WLF Lawyers recently joined the Cancer Legal Resource Center's Professional Panel. The CRLC is a joint effort between the Disability Legal Rights Center and Loyola Law School. It provides information and resources on cancer-related issues to cancer survivors and the others in their lives that may be affected.

When callers require direct legal advice or advocacy that the CRLC cannot help with, they are referred to attorneys from the Professional Panel. All attorneys agree to speak with the callers for free. WLF Lawyers is now one of the firms that will assist these callers.

For more information on the Disability Legal Rights Center and CRLC click here.  

 
Starting this month we will be publishing a series on e-commerce law for businesses. Each newsletter will have an article on a different e-commerce topic.

We often get calls from clients who are concerned about reviews of their business online. Unfortunately, the relatively anonymous nature of the internet encourages many people to post things that they might not otherwise say or write. Sometimes, these postings cross the line between consumer opinion and defamation and our office is contacted to discuss potential litigation. 

Despite what many people think, comments online are not completely anonymous. Even if a site allows comments without registering or providing any identifying information, it is still possible to obtain the internet protocol address of the computer used to make the post, which often leads to the identity of the poster (or the identity of someone who is connected with the poster). Most service and internet providers, however, are reluctant to disclose this information without intervention from the courts, which forces the question, "Is it worth the effort to unmask an anonymous poster?" Even if the comments are defamatory, the cost of litigation can be high, with a relatively small chance of being able to collect damages from the poster. To offset the cost of pursuing legal action, some clients have asked whether the website hosting these comments will share in the liability of the defamatory poster.

Under Section 230 of the CDA, providers of an interactive computer service are immune from liability as the publisher or speaker of any information provided through their computer service unless they can be classified as an "information content provider." As defined under the statute, an "information content provider" is "any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service." Sites like Yelp and RipOffReport would only be liable for posts made through their site if it could be established that they were also an information content provider, and responsible in some way for the creation of the content posted to their websites.

Some plaintiffs have argued that these sites participate in the generation of content by soliciting complaints and steering those complaints into specific categories designed to attract attention by consumer class action lawyers. The legal support for liability for such actions comes from the Ninth Circuit case of Fair Housing Counsel v. Roommates.com, LLC, 521 F.3d 1157 (9^th Cir. 2008), where Roommates.com was held to be an information content provider by requiring users to disclose their sex, family status, and sexual orientation to use its website. This information was then used to match users looking for roommates and generate content with discriminatory listings. While review sites are capable of hosting discriminatory and defamatory content, their users are not required to disclose such information. All websites that allow user content are capable of hosting unlawful material, however, nothing in the Yelp or RipOffReport registration or posting processes require a user to disclose inappropriate material.

If review sites cannot be held liable for the passive components of their site, then liability must stem from a showing that they actively participate in the creation of content. The "material contribution" test articulated by the Ninth Circuit in the case of Fair Housing Council of San Fernando Valley v. Roommates.com, LLC (2008) 521 F.3d 1157 states that a defendant's own acts must materially contribute to the illegality of a message for immunity to be lost. Most review sites merely host the content provided by users, therefore they are immune from liability for defamation under Section 230 of the Communications Decency Act.

In addition to seeking legal advice when negative comments about your business show up online, you may want to consider the counsel of a search-engine specialist. In general, resisting the temptation to respond to derogatory comments may be in your best interest, as any responses to a post have the potential to increase the search visibility of the remarks. Retaining the services of an online marketing firm may provide you with additional tools to deal with unwanted or false reviews, including techniques to decrease the page rank of such material while simultaneously increasing the rank of your own content. 

Employment Law F.A.Q.

Q: Are out-of-state employees subject to California overtime rules?

A: Surprisingly, yes! The California Supreme Court recently ruled in Sullivan v. Oracle Corporation that non-resident employees who perform work within California are subject to California overtime rules while working within the state.

Q: Are employers required to provide paystubs with employee checks?

A: Yes. California Labor Code § 226(a) requires employers to provide either as a detachable part of the check or separate statement, information showing (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime, (3) the number of piece-rate units earned  and any applicable piece-rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7)  the name of the employee and the last four digits of his or her social security or employee identification number, (8) the name and address of the legal entity that is the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.

Standard estate planning documents give settlors the opportunity to record their wishes for the distribution of their property and to make arrangements for the care and guardianship of their family. When you take the time to prepare an estate plan, however, it may also be time to consider whether standard definitions of "property" and "family" meet your particular needs. For example, does your family include pets? Does your notion of property include intangible assets such as social networking accounts, blogs, or virtual game property? If you are interested in discussing your estate planning options, or want to make additions to an existing plan, please feel free to contact our office to schedule an appointment. 

Pets - In addition to recording who you would like to care for your pets, it is important to consider the possibility that no one in your family can look after your animal loved-ones. Our trusts have standard clauses to ensure that your animals are cared for by a rescue organization dedicated to "no-kill" care in the event that no one else is available for their care. It is also possible to set up a trust specifically for the care of your pets to ensure that they are always provided for.

Social Networking Sites - In addition to making the transfer of online property easier, recording your wishes for online accounts, and even email, can allow you to setup online memorials or grant access to your beneficiaries to important online account information.

Did you know WLF Lawyers is a full-service law firm? Our practice areas include:

*Drafting and Negotiating Contracts;

*Marital Agreements;

*Intellectual Property;

*Business Formations;

*Non-Profit and Mutual Benefit Entities;

*Estate Planning;

*Asset Protection;

*Litigation;

*Trademark Trial and Appeal Board Cases;

*Entertainment Law;

*General Business Services;

*Restaurant Law;

*Franchise Law;

*Collections;

*Internet and E-commerce;

*Privacy;

*and Employment Law.