ISPs could not rely on immunity in two cases; CDA defense ruled out in trademark case; safe-harbor defense nixed in DMCA case

Article Abstract:

Two federal court rulings making Internet service providers (ISP) liable for trademark or copyright infringement are discussed, despite limitations on ISP liability for such infringement under the Communications Decency Act of 1996 and the Digital Millennium Copyright Act. They are Gucci America v. Hall & Associates and ALS Scan, Inc. v. RemarQ Communities, Inc.

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Trade secrets; noncompete agreements

Article Abstract:

Guidelines for a high-technology company to follow in drafting a non-competition agreement are listed. These are necessary in view of the striking down of an Internet company's one-year noncompete agreement in Earthweb v. Schlack, as such agreements are common in the computer industry.

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Noncompetes aren't guaranteed; sometimes the law of one state will override an employment agreement made elsewhere

Article Abstract:

The need for employers to consider strategies such as protection of trade secrets, provisions for liquidated damages and clauses limiting a departing employee's raiding of a company's work force or soliciting a company's clients are discussed.

States

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