Entries tagged: technology

Navigating the Complex Web of Data Breach Notification Laws

By: Jack Harrington, Esq.

Posted: May 10th, 2018

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Facebook CEO Mark Zuckerberg testified before Congress in April about how a political consultancy had improperly accessed the personal data of nearly 90 million Facebook users.  The Congressional hearings prompted by Cambridge Analytica’s misappropriation of personal data was not the social media company’s first brush with the federal government regarding the protection of user data.  […]

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Hiding and Seeking Information During Litigation: Disclosure of Information Contained in Private Social Media Accounts

By: Richard DeMaio, Esq.

Posted: April 20th, 2018

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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? The cute game transforms into a cutthroat endeavor to seek any information to sabotage the opposition’s case. Given the prevalence of social media (even Grandma has a Facebook account nowadays), the first point of attack […]

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ADA Accessibility for Websites

By: Christine Malafi, Esq.

Posted: January 22nd, 2018

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The Internet has become a necessity for the marketing and promotion of businesses, services, and merchandise. An evolving legal issue is website accessibility to those with disabilities and the applicability of Title III of the Americans with Disabilities Act (“ADA”). Accessibility of public websites and compliance with the ADA in connection with public websites may […]

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Exploring Cybersecurity in Healthcare

By: William McDonald, Esq.

Posted: September 26th, 2017

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Are you tired of seeing the word “cyber” inserted in front of everything?  I know I am.  Cybersecurity in healthcare requires security implementation to the modern methods in which we communicate (email and texts), store information (databases and computers), and diagnose and treat disease (medical devices, wearable technology).  The computing power each person now has […]

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Preserving Attorney-Client Privilege When Responding to a Cybersecurity Breach

By: Jack Harrington, Esq.

Posted: May 25th, 2017

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You are the CEO of a small or medium-sized company and someone from your IT team runs to your office, pale-faced, to tell you that the company’s network has been hacked.  They don’t know how the penetration occurred, when, or whether any data or confidential material has been stolen.  Who do you call first?  Your […]

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Next Slide, Please: The Use of PowerPoints at Trial

By: Patrick McCormick, Esq.

Posted: April 26th, 2017

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    PowerPoint presentations have become a staple of law school classes, business presentations, and educational seminars – so it’s no surprise that they have also made their way into the courtroom.  But at what point does a PowerPoint cross the line from helpful to harmful?  The Court of Appeals recently addressed this question in […]

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Important New DMCA Safe Harbor Requirements for Web Operators

By: Eryn Truong, Esq.

Posted: November 28th, 2016

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If you or your company has a website or app that hosts material submitted by users or that provides links to materials to other websites, take note: the U.S. Copyright Office has a new electronic filing system for registering websites, apps and other online platforms for “safe harbor” protection from copyright infringement liability under the […]

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The GAO Finds That the EPA Violated Propaganda and Lobbying Provisions Through Its Use of Social Media

By: Jack Harrington, Esq.

Posted: September 21st, 2016

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    Social media’s ubiquitous presence in the lives of many Americans has transformed the way government communicates and interacts with the citizenry.  Nearly every politician, from the President of the United States to mayors of America’s smallest towns, has a Twitter account.  Governments increasingly rely on social media to engage the public, providing information […]

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Does the Term “Work-for-Hire” Really Mean Anything in Software Development Contracts?

By: Eryn Truong, Esq.

Posted: March 21st, 2016

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The term “work-for-hire” is found in many software development contracts, but it is one of most misused phrases.  Typically, companies needing certain software developed will enter into a written contract with an independent contractor and insert the magical phrase “work-for-hire,” thinking it will automatically assign ownership of the intellectual property to the company.  However, works […]

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Takedown Notices under the DMCA

By: Eryn Truong, Esq.

Posted: November 20th, 2015

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A “Takedown Notice” under the Digital Millennium Copyright Act (“DMCA”) exempts certain online service providers (“OSPs”) from liability for copyright infringing acts by its users, provided they meet certain conditions. The definition of an OSP for purposes of the DMCA is quite broad: “a provider of online services or network access, or the operator of […]

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