Kelly / Warner Law Blog

Welcome to the Kelly / Warner law blog. Each week, we post reviews and analysis of recent and significant lawsuits, in addition to opinions and general legal advice related to Internet, unfair competition, marketing, business / startup, intellectual property and defamation law. If you have a topic you'd like us to cover, send in a suggestion!

Supplement FBA Sellers: Are You Certain Your Organic Labeling Is Legal?

All supplement FBA sellers should take 3 minutes to read about a recent court ruling that could affect your niche. Specifically, it’s about product labeling. This year, the “clean food” revolution may become a lot messier– legally speaking. Recently, the California Supreme Court ruled that individuals can sue companies that slap an “organic” label on … Continue reading Supplement FBA Sellers: Are You Certain Your Organic Labeling Is Legal?

Read »
Internet Law: Gag Clauses For Online Reviews

Is It Legal To Use Gag Clauses To Prevent Negative Online Reviews?

Are contractual “defamation clauses” – a.k.a. “gag clauses”—acceptable? Legally enforceable? Can you sneak them into customer agreements in an attempt to mitigate bad online reviews? Let’s review. Using Gag Clauses To Prevent Negative Online Reviews Can Backfire – Badly. If you asked ten U.S. citizens, “What’s the cornerstone of American law,” nine of them might … Continue reading Is It Legal To Use Gag Clauses To Prevent Negative Online Reviews?

Read »
Internet Law Blog: FTC Dietary Supplement Sweep

Dietary Supplement Law: FTC Is On The Warpath!

The Federal Trade Commission, in conjunction with other government agencies and offices, brought suit against over 50 dietary supplement marketers and manufacturers. The alleged offense? Questionable promotional techniques.

Read »
internet law blog: board of directors defamation legalities

DOB Defamation: Sued Over Accusations Slung At Meetings?

If you’ve ever sat on a board of directors, you know. You know that BOD meetings can quickly turn into a verbal UFC match — which is why they’re a regular source of slander and libel lawsuits. But here’s the legal rub: in many situations, board of director showdowns are protected from the go-go-Gadget arm … Continue reading Board of Directors Defamation: Sued Over Accusations Slung At Meetings?

Read »
Internet law blog:Google defamation case

Google Defamation: Will The Search Giant Survive Down Under?

Has anybody in the United States successfully sued Google for defamation? Attempts have been waged, but the plaintiffs’ crusades usually fail. Sure, folks win defamation lawsuits against authors of defamatory statements. But against Google? Nah. Google almost always walks away unscathed – fresh as a Mentos factory. Why? Stateside statutes make it very difficult for … Continue reading Google Defamation: Will The Search Giant Survive Down Under?

Read »
Internet law blog:Wynn Defamation case

Steve Wynn Defamation Lawsuit; Privilege Abounds (But Not How You May Think)

Gaming mogul Steve Wynn is at the eye of a Massachusetts legal hurricane. His decision to build a casino in Charlestown has a sparked a “concern storm” amongst some residents and representatives. Detractors believe a high-priced casino in the area will prove detrimental to locals; they also want a public vote on the matter. The … Continue reading Steve Wynn Defamation Lawsuit; Privilege Abounds (But Not How You May Think)

Read »
Internet Law Blog: FTC can now fine businesses for being hacked

ATTN BUSINESS OWNERS: THE FTC CAN NOW FINE FOR BEING HACKED!

Can the Federal Trade Commission fine a company for being hacked? In some instances, yes, they can! Click to read.

Read »
criminal defamation

Criminal Defamation in the United States: A 2015 Update

Believe it or not, some states still carry criminal defamation laws on the books. Click through to read an update on criminal defamation in the U.S.

Read »
Speak Free Act explanation

The Speak Free Act: Explanation and Analysis

Will the proposed Speak Free Act hurt small business owners? Maybe. Click through to read about the latest online defamation law and its potential consequences.

Read »
facebook thumb

Consequences of Hacking Into Another Person’s Account

Facebook law issue: What are the consequence of hacking into someone’s account? In some cases it could mean jail time. In other instances, it could mean a gigantic fine. Click through to read about the details.

Read »
Ashley Madison hack

Ashley Madison Hack: What Can People Sue Over?

Online purveyor of pro-paramour lifestyles, AshleyMadison.com, encouraged users to “have an affair,” because “life is short.” Well, the company’s lifespan may now be in jeopardy thanks to a possible litigation tsunami heading its way. Who can exposed Ashley Madison users sue: the website or the hackers? What can “victims” legally claim? What are the chances … Continue reading Ashley Madison Hack: What Can People Sue Over?

Read »
Get content removed from Google

Canadians May Need A U.S. Lawyer To Get Content Removed From Google.com

Here’s a question: When Google is faced with a court order compelling the removal of a defamatory webpage from its index, do you think Google should: Not remove the link at all, because doing so is sliding down a slippery anti-free-speech slope? Remove the link, but only from the national index of the country from … Continue reading Canadians May Need A U.S. Lawyer To Get Content Removed From Google.com

Read »