.0178.

BUSINESS FORMATION

As a multidisciplinary business and commercial law practice, the SARDAR LAW FIRM can efficiently guide you through the process of laying a solid foundation for future success and can help you resolve complex legal challenges and commercial disputes with minimal disruption to your business. This includes preventative measures such as written Employment Policies and trainings for employees.

Like many of our clients, we focus on making a long-term investment in our clients’ future success. Our attorneys are dedicated to providing creative and cost-effective legal solutions to clients at any stage of their business career.

BUSINESS DISSOLUTION LITIGATION

Attorneys at the SARDAR LAW FIRM are well aware of the multitude of issues arising out of the operation of small and mid-sizes business entities.  From close corporations to partnerships, businesses may suffer from problems due to financial mismanagment or criminal misconduct of a partner, desire of business partners to go separate ways, or a mutual decision to end the business relationship.

Business dissolution is not a matter to handle lightly, as it may have future repurcussions if not handled properly.  With our knowledge of closely held corporations and negotiation practice, our attorneys can help you effectively settle your business matters.  We will work with you to reach a viable end goal.

Contact us at sardar@sardarlawfirm.com or 631.838.0178.

Our attorneys will work with you directly to explore a full range of options in resolving your important contract dispute. It is this personalized service and our corporate experience in these matters which allows us to effectively advocate our clients’ interests in the negotiation and litigation of breach of contract actions.  We are attorneys that have experience working within the corporate structures, allowing us to better evaluate the legal needs of individuals and corporations.

We understand that each client has specialized needs.  Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

The services we provide for our cleints include:

• Appraisals
• Art dealers’ duties and rights
• Artists’ estates and foundations
• Auctioneers’ duties and rights
• Authentication committees and catalogues raisonnés
• Authenticity disputes
• Bankruptcy, creditors’ rights, and security interests in works of art
• Consignment agreements
• Defamation and product defamation concerning works of art and their provenance
• Donor restrictions on use or display of donated works
• Internet sites concerning art and art sales
• Joint ownership of works of art
• Licensing of copyrights
• Loans of artwork to museums
• Private dealer sales
• Private treaties