Legal Bytes – A New Beginning

A long time ago in a galaxy far, far away……  oops, wrong beginning.

Welcome to the new Legal Bytes blog.  As many of you know, my Legal Bytes blog has been dormant after my recent transition to Rimon, P.C..  Getting set up, ensuring smooth transitions for clients, enhancing the look and feel of the blog has taken a longer than I hoped, but hopefully the bugs are out of the system and it’s now up to me to try my best to make the new Legal Bytes blog worth the wait.  For newcomers, buckle your seatbelts – this isn’t your ordinary legal blog!

What happened? Why does it matter? How does or could it affect you?  Inquiring minds always want to know and in the process of trying to answer those questions for you, I will always try to illuminate and perhaps also entertain you.   In the coming months I’ll entice you into regular readership, enlighten you with timely content, addict you with my trivia contests, entice you to keep in touch and most of all, try to help you better understand how developments in the law and regulation may affect you.

I intend to continue Light Bytes, with interesting quotes and sayings that pique my interest and hopefully yours.  Of course, there was never a question about my trivia contests. After all, who else but a lawyer could call it “Useless But Compelling Facts”?  We have once again made arrangements with the International Law Office (ILO) based in London. I am privileged to have been re-appointed as Editor and exclusive content coordinator for their U.S. Media, Marketing, Sports & Entertainment Newsletter.  Although there will be content you will see exclusively in the ILO newsletter, you may also see many of our Legal Bytes articles re-purposed and ‘internationalized’ in collaboration with much appreciated work of the ILO editorial staff.  I am again excited to be working with such a valued organization and truly great people – shout out to Carolyn Boyle, my Editorial contact.

Want to know what’s on my radar for the year ahead – I won’t spoil all the surprises, drone on about drones, nor will I keep my head in the clouds or the crowds.  I am fascinated by the legal implications of the Internet with Things (yes, I replaced ‘Of’ with “With”).  I’m also concerned about cybersecurity and data protection.   I am intrigued by the growing robustness of augmented reality, which means I don’t have to walk around with those funny goggles or a digital scuba mask to experience the virtual world.  Mobile technology is transforming our world – making digital content, e-commerce and communication available to billions of people that had previously never seen a television, had a bank account or used a telephone.  I would be remiss not to mention social media – maturing and increasingly commercialized – further blurring the distinctions between information, entertainment and advertising; between me as an individual and an employee; between me at play and at work; and between my trademarks and my reputation; and between my insatiable desire to tell the world and my seemingly paradoxical concern over my privacy!

It is a brave new world – so much to know and so much to keep up with.

So stay tuned, and as always, thank you for reading.

mHealth – Mobile Health Care

Last year, I was invited to participate in and present a paper at the “mHealth and the Law Workshop” in Washington, D.C. [See mHealth – The Future of Mobile Health Care].

Then last month, I was invited to participate in a panel at the Mobile FirstLook 2015 Conference in New York, and as a result of my participation, the editors of Mobile Marketer asked if they could republish (with attribution of course), the paper.

In case you missed it, you can view “Exploring legal challenges to fulfilling the potential of mHealth” online, or you can download the original from the Legal Bytes posting above.

As always, if you have questions, or need advice or guidance, just contact me, Joe Rosenbaum, or the lawyer with whom you regularly work at Rimon.

Looking Forward to 2015

As we say goodbye to 2014 . . .

For those of you who are loyal readers and followers of Legal Bytes, you know this is the time of year when I break tradition and write a non-legal, personal and philosophical Legal Bytes post. If ancient Babylonians, who celebrated the New Year upon seeing the first new moon after the vernal equinox, could start a tradition that lasted for about 4,000 years – the least I can do is try to keep up. Although my tradition doesn’t date back nearly that far, this post will contain no links to distract you (until the very end when hopefully it won’t be a distraction). Nor will there be any citations to legal doctrine, references or background information. I won’t try to dazzle you with facts or intrigue you with today’s news. This is my opportunity to philosophize and dispense my thoughts and opinions – with absolutely no credentials, qualifications or expertise to do so.

There are two traditions I wish to continue, although I did not originate either one. First, let me take this the opportunity to wish each of you, your families, friends, loved ones and, yes, even an enemy or two, a beautiful and joyous holiday season and a healthy, happy new year, filled with wonder and magic, health and joy, challenge and opportunity, and prosperity and success. Second, as many of you know, for numerous years I have avoided sending out mass mailings of cards and gifts. Not only are they too lost in the seasonal flurry or delayed by the strain on delivery services, but the truth is that most of us don’t really need or want the trinkets that never express the real sense of appreciation or gratitude we might feel for friends and colleagues, families and loved ones, wherever they may be. We might deceive ourselves into believing it “personalizes” the warmth of the season, but after a few weeks they ultimately go into a drawer or the trash bin, or they are relegated to a closet filled with decades of Lucite, or sometimes they are re-gifted. In reality, there is nothing really personal about that process.

As many of you may already know, my second tradition is one I’ve borrowed from an old friend years ago, and which was originally intended to replace the mass cards, emails and impersonal trinkets with a more meaningful gift. Each year, I make a contribution to a charitable organization for all the family members, friends, loved ones, colleagues and acquaintances I want to honor, in memory of those I have lost this past year, and in recognition of those who have given me a reason to celebrate – in all, far too many to list and certainly all more deserving of something better than a card or bottle of wine. In that spirit, as I have done for a number of years, I have made a donation to the St. Jude Children’s Research Hospital – my way of trying to help some children in need who might benefit from the kindness of a stranger. Sometimes, random acts of generosity and kindness can bring surprising results – whether a smile, an unexpected warmth of spirit, or simply knowing it’s not all that difficult to do something to help make the world a better place – even just a little. Try it sometime.

Continue reading “Looking Forward to 2015”

Thank You for 2014 – Best Wishes for 2015

This is the time of year when many of you are celebrating holidays; spending time with family, friends and loved ones; bidding farewell to 2014; and looking forward to the New Year – 2015. A time when many of us pause to reflect on the past year and wonder what the new year will bring. There are people who have touched us and some with whom we’ve gotten closer; some we have missed and many with whom we resolve to try and be better in the new year; and perhaps a few we might like to forget. We remember those who are no longer with us and appreciate that by remembering them, we keep their spirit – all we have learned from them and all they have meant to us – alive. As 2014 comes to an end, we reflect on friendships and experiences, and use the opportunity to thank those who have helped us in tough times, and those with whom we cherish sharing the good times.

For me, it’s a time to resolve to keep doing the good things I’ve done this past year and to be better about trying to do those things I should have done. This time of year gives me an excuse to say thank you and express appreciation to all those who have enriched my life. If you are reading this, you are part of my audience – part of the fabric of my professional life and, like the threads of that fabric, you have helped me weave the patterns and textures you read in these digital pages. I am grateful for your readership and, in some cases, your friendship. I am always appreciative when you take a moment to read and maybe gain some insight, while being a little entertained.

Thank You

Continue reading “Thank You for 2014 – Best Wishes for 2015”

mHealth – The Future of Mobile Health Care

Last month, I had the privilege of being invited to attend and make a presentation at an mHealth and the Law Workshop in Washington, D.C., convened by the American Association for the Advancement of Science, and supported by a grant from the Robert Wood Johnson Foundation. As part my presentation (October 7), I was asked to prepare a brief corresponding paper prognosticating the future of mobile medicine and health care. With permission of the AAAS, I am happy to share that paper with readers of Legal Bytes, and you can read the paper or download a copy for your personal use, right here: mHealth: Looking Forward [PDF].

As always, if you have questions, or need advice or guidance, just contact me, Joe Rosenbaum, or the lawyer with whom you regularly work at Rimon.

What One Lawyer Has Learned About Social Media (But There Are Still 5 Days Left)

Last week I received a novel invitation – call it a ‘dare’ from a long-time colleague and friend in a faraway land. He and I have never actually met, but we have interacted so often professionally and we keep trying to figure out how and when we can end up at the same conference, perhaps even sharing a speaking opportunity or panel so we can finally say ‘Hello’ in person – even split a bottle of wine. The invitation was a novel twist on attracting speakers to a professional conference – specifically the 2014 Webit Global Conference to be held in Istanbul.

Although the agenda was pretty full already, the organizers decided to create some ‘buzz’ by allowing people to vote for a few speaking slots as “Audience Choice” selections. Imagine that, a professional conference with a ‘power to the people’ format. While obviously hoping to increase attendance and excitement for the conference, the balloting is online and you don’t have to be registered to vote.

Now I’m wise enough, with enough experience, to appreciate that a practicing lawyer will NEVER win a popularity contest. I mean seriously – who normally says “I love my lawyer and really want to hear him talk!” I believe this to be true, even if we aren’t charging by the hour!

But I do love a good challenge and I thought it would be a good opportunity to conduct an informal, completely unofficial and invalid experiment. So I sent requests to people I’m connected to on LinkedIn, tweeted on Twitter and provided a link, with ‘Please vote for my presentation’ on my email signature block. Here is what I know and what I learned so far:

1. On this Legal Bytes blog, there have been more than 120,000 visitors, with 76,000 of them unique. So far just this month, there have been more than 2,500 visits. My own contacts – friends, family, professional colleagues, adversaries and people I have met over the years – number well over 6,000. As of this morning, I had 3,677 direct connections on LinkedIn. That means, according to the platform, there are 18,240,386 professionals in my network. That’s more than 18 million people! Eat your heart out Ellen and Ashton! Who’s ‘trending’ now?

2. Although Legal Bytes gets posted on Facebook, I don’t use Facebook otherwise and I only have a little over 480 ‘followers’ on Twitter (most of whom I don’t know), but that may simply be because my tweets, like my Facebook posts, are simply feeds from my blog. Perhaps those other 76,000 people are getting their information here and don’t need to duplicate it on Facebook or Twitter. Further study may be required (not really).

3. If you don’t have a Facebook profile, the organizers won’t let you vote – an interesting condition for a professional conference. Not sure why they didn’t pick a different platform or not require any pre-condition of membership in a network.

4. The organizers apparently won’t let you vote even if you are registered with Facebook, if you don’t have enough ‘friends’ on your profile (a few of my lawyer friends tried to vote and they are just as unpopular as I am). I’m guessing the conference organizers only want people who can spread the word to lots of others.

5. As of this morning I had 92 (yes, 92) votes.  Although I can’t really tell how many total potential speakers entered the contest, I am number 234 and some people have almost 1,000 votes already.

So far, my little experiment has led me to the following observations:

(a) My connections don’t vote, don’t want to vote or are out of the office and will get back to me as soon as they return;
(b) My connections really don’t like lawyers;
(c) My connections either don’t like this lawyer; prefer not to vote for this lawyer; prefer not to vote at all; didn’t qualify to vote (I may ask for a recount); or didn’t like the description.
(d) My thousands, hundreds of thousands and even millions of linked and networked connections don’t mean that much – it’s the people who know me that really count.


Perhaps there are or will be other lessons. After all, there are still 5 days left and if I ultimately end up with more than 18 million votes, I will be forced to admit I was totally wrong about the real power of social networks.

Bot Fraud – Brand New Ways to Protect Your Brand

Next Tuesday, May 13, 2014 at 1 p.m. EDT, the Association of National Advertisers (ANA) will be providing a complimentary webinar entitled:

Bot Fraud: How to Protect Your Company and Brand

Bots—computer-generated, phony website visitors designed to mimic real traffic and trick advertisers into paying for non-human traffic—are a serious problem for digital marketers, causing damage in terms of CPM, revenue, and reputation. As this problem grows more prolific (and the bot technology more sophisticated), it’s imperative for advertisers and marketers to learn how to protect their companies and their brands.

To register and learn more, visit the ANA’s website.

Date and Time: Tuesday, May 13, 2014, 1 p.m. EDT

Bot Fraud: How to Protect Your Company and Your Brand is part of a series of complimentary webinars from the ANA Government Relations group focused on legal and regulatory issues currently affecting the marketing community.

Social & Mobile & Clouds, Oh My!

Joe Rosenbaum recently authored an article that has been published in the Small Business Journal highlighting some of the key issues that have arisen for small to medium-size businesses as a result of the emergence and convergence of these rapidly evolving technological platforms. Joe’s article, “Social & Mobile & Clouds, Oh My!” appears in the March 2014 issue of the Small Business Journal, and you can read “Social & Mobile & Clouds, Oh My!” [PDF] here as well.

If you require legal guidance, support or representation on the issues highlighted in the article, or on any other matters, you can contact Joe directly at joseph.rosenbaum@rimonlaw.com; or you should get in touch with the Rimon attorney with whom you regularly work. We are happy to help.

Looking Forward to 2014

As we say goodbye to 2013 . . . .

For those of you who are loyal readers and followers of Legal Bytes, you know this is the time of year when I break tradition and write a non-legal, more personal and philosophical post for Legal Bytes. I am figuring that if the ancient Babylonians, who celebrated the New Year upon seeing the first new moon after the vernal equinox, could start a tradition that lasted for about 4,000 years – the least I could do was to try to keep up. Although my tradition doesn’t date back nearly that far, this posting will contain no hypertext links to distract you; it will not have citations to provide you with reference or background information; nor will it dazzle you with factoids or intrigue you with today’s news – legal or otherwise. This is my one chance each year to philosophize and dispense my thoughts and opinions – with absolutely no credentials, qualifications or expertise to do so.

There are, however, two traditions I will continue to perpetuate even though I did not originate either one. First, let me take this the opportunity to wish each of you, your families, friends, loved ones and yes, even an enemy or two, an enchanting and joyous holiday season and a healthy, happy new year, filled with enchantment and magic, health and joy, and prosperity and success. Second, as many of you know, for numerous years I have avoided a tradition of sending out mass mailings of cards and gifts – which are often lost in the flurry of the season, and delayed by the strain on the mail and package delivery services; and while we delude ourselves into believing it "personalizes" the warmth of the season – whether displayed for a few weeks and then put in a drawer, tossed in the trash bin immediately, or relegated to a closet filled with decades of Lucite, there was nothing really personal about that process. So as many of you may already know, I decided years ago to borrow a tradition an old friend told me about and I started making a contribution to a charitable organization for all the family, friends, loved ones, colleagues and acquaintances I want to honor, in memory of those we have lost this past year, near and far, and in recognition of those who have given me a reason to celebrate – clearly far too many to list. In that spirit, as I have done for a number of years, I have made a donation to the St. Jude Children’s Research Hospital. My way – perhaps naively – of trying to help some children in need, benefit from the kindness of a stranger.

So now, won’t you please pull up a chair, put your other distractions away for just a moment, pour a glass of your favorite beverage, sit back and enjoy . . . and as always, thank you.

When I thought about this year’s "philosophical" posting, my first inclination was to offer my humble opinions about the woeful state of intellectual property law and the challenges faced with the onslaught of digital technology. I thought about data breaches and wondered if what people really care about is privacy or data protection, or rather the inability to control information about us so that we can actually get a benefit from sharing information about ourselves. After all, I don’t really care if anyone knows I like popcorn, but at least give me a discount coupon for sharing that information with someone I don’t know! So many legal challenges – but then I thought, wait, this isn’t supposed to be a "legal" posting . . .

So I remembered just recently someone told me that everyone should listen to the Michael Jackson song "Man in the Mirror" at least once every month. I thought about what that meant – really listen to the words. Coincidentally, I keep hearing the John Lennon song "Imagine" playing at surprisingly frequent intervals this time of year. It occurred to me the entire season has a genre of music dedicated to the holiday spirit and the new year. Since I promised no hypertext links, I will resist – but did you ever wonder about the universal power of music that transcends culture, ethnic background, race, religion and all the things we believe separate and segregate us. Why is it that music can have such a powerful and magical effect on us – no matter what age or part of the world we are from.

Although no one asserts that music arose or was derived from the study of mathematics, mathematics is ultimately the basis of sound, being rooted in the frequency of vibration that is audible to the human auditory senses. Tone and pitch all can be expressed as mathematical frequencies. This is hardly new – ancient Chinese and Egyptians studied the mathematical properties of sound, and one of the earliest Greek mathematicians and philosophers, Pythagoras, actually correlated the length of the string to the vibrational frequency, and even expressed musical scales in terms of numerical ratios. In Plato’s time, one of the key branches of physics was "harmony," and early studies in India and China sought to show that mathematical laws of harmonics and rhythms were fundamental to our understanding of the world, as well as to our well-being. This time of the year, my interest in music is not in its mathematical properties, but rather in its ability to bring harmony to the world – one musical composition at a time.

Every culture on the planet has folk songs, musical instruments and rhythms, whether or not they include song or dance. Indeed, we launch music into space with explanatory mathematical symbols and algorithms in the belief that if there is life out there, they will view us as friendly and harmonious because of our music, rather than because of our unmanned space craft smashing into their planet!

Consider how important music is in almost every aspect of our lives. Although there are obvious examples of music put to nefarious uses – remember the 1971 Stanley Kubrick film, "A Clockwork Orange" – in most cases, music sets the mood, captivates us, and engages us in ways both explicit and implicit. If memory serves, the only television programming since the beginning of time that doesn’t have a theme song is the news program "60 Minutes" – announced only with a ticking clock (unless you consider that music). When the theme song to our favorite program announces the beginning of the program, everyone comes running to the screen (for years I thought the words "Hi Ho Silver" were actually part of the "William Tell Overture"). Who does not remember a wide variety of jingles and catchy tunes advertising products in advertisements of all kinds – from being stuck on Band Aids, to "loving it" at McDonald’s (which replaced "you deserve a break today").

Certainly in motion pictures, music has introduced us to aliens ("Close Encounters of the Third Kind"), has been the background for our investigation of the cycle of life and birth and the mysteries of the universe (witness Strauss and Wagner in "2001: A Space Odyssey"). Who doesn’t remember the stirring music from "The Magnificent Seven" or instantly recognize the introduction to every James Bond movie. Think about all the different types of music from around the world. Type "musical genres" into Wikipedia and you will get a listing of literally hundreds of types and styles of music. Every major (and some minor) city, town and village has a musical group – marching bands, barbershop quartets, street minstrels, symphony orchestras, rock groups and school recitals. Ever wonder why?

I’m happy to send you the link (not here) but one day, take a look at the clip on YouTube of a homeless young man making the audience (and the judges) cry on "Korea’s Got Talent," or 6-year-old Connie singing "Somewhere Over the Rainbow" on "Britain’s Got Talent," and making even Simon Cowell melt. Take a peek at the clip from the Andre Rieu concert at Parkstad Stadium in the Netherlands as he introduces 3-year-old violinist Akim, or a YouTube video of Ryan, only 11 years old, playing Chopin like a master.

These are obvious musical "tear jerkers" – sympathetic or extraordinarily young people with amazing talent. But my belief is that music and its universal appeal are deeply rooted in our human DNA and that music – a universal language that has transcended and often defied borders for centuries – has the unique ability to cross artificial boundaries and barriers that far too often seem to separate us and perhaps, bring us together. We humans, all of us, love music. I have no scientific evidence, but music is important. The power of music is too ubiquitous, has been around far too long and is simply too amazing to ignore. We associate life events with music that was playing at the moment. We love concerts, and while musical groups and styles may wax and wane, the one constant is that music in one form or another continues to fill stadia, concert halls and our lives. Music can make us calm or can call us to action; it can stir us and make us smile or melancholy. Its rich contours and seemingly endless complexity can make us feel happy when we are blue, and smile, even when we are walking in the rain.

In recent days, smart mobs around the world (sometimes referred to as "flash mobs" when they gather for seemingly random and pointless activities, only to disperse as quickly as they appear), have grown increasingly popular as expressive outlets for music of all kinds – from symphonic pieces to hip hop and recreation of theatrical production numbers. While the first modern-day, non-musical "flash mob" was the invention of Bill Wasik, a senior editor at Harper’s Magazine who, in June 2003, surreptitiously arranged for more than 100 people to gather on the 9th floor of Macy’s surrounding an expensive rug – everyone was told to tell the advances sales help that they were a group shopping for a "love rug," that they made purchases as a group and that they all lived together in a warehouse just outside New York City. Imitators soon popped up, but the most recent trend has been around music – sometimes accompanied by dance, marriage proposals, reunions and celebrations – but always celebrations of life.

I admit to being mesmerized by the coordination and harmonious talent of these seemingly unconnected people, even though I realize someone has coordinated (and often rehearsed) the effort. While I am happy to send you links (not here) if you don’t believe it, I have vicariously collected musical memories of a crowd in a food court singing Handel’s "Hallelujah Chorus," to a crowd singing Michael Jackson songs in Bucharest, Romania; from a flash mob in Central Station, Sydney, performing Riverdance on St. Patrick’s Day, to the a flash mob in Springfield, Illinois, performing Les Misérables; from a Bollywood performance on the streets of São Paulo, Brazil, to a Greek festival flash mob in Ottawa, Canada; and yes, a medley of ABBA songs from "Mama Mia" performed on an Israeli beach, to Norwegian Soldiers dancing to Michael Jackson’s "Thriller."

I want to take this opportunity to wish family and friends, colleagues and acquaintances, clients and adversaries, those who know me far too well and even those who don’t have a clue how they got on this email list, health, peace, comfort and joy this holiday season and in the year ahead. May those who love you come closer and those who dislike you forget why. Most of all, I wish all of you the extraordinary feelings of joy and harmony that come with music, whether sitting alone with your headphones or next to someone on a park bench, perhaps through music we can change the world . . . one noisy note at a time.

So as 2013 comes to an end, I will break my own rule and share a link in this column – or perhaps not a link, but a gift. The gift of music. I leave you with the "Ode to Joy" from Beethoven’s 9th Symphony. Instantly recognizable, incorporating the words of the poet Friedrich Schiller: Alle Menschen werden Brüder, Wo dein sanfter Flügel weilt (All men shall become brothers, wherever your gentle wings hover). Take five minutes out of your busy day because, just as the lyrics of "Man in the Mirror" suggest, "no message could have been any clearer. If you want to make the world a better place, take a look at yourself and then make that Change!"

Warm regards for the holidays and best wishes for the new year. Sincerely – Joe Rosenbaum
 

//www.youtube.com/embed/GBaHPND2QJg

Thank You For 2013 – Best Wishes for 2014

At this time of year, many of us are celebrating holidays and spending time with family, friends and loved ones. Getting ready to bid farewell to 2013 and looking forward to the coming of 2014 – a new year. Some of us even hope we can keep those new year resolutions that might last longer than a week or two.

Although we shouldn’t take it for granted at any time of year, this is one of those seasons we seem to use to pause and reflect on where we have been and where we are going. We think of those who have touched us; those we missed and some we would prefer to forget. We remember those no longer with us and marvel at the miracle of each life born into the world this year. We reflect on friendships through which we have grown, and appreciate those who have helped us on our journey through 2013. This time of year also gives me an excuse to say thank you and to express appreciation to those who have enriched my life. If you are reading this, you are part of my audience – part of the fabric of my professional life; and like the threads of that fabric, I am grateful for your readership and, in some cases, your friendship. I am always appreciative when you take a moment to read, hopefully gain some insight, and perhaps be a little entertained.

I especially want to thank the people at Rimon who support my efforts – people like Erin Bailey, Lois Thomson and Rebecca Blaw who make this blog happen. You don’t see them; but I do. They help make Legal Bytes come alive. They are amazing professionals and awesome people. Thank you so much. You make it look easy and I could not do this without you!

I would also like to thank Carolyn Boyle at the International Law Office (ILO) – the force behind motivating me to push content into the U.S. Media and Entertainment Newsletter; and while I can take credit for the substance and for nagging my colleagues to contribute, without her, thousands of readers who enjoy the links and insights would be waiting far too long for Legal Bytes content. Thank you.

So as 2013 comes to a close, please accept my appreciation and gratitude to each of you – staff, support, contributors and, most of all, the readers of Legal Bytes. My best wishes to each of you, your families, friends and loved ones, for a wonderful holiday season and a terrific new year, filled with health, happiness and success.