Entries tagged: technology

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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Trademark Registrations may now be Broadened to Account for Evolving Technology

By: Eryn Truong, Esq.

Posted: September 25th, 2015

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The United States Patent and Trademark Office (USPTO) has launched a pilot program to allow amendments to goods/services in trademark registrations that would otherwise be beyond the scope of current specifications. Typically, once a trademark has been registered for particular goods/services, it is not possible to later amend those goods/services beyond the current identification.  However, […]

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Shifting Credit Card Transaction Liability – The Potential Impact on Your Business

By: Vincent Costa, Esq.

Posted: August 26th, 2015

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Beginning October 1, 2015, a shift in credit card security and in-store fraud liability could place unwary merchants and business owners at risk. EMV, which stands for Europay, MasterCard, and Visa, is a relatively new form of credit card (in the United States) that utilizes computer chip technology intended to help prevent transactional data breaches […]

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Liability for Linking to Copyrighted Material

By: Eryn Truong, Esq.

Posted: August 26th, 2015

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These days, it is quite easy to provide links to other website’s content from your own.  Generally, linking to another website does not infringe the copyrights of the site.  However, different kinds of linking can give raise to different issues and may expose you to liability for copyright infringement. Deep Link:  A deep link is […]

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Cyber Liability Insurance: What it Protects Against

By: Christine Malafi, Esq.

Posted: March 18th, 2015

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Cyber liability insurance is a risk management tool and a form of protection that a business can purchase to limit economic losses from damages and for liability from a potential hacking.  Most industries in today’s world conduct a lot of business through computers and the internet.  While modern technology helps to promote efficiency and organization […]

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