CHAPTER 19 QUESTIONS

1. How do the Federal Rules of Civil Procedure address interoffice e-mail and other electronic data during the discovery process of a lawsuit?
2. What is a "litigation hold" procedure?
3. What might one infer from spoilation?
4. What is the purpose of a clawback agreement?
5. What is the "Quiet Period" and why might a public company treat its Web site differently during the Quiet Period?
6. Explain what a "pump and dump" scheme is.
7. What are "blue sky" laws?
8. May a public company condition use of its Web site on a waiver by the user of the federal securities laws?
9. What is "crowdfunding" and how does it apply to securities sales?
10. Under FINRA rules, under what circumstance would a blog no longer be considered a static advertisement?
11. Is a cybergriper more likely to prevail if his site is a commercial site or a noncommercial site?
12. In a typical gripe site lawsuit, what might the plaintiff claim as a cause of action?
13. In a typical gripe site lawsuit, what might the defendant raise as a defense?
14. What is a SLAPP? Explain its purpose and its effect.
15. List the five elements of tortious interference with a business relationship.
16. What effect does the Commerce Clause of the U.S. Constitution have on e-commerce?
17. What is an e-commerce "affiliate"?
18. Employee blogging raises two issues that must be balanced -- what are they?
19. What might prevent an employee from being "dooced"?
20. Would the National Labor Relations Act protect an employee blogger from a defamation claim by her employer?

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