Does the operation of a Web site mean that your company can be dragged into court in any jurisdiction? This is a question that has been the subject of numerous lawsuits in both the U.S. and other countries. Here are summaries of a few recent U.S. decisions that provide some guidance on this issue. I...
Today's hot topic is Google and the search-engine ranking of brand identities. All businesses, whether big or small, are trying to dominate the accessibility of their corporate images and brand names, mostly via cyber mediums, fluid Web sites, new cyber branding and digital domain name management te...
Offshoring's toughest moments are often encountered while attempting to manage an IT outsourcing program at a facility that is unprepared for that particular type of work. As described below, chances of offshoring success are improved by matching the type of program with the lifecycle of the offshor...
Is there copyright protection in compiled data published online? As with most things of a legal nature related to the Internet, it all depends on the factual context. A number of recent U.S. court decisions have shed some light on this issue. In Assessment Technologies of WI LLC v. WIREdata Inc., Ju...
Most U.S. corporate customers of call centers offshore have little or no idea about other voice programs being run at those centers and how those unrelated programs could adversely affect them. Do you? Many U.S. firms have moved key business functions offshore to facilities that are running afoul of...
The California Assembly has approved a bill that would require employers to warn their employees if they plan to monitor workplace e-mail and Internet activities. SB 1841 -- an act to add Section 436 to the Labor Code, relating to electronic monitoring of employees -- has created a debate that pits ...
In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was br...
During the early dawn of mainframe computers, everyone was in data processing, and most corporations thought that without the word "data" in their corporate naming lingo, they would simply die. Therefore, millions of business names like "Data-This" and "Data-That" came about. All companies, big or s...
American businesses are usually very price sensitive. Compared to firms elsewhere in the world, American companies tend to pay close attention to performance numbers. Valuing this kind of metric often comes as a surprise to offshore service providers, particularly in cultures where personal connecti...
Most of you reading this have spent a significant amount of time building your brand equity through offline channels. Manufacturing goods that appeal to the target audience, marketing through catalogues, ongoing promotions and offers -- all contribute towards creating a strong brand. Moreover, signi...
Recently, there have been a number of interesting cases dealing with the liability of an ISP for the misdeeds of a user. In the case of CoStar Group v. Loopnet Inc., the U.S. Court of Appeals for the Fourth Circuit found that ISPs are not liable for copyright infringement when they passively store d...
India's Central Board of Direct Taxes (CBDT) issued a circular in May on the taxability of foreign companies that have outsourced work to India. Official notices have also been sent out to Indian IT outsourcing firms asking for information on the nature of services being provided by outsourcing orga...
Most corporations, when giving birth to a new product, behave just like parents jumping in frenzy in a maternity ward. This typical hysterical hoopla of the incubation wing is often replaced by a subtler, cubicle behavior and, at times, becomes a subdued Dilbertish-style revolution. Objects do fly, ...
The Indian government has made various proposals recently to tax foreign firms sending outsourcing work to India and firms that import and resell shrinkwrap software in India. Proposals range from setting a simple 4 percent tax on the value of outsourcing contracts to a more complex system of taxing...
U.S. Sen. Judd Gregg, chairman of the Senate Committee on Health, Education, Labor and Pensions, recently introduced the Safe Importing of Medical Products and Rx Therapies Act, a bill that will allow for importation of prescription drugs from Canada and a number of Western European countries. The A...
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