Nine Steps to Integrating the Cloud into Your Business
Last December, I was interviewed by Finance and Commerce magazine for an article titled “Tech Toolkit: IT planning for the year ahead.” Part of the article included cloud computing and what companies...
View ArticleIndemnification for the Marketing Firm
Having worked with a number of marketing firms to negotiate a Master Services Agreement, indemnification is always a discussion point. Especially when dealing with big companies, the customer will...
View ArticleIntellectual Property Ownership for the Marketing Firm
The phrase “from scratch” has a different meaning depending upon who is saying it. When a client hears a marketing firm use these words, they are probably equating “from scratch” with “expensive.”...
View ArticleTo Agree or Not to Agree that is the Question
Masters Services Agreements contain many traps for the unwary. A common trap is the provision for attorneys’ fees. At first blush, a fee shifing provision is enticing. No one wants to have to pay...
View ArticleThe Necessary Terms for Co-Existence Agreements
Parties to a trademark dispute commonly resolve their issues through a co-existence agreement. A co-existence agreement sets up the fence posts around what the parties can do with their respective...
View ArticleThe Uneven Split
Believe it or not, such a phenomenon exists and can be a trap for the unwary. Collaboration is what brings about the best ideas. But who owns those ideas and how does a person gracefully discuss the...
View ArticleSwing and a Miss: Senator Klobuchar’s Foray into Cloud Computing
On September 19, 2012, Senator Klobuchar introduced a bill titled “Cloud Computing Act of 2012” (the “Act”) that would amend the Computer Fraud and Abuse Act (“CFAA”). Essentially, the intent of the...
View ArticleCharge it!
Retailers, vending machines, food trucks, parking garages, and taxi’s have one thing in common, they all accept credit cards. Credit cards are a great convenience for consumers, but can be a headache...
View ArticleFTC’s New Rules for Advertising Mobile Apps
The Federal Trade Commission has published guidelines for advertising mobile applications. In general, the guidelines incorporate the FTC’s policies on truthful advertising and data privacy. On the...
View ArticleBlinded by the Light: Privacy in 2013
More and more companies are experiencing the affects of a data security incident. Whether that incident involves an unauthorized disclosure of personal identifiable information or merely the collection...
View ArticleThe Data Breach Lawsuit Powder Keg
Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by...
View ArticleYou Owe Me One Hundred Million Dollars
The threat of monetary damages in trademark infringement cases is something that is often asserted, but not necessarily a well understood concept. Some trademark owners mistake their federal trademark...
View ArticleBudgeting for Litigation
Now, more than ever, businesses are confined by their budgets. Long gone are the days of the blank check for many business expenses, and that includes litigation. If businesses need to live by budgets,...
View ArticleThe World Through the Eyes of the Trademark Office
Recently, the Eighth Circuit reaffirmed that a District Court is not bound by the decisions made by the Trademark Office. This holding has often lead to comments about the wisdom of addressing...
View ArticlePrivacy Compliance = Transparency
Do you think that asking for a person’s zip code could ever result in a privacy violation? If your answer is no and you are collecting information from a resident of the District of Columbia, think...
View ArticlePrivacy and Mobile Applications
If you develop or have a mobile application and think the limited space of mobile devices gives you a pass on privacy disclosures, think again. The Federal Trade Commission – the nation’s Chief Privacy...
View ArticleIs it time to add cyber security insurance?
A recent study found that 31% of companies have cybersecurity insurance policies, while 39% planned to purchase a policy in the future. Ponemon Institute, a data privacy and cybersecurity research...
View ArticleWill the D.C. Circuit Deliver the Final Blow to Net Neutrality
In 2008, the FCC determined that Comcast wrongfully slowed down the BitTorrent website to keep other Web traffic flowing. In 2010, the D.C. Circuit ruled in Comcast’s favor and held that the FCC cannot...
View ArticleUpdated Data-Security Standards for Credit-Card Transactions
New security standards are scheduled to be released by the PCI Security Standards Council on November 7th. The updated standards are expected to require companies to protect credit-card terminals from...
View ArticleRestarting the Federal Data Privacy Law Engine
The recent data security breaches at Target, Neiman Marcus, and a few other retailers has been a catalyst to Congress restarting talks about a federal data privacy law. Currently, there are pending...
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