Are Websites Subject to The Accessibility Requirements of The Americans With Disabilities Act?

It is undeniable that the internet is here to stay, playing an increasingly critical role in our ability to obtain and disseminate information.  No matter the application – business, entertainment, politics, etc. – the internet has become a staple of everyday life.  For many individuals with disabilities, however, navigating the internet can be a less than satisfying endeavor. Read More ›

Categories: E-Commerce, Social Media

Are Large High-Tech Companies Shirking Tax Responsibilities? A Recent Study Suggests Just That

A recent report, "Tech Untaxed," published by The Greenlining Institute, shows that some of the nation's largest high-tech companies (Apple, Microsoft, and Google, to name a few) are paying significantly lower effective tax rates even as their yearly profits rise. Read More ›

Categories: E-Commerce, Tax

Michigan Sales Tax on Internet Retailers...Possibly

The applicability of sales tax in Internet transactions is a contentious issue in the state tax arena.  Many Internet retailers do not collect sales tax on their sales unless they have a physical presence in a state.  As a result, states have alleged that they are losing millions in tax dollars and brick-and-mortar retailers are operating at competitive disadvantages to their online competitors that do not impose sales tax.  Although states have encountered Constitutional difficulties in taxing out-of-state retailers, the pendulum may be swinging in favor of the states. Read More ›

Categories: E-Commerce, Tax

Internet Sales: FTC's Mail or Telephone Order Merchandise Rule

With the holiday shopping season gearing up, let's take a look at a common scenario.  Frank, a "last minute" shopper, purchases a great gift from an Internet merchant's website.  The Internet merchant states that the item will be delivered to Frank in 3-5 business days.  Unfortunately for Frank, the item is delivered 5 days late. Does Frank have rights under the law?  Is the Internet merchant required to notify Frank of the late delivery? Read on. Read More ›

Categories: E-Commerce

Groupon: Trouble In Paradise?

Groupon, Inc. is in the midst of a class-action lawsuit, the result of which could alter the foundation of mobile couponing.  For the uninitiated, Groupon is a group buying website that offers large discounts on local goods and services. Groupon sends subscribers daily emails with promotional offers.  If a specified number of people sign up for the offer, the deal becomes available to all.  For example, a Groupon offer might permit a subscriber to purchase an $80 massage for $40.  The "Groupons" are valid for a certain period of time. According to Groupon's "terms of service," after a "Groupon" reaches its expiration date, it loses its promotional value; however, it can still be redeemed for the price paid. Read More ›

Categories: E-Commerce

Proposed Legislation Would Ban Unsolicited Text Messages

Cellular phones continue to play an increasing role in our daily lives, allowing us to stay "connected" 24/7.  That "connectivity", however, blurs and erodes the traditional notions of privacy in an individual's daily life.  Now, your boss, email, customers, and friends are never more than a button's push away. Read More ›

Categories: E-Commerce, Privacy

Invalid "Terms and Conditions" link to bind consumer to restriction

Are you purchasing items online, or, are you a merchant selling products using a website?  If so, you should check your Terms and Conditions link.

The case in point is Hines v Overstock.com Inc., and is relatively new under commercial law standards. Read More ›

Categories: E-Commerce

Software Licenses Do Not Automatically Transfer in a Merger or Acquisition

Software licenses provide businesses with the right to use software programs.  Many of these programs become interwoven into the fabric and function of the company.  As a general rule companies do not own the software they license.  The corollary is that they do not, unless expressly agreed, possess the right to transfer or assign the licensed software they use to a new entity when later involved in a merger, acquisition or internal corporate restructuring.  Read More ›

Categories: E-Commerce, IT Contracts

.CO Domain Names: the .COM Alternative?

A new land-grab is occurring on the World Wide Web.

There are presently more than 90 million domain names registered with the .COM extension. Now, 25 years after the launch of the .COM domain extension, domain space is crowded and availability is sparse; thereby, making the selection of a suitable domain name difficult.

Recently, however, a new .COM domain name competitor has entered the fray. On July 20, 2010, in a described "landrush event," the ".Co" domain became available worldwide via participating registrars (e.g., Go Daddy). In the first 24 hours, nearly 250,000 .Co domain names were registered. Read More ›

Categories: E-Commerce, Intellectual Property