Newsletter + Legal Alerts
December 2018 Newsletter
Mike King’s Corner: E-Sign…or Not?
Author: Mike King
Issue: September 20, 2018
QUESTION: DO I HAVE AN ENFORCEABLE ELECTRONIC AGREEMENT WITH A VALID ELECTRONIC SIGNATURE, OR NOT?
ANSWER: WHEN SOMEONE DENIES THEY INTENDED TO SIGN AN ELECTRONIC DOCUMENT, IT CAN BE DIFFICULT TO ENFORCE AN ELECTRONIC AGREEMENT.
The problem in determining whether there is a valid electronic signature is similar to the age-old problem of proving that someone’s signature is genuine when that party denies that he or she signed the document. With the written signature, you would need handwriting experts to prove the authenticity.
Mike King’s Corner: Elusive Electronic Contracts
Author: Mike King
Issue: August 14, 2018
QUESTION: WHAT DO YOU GET WHEN YOU SELL A MOVIE, A SODA, SOME CANDY AND GIVE AWAY FREE MAGAZINES?
ANSWER: A MULTI-MILLION DOLLAR CLASS ACTION SUIT IF YOUR ELECTRONIC CONTRACT IS NOT WELL-PREPARED!
Movie night with a bonus?
On October 29, 2004, Christina Labajo bought the movie “White Chicks-Unrated,” along with a Dr. Pepper and peanut M&Ms at Best Buy. Labajo v. Best Buy Stores, L.P., 478 F. Supp. 2d 523 (U.S.. S.D.N.Y., 2007). She went to pay for the purchase with her debit card and was told by the sales clerk that she could get a free subscription to Sports Illustrated.
Summer 2018 Newsletter
Mike King’s Corner: Stamp it©!
Author: Mike King
Issue: July 16, 2018
QUESTION: WHY WAS THE UNITED STATES POSTAL SERVICE ORDERED TO PAY OVER $3.5 MILLION FOR USING A PICTURE OF LADY LIBERTY ON A STAMP??
ANSWER: THE POST OFFICE USED A PICTURE OF A COPYRIGHT PROTECTED STATUE OF LIBERTY AT A CASINO IN LAS VEGAS!
Robert S. Davidson (the “sculptor”) sued the United States acting as the U.S. Postal Service (“Postal Service”) for copyright infringement. Davidson v. United States (U.S.Ct. Federal Claims, No. 13-942 C (filed: June 29, 2018). The court of claims awarded the sculptor $3,554,946.95 plus interest as compensation for the copyright infringement by the Postal Service for putting a picture of Lady Liberty on a stamp.
