Israels Parlament stimmt für 'Facebook-Gesetz'

Israel möchte künftig verstärkt gegen Hetze im Internet vorgehen. Ein Gesetzesentwurf hierzu erhielt nun in einer ersten Lesung die Mehrheit der Parlamentsstimmen. Laut eines entsprechenden Spiegelartikels von 03. Januar 2017 zielt der Entwurf darauf ab, Verwaltungsgerichten die Befugnis zu geben, "Internetplattformen wie Facebook, YouYube oder Google per Gerichtsbeschluss zur Löschung von Gewaltaufrufen zwingen zu können."

Falls der Entwurf auch in zweiter und dritter Lesung bestätigt wird, kann die israelische Regierung in Zukunft die Entfernung von Einträgen auf Internetseiten und Social Media Plattformen gerichtlich
anordnen lassen. Auf dieses Vorgehen soll zurückgegriffen werden, falls ein entsprechender Eintrag als ein 'Risiko für die Sicherheit einer Einzelperson, der Öffentlichkeit oder des Landes' eingestuft werde. Gleichzeitig bewerten NGOs und Vertreter der Palästinenser den Entwurf kritisch und fürchten, dass das Gesetz einen Eingriff in die Informations- und Meinungsfreiheit der Bevölkerung darstellen könnte. Laut Justizministerin Ayelet Shaked hatten die Betreiber von Facebook 95 Prozent der von der israelischen Regierung beanstandeten Beiträge gelöscht 

Auch in Deutschland wird immer wieder heiß diskutiert inwieweit z.B. Facebook seiner Verantwortung nachkommt, bedenkliche Beiträge im Netz zu löschen. Erst im Novmber letzten Jahres hatte die Staatsanwaltschaft München Ermittlungen gegen Facebook - CEO Mark Zuckerberg und andere Spitzenmanager des Konzerns aufgenommen. Bei den Ermittlungen geht es um Verdacht auf Beihilfe zur Volksverhetzung. Die Betreiber des sozialen Netzwerkes sind dazu verpflichtet rechtswidrige Beiträge von Facebook-Nutzern zu löschen, wenn sie darüber Kenntnis erhalten. Den Ermittlungen liegt laut einem Spiegelartikel vom 4. November 2016

eine Strafanzeige des Würzburger Anwalts Chan-jo Jun zugrunde, welche beanstandet, dass das Unternehmen in mehreren Fällen derartige Beiträge nicht entfernt hat, selbst nachdem es mehrfach darauf hingewiesen und um die entsprechenden Schritte gebeten worden war. Bei den Beiträgen handelt es sich um "Mordaufrufe, Gewaltandrohung, Holocaustleugnung und andere Delikte". Es wird kritisiert, dass Facebook entweder nicht auf entsprechende Meldungen reagiert, oder sie "in einer Standardformulierung für unbedenklich erklärt" hätte. 

Why travelers from 9 U.S.-States will soon need a passport for domestic flights

If you are a resident Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina, or Washington, and you are planning domestic flights in 2018, then you might want to check if your passport is still valid. If at that occasion you discover that you do not have a passport and you do not wish to be limited to earthbound methods of transportation, then you should probably apply for a passport in the next months - unless you have a military ID or a Permanent Resident Card.

As of January 22, 2018 a drivers' license from one of these nine States will no longer get you past TSA checkpoints at the airport since it does not meet the required standards asked for in the Real ID Act passed in 2005. Following the events of 9/11, the Act was passed to enforce stricter requirements to prevent counterfeiting of ID cards. Ideally, all State-issued Identity Cards should be in compliance with the Act in 2020. 

8th Annual AmCham Germany Business Day: "Innovation Triangle - USA - Germany - Israel"

Israel has been known as an “innovation hub” for a long time and in no other country do companies apply for as many patents as in the US, followed by Japan and Germany.

Join us for the 8th Annual AmCham Germany Business Day and discuss with our keynote speakers such as Dov Moran, the inventor of the USB Flash Drive, how different (business) cultures in these three countries promote and enhance innovation.

Agenda:   
1:30pm - Registration                
2:00pm - Speeches and Panel Discussion
5:30pm - Networking & Reception
6:00pm - 9:00pm - Dinner Speeches & Presentation of the U.S.-German Internship Program    

Location:

Porsche Headquarters

One Porsche Drive

Atlanta, Georgia 30354

Please RSVP by February 28, 2017

Vivien Cservenka

BridgehouseLLP

Via E-Mail:

vivien.cservenka@bridgehouselaw.us

Via Phone:

404 885 5221

One of the keys to any successful business is to come up with new ideas, to implement them and to keep operations, products and services fresh. “Innovation”, the process of bringing those ideas to reality, has been playing a large role both for small and big companies in the national and international context. Throughout all areas of industry new forms of information technologies are being implemented, and are constantly evolving, so that yesterday’s innovations may already be outdated today. In this changed economic environment, companies who can bring innovative products to the markets, and continuously strive for new developments are becoming internationally successful. The competition for new ideas is transboundary; companies fight for creative people and provide them with money and other resources to enable them to come up with new ideas.
Germany, USA and Israel have become leading countries, regarding innovations and inventions. In no other country do companies apply for as many patents as in the US, followed by Japan and Germany. Israel also has been known as an “innovation hub” for a long time. Even though some of the Israeli inventions and innovations are being patented in other countries, extraordinary ideas are often born in Israel, especially in the area of cyber security and mobile technology.
There is a difference between developing an innovative idea and capitalizing/ marketing it. Many times the place where an idea is created is not the same as the place where it is ultimately monetized. Furthermore, oftentimes an idea also has to be further developed in other places, in order for it to prevail and be successful.
The 8th Annual AmCham Germany Business Day titled “Innovation
Triangle – USA-Israel-Germany” aims to show how the different (business) cultures in these three countries promote and enhance innovation. By using specific case studies and examples, company representatives from the US, Germany and Israel will explain their different approaches. They will also discuss how the countries’ cultures create fostering environments for innovation, new ideas and their development, as well as enables creative people to think laterally. In addition, they will explain the key factors for their company’s success in light of innovation.
Furthermore, we will analyze the strengths and weaknesses of the three countries with regards to the development of new ideas. In this context,
the Business Conference will not only deal with the question of how ideas are developed in these countries, but also how they are continuously implemented as business concepts, capitalized and marketed by companies later on. The investor structure, the opportunity to develop new technology companies and the overall strengths and weaknesses of the business climate in each country will be taken into consideration as well. This includes also the political and financial aspect. Finally, we will delve into the possibilities of whether and how a collaboration between these countries in regards to innovation could be possible.

Trade Secret Protection

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. This new law creates the first private cause of action for civil trade secret misappropriation that can be brought in Federal Courts and with international implications.

The DTSA expands trade secret protection for employers that previously could enforce their trade secret rights only through state law claims, but imposes certain requirements on employers to take full advantage of its provisions. Additionally, the DTSA establishes a three-year statute of limitations and provides several remedies for successful plaintiffs, including injunctive relief, compensatory damages, exemplary damages up to two times the amount of the compensatory damages for willful and malicious misappropriation, and attorneys' fees.

While fundamentally modeled on the Uniform Trade Secrets Act (UTSA), which has been adopted by 48 states, the DTSA is distinct from the UTSA in a number of ways.

The DTSA applies only to products or services in interstate or foreign commerce.

While the UTSA prohibits any person from misappropriating the trade secrets of another, the DTSA limits actions to "owners" of misappropriated trade secrets related to products or services used in, or intended for us in, interstate or foreign commerce. The statute does not define "owner," which is likely to create a standing issue at the time litigation arises. Standing issues may also arise where questions exist about whether the property moved through interstate commerce. 

The DTSA does not require prediscovery trade secret identification. Prior to the enactment of the DTSA, many federal courts hearing state law trade secret claims would require a plaintiff to furnish a trade secret disclosure prior to conducting trade secret discovery - a requirement that generally favored defending litigants. The DTSA does not have this requirement.

Are your online contracts valid?

"Sign-in wrap," "click-wrap," "click-through," or "browsewrap": Which type of agreement do you use for implementing your general terms and conditions into your online contracts? Or is it rather a "modified clickwrap" agreement? The nature of your online agreement determines the requirements for the validity of your general terms and conditions. You might want to choose wisely!

An arbitration clause is a common provision found in general terms and conditions. In general, arbitration was conceived as an informal, expedited process for resolving routine disputes between businesses. In a recent consumer class action case brought against Uber, the Massachusetts U.S. District Court held that the binding arbitration clause in Uber's Terms and Conditions was enforceable in an upset to driver efforts to secure the benefits and protections of employees in California.

In general, there are two main types of online agreements: "clickwrap" agreements and "browsewrap" agreements. The other types mentioned above are variations or hybrids of these two types.

"Clickwrap" agreements are online contracts in which website users are required to click on an "I agree" box after being presented with a list of terms and conditions of use. The Court mentioned that "clickwraps" are more enforceable than "browsewraps" because they allow courts to infer that the user was at least on notice of the terms of the agreement, and has manifested consent by clicking a box.

"Browsewrap" agreements are where the user does not see the contract at all but in which the license terms provide that using a website constitutes agreement to a contract whether the user knows it or not, or where the link to a website's terms of use is buried at the bottom of the page or in an obscure part of the website where users are unlikely to see it.

Uber used a "sign-in-wrap" agreement, which is a hybrid of aforementioned agreement types. This type of agreement does not have an "I accept" button or box and the user is not required to view the terms and conditions to use the related web service. These agreements typically make terms and conditions available by link and provide them through some type of subscription (registering or signing into an account), the user agrees to those terms and conditions. This means that according to Massachusetts law, proof of actual notice of the terms of the agreement are not required as long as a user has reasonable notice (i.e. by creating an account).

Companies are responsible in limiting risk and keeping their businesses running smoothly. In order to limit liability with respect to business websites and mobile applications, it is imperative to have strong, enforceable terms of service. However, a company's terms and conditions are only a powerful tool if they are actually enforceable. For more information regarding general terms and conditions, please contact BridgehouseLaw LLP.

Planned Overtime Rule on ice

The new Department of Labor rule which would have granted overtime pay to certain salaried employees earning less than $47,500.00 USD has been blocked by a federal judge in Texas. The matter is under a temporary injunction, with nationwide effect. The new rule was supposed to take effect on December 1, 2016.

New USCIS filing fees

for visa applications and petitions! The USCIS is increasing its filing fees for most immigration applications and petitions by an average of 21%. This will be the first increase since November 2010. The new fees will be effective as of December 23, 2016. Please find an overview listing the new filing fees here.

USCIS revises Form I-9 employment authorization for new hires

As we are headed into a new year of business activities, please note that the United States Citizenship and Immigration Services have published a revised version of form I-9 on 11/14/2016. As of January 22, 2017, all employers must use the new form when onboarding new employees. The new Form I-9  is easier to complete online, contains helpful prompts, and includes additional space to make corrections.  Form I-9 must be completed by both employer and employee upon hire to verify identity and employment authorization.  It cannot be used to screen job applicants. Please find more information and the form to download here.

Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9. The team at BridgehouseLaw LLP is happy to assist you with an I-9 compliance review.