NEGOTIATING LICENSE & SERVICES AGREEMENTS:Part 2–Data Breach Liability

In our cloud-centered business environment (which will only become all the more so), there are usually at least two potentially responsible parties to a data breach: (1) the business that provides services or products to [...]

WHEN SHOULD YOU REGISTER A COPYRIGHT?

I am often asked about copyright registrations and when is it worthwhile to register a copyright.

NEGOTIATING LICENSE AND SERVICES AGREEMENTS: Part 1 – Limitation of Liability Clauses

In many license and services agreement negotiations the last clause to be finalized is the limitation of liability clause. There’s good reason for this because at the end of the day, after all the details regarding obligations [...]

HOW LINKEDIN CAN UNDERMINE YOUR EMPLOYEE NON-SOLICITATION RESTRICTIONS

Without careful drafting, non-solicitation restrictions in your employment agreements can be easily undermined by an ex-employee’s use of LinkedIn and other social networks, as the two recent cases below demonstrate.

CLEARING YOUR DIGITAL ADVERTISING TO AVOID LIABILITY

Earlier this year, the Federal Trade Commission (FTC) sent more than 90 letters to advertisers and influencers using Instagram reminding them of their obligations to disclose brand relationships in social media posts, in [...]

HOW NOT TO RUN A LEAD GENERATION BUSINESS: and avoid receiving a $104 million fine from the FTC

An examination of the steps leading up to the swift demise of one multi-million-dollar lead generation company exposes many lessons that should be quickly learned by others in this business.

THAT BABY WON’T BE DANCING AT THE SUPREME COURT – Due diligence obligations of copyright holders before sending a DMCA takedown notice

Lenz v. Universal Music Corp. represents 10 years of questionable effort on the part of the Electronic Frontier Foundation  (EFF) to curb an imagined potential for abuse by powerful copyright owners when sending takedown notices [...]

WITH ALL EYES ON COMEY, DOES IT MAKE YOU WONDER: “when is it legal to secretly record a conversation?”

With the plethora of portable digital recording devices – hey everyone’s got one in their pocket or on their hip – this is no longer an issue for some undercover law enforcement action. Think conversations at work, spousal [...]

DOES YOUR STARTUP HAVE ITS INTELLECTUAL PROPERTY HOUSE IN ORDER? Cutting corners early on can be costly down the line

When you are starting your new exciting business, you want to develop your great product and get out into the market as quickly as possible, all the while keeping costs down.

However, at the same time, you will likely be [...]

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