Mondaq USA: Information Technology and Telecoms
Washington has recently ratcheted up its interest in issues of privacy, cybersecurity, and data security.
On Dec. 6, 2011, the European Commission (EC) started a consultation on the application of the EU competition law rules to "technology transfer agreements" (TTAs). TTA is the EC’s term for patent, know-how and software copyright licensing agreements, as well as similar agreements.
Moving applications and other IT infrastructure components into "the cloud" is now a standard approach to the management of information technology (IT) resources.
It’s been a contentious meeting in Dubai at the World Conference on International Telecommunications.
Six months after the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Rosetta Stone’s trademark infringement lawsuit against Google, the parties issued a joint statement today announcing that they have settled their legal dispute.
CNN reports that the Cybersecurity Act of 2012 (SB 3414) has failed to pass the US Senate. A cloture vote failed by a vote of 42-46, mostly along party lines.
The DAA has worked with a broad set of stakeholders with significant input from businesses, consumers, and policy makers to develop a program governing the responsible collection and use of web viewing data.
On May 16, Deputy Undersecretary for Cybersecurity, Mark Weatherford, spoke to the Advanced Cyber Security Center about DHS's cyber security priorities: Information Sharing, R&D, and the Advanced Persistent Threat.
The Supreme Court in New York County recently dismissed a $20 million suit in a sanctioning order in response to the Plaintiff’s destruction of electronically stored information ("ESI").
What is "the Cloud"? That depends on whom you ask. Answers currently run from Apple and its competitors offering storage and music and file synchronization to customers who are individuals, to very large vendors at a global scale servicing very large enterprises as customers.
As with any type of business transaction, there are many considerations that must be taken into account when approaching the negotiation of a software license agreement.
Interesting article in Forbes, "The Zero-Day Salesmen," about "government agencies who purchase such "zero-day" exploits, or hacking techniques that use undisclosed flaws in software, with the ­explicit ­intention of invading or disrupting the computers and phones of crime suspects and intelligence targets."
A monthly round-up of space industry developments for the information of our clients and friends.
Beyond highlighting the evolving standards and complexities of establishing a comprehensive e-discovery plan at the early stages of a case, recent decisions in Da Silva Moore v. Publicis Groupe (S.D.N.Y.), which approved a defendant’s use of predictive coding, could potentially have a Zubulake-type effect of establishing new technology-driven norms for large-scale document reviews in the future.
The district court had previously stricken certain parts of Oracle's damage expert report on two separate occasions.
Last year we published our first Seed Financing Survey in recognition of the growing importance of seed financing to entrepreneurs and the venture capital environment.
The California appellate court’s decision in "Balsam v. Trancos" requires marketers nationwide using commercial email advertisements to include in the from line of each email a domain name that is registered to the sender which can be determined by performing a WHOIS look-up, or the name of the sender or marketer on whose behalf the email was sent.
Cloud computing is the storage of data on remote computer servers and the sharing and transmittal of such information by way of the internet.
A case does not have to involve complex commercial litigation or technical patent disputes to create serious electronic discovery problems.
On January 25, 2012, the European Commission released its long-awaited proposal to reform its data protection rules, which have been in place since 1995.
This question was answered by Steven Dutton of the McLane Law Firm...
Six months after the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Rosetta Stone’s trademark infringement lawsuit against Google, the parties issued a joint statement today announcing that they have settled their legal dispute.
The Supreme Court in New York County recently dismissed a $20 million suit in a sanctioning order in response to the Plaintiff’s destruction of electronically stored information ("ESI").
European consumers have expressed concern that the USA Patriot Act (the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" or "Patriot Act") will afford the US government undue and unfettered access to their data if they choose to store it on the cloud servers of US providers (e.g., Microsoft or IBM).
Although estimates of economic value in sourcing agreements generally focus on the pricing schedule and the products or services to be delivered, sourcing agreements also provide value by securing commitments, obtaining options, aligning incentives and supporting a successful relationship.
Our economic activities, our social lives, and even our physical safety increasingly depend on computers and other devices linked together through the Internet. Protecting those systems and the information they contain has thus become a national imperative.
Interesting article in Forbes, "The Zero-Day Salesmen," about "government agencies who purchase such "zero-day" exploits, or hacking techniques that use undisclosed flaws in software, with the ­explicit ­intention of invading or disrupting the computers and phones of crime suspects and intelligence targets."
The California appellate court’s decision in "Balsam v. Trancos" requires marketers nationwide using commercial email advertisements to include in the from line of each email a domain name that is registered to the sender which can be determined by performing a WHOIS look-up, or the name of the sender or marketer on whose behalf the email was sent.
Last year we published our first Seed Financing Survey in recognition of the growing importance of seed financing to entrepreneurs and the venture capital environment.
As practitioners, we have seen increasing examples of the interface between sensitive technologies and the procurement of visas for foreign nationals seeking to work for companies engaged in such technologies.
Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled.
Sony recently received its third major attack by hackers. This attack was claimed by Lulz Security, which claimed to use a simple SQL injection.
Under the common interest doctrine, separately represented clients can sometimes avoid waiving the privilege when sharing privileged communications with others who have a common legal interest.
ICANN (Internet Corporation of Assigned Names and Numbers) recently approved the designation of three new generic Top Level Domain Names.
Employers victimized by disloyal employees who have misappropriated sensitive computer data have successfully sued under the civil remedy provision of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030.
A large company is involved in a commercial litigation dispute that requires the collection and production of electronically stored information (ESI) maintained by its offices in the United States, Europe and Asia.
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Data security breach notification has become a significant compliance risk for most businesses today.
We are pleased to share with you Littler's Report on the 2012 Littler Initiative entitled The "Bring Your Own Device" to Work Movement.
European consumers have expressed concern that the USA Patriot Act (the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" or "Patriot Act") will afford the US government undue and unfettered access to their data if they choose to store it on the cloud servers of US providers (e.g., Microsoft or IBM).
"Like" it, "poke" it, but don’t post your latest sweepstakes on Facebook without some serious thought. Your contest could be violating the site’s promotions rules.
This question was answered by Steven Dutton of the McLane Law Firm...
Unfortunately, the standard commercial property and general liability insurance policies do not cover electronic data, network and privacy risks and so, unless you have taken steps to specifically cover these "electronic" risks, your business may have to pay for these losses out of its own funds.
Identity theft occurs when unauthorized persons gain access to and use another person’s personal information such as his or her name, Social Security Number, credit card or bank account number, or other identifying information to commit fraud or other crimes.
The attorney-client privilege only protects communications primarily motivated by the client's need for legal advice. It should go without saying that simply "cc'ing" a lawyer on an email does not satisfy this demanding standard.
Computer encryption software is no longer for the technologically advanced.
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