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Are eFax services taxable telecommunications services in Massachusetts?

While Massachusetts’ expansion of its sales tax to include computer-related services was repealed within three months of its enactment, the Massachusetts Department of Revenue continues to take a close look at sales treated...more

Uniform Law Commission Study Committee to Host a Stakeholder’s Meeting on April 23

In December 2014, the Study Committee of the Uniform Law Commission (ULC) recommended to the ULC to convene a Drafting Committee to draft uniform state legislation concerning alternative currencies and mobile payment systems....more

Beacons at Retail – So What?

Beacons have been around for years in online and mobile media channels, but they now seem poised to dramatically impact brick-and-mortar businesses. A growing list of major companies are currently vying to bring...more

$1.1 Million Judgment Offers Email Marketers Insight into Canada's Anti-Spam Law

Email marketers had mixed reactions to the Canadian Radio-television and Telecommunications Commission's (CRTC) recent announcement of a $1.1 million judgment against a Quebec company for violations of Canada's new Anti-Spam...more

Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal...more

Browsewrap Agreement Wraps up Copyright Infringement Case for Defendant

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership...more

NJ Connected Car law changes the landscape of IoT

The recent approval by New Jersey of a law on the ownership of data generated by connected cars might have an impact on the future of the Internet of Things (IoT) providing an interesting approach also for European privacy...more

Alert: How businesses can prepare for the Russian data protection law

In July 2014 President Putin approved Federal Law No. 242-FZ ("On Amendments to Certain Laws of the Russian Federation in Order to Clarify the Procedure for Personal Data Processing in Information and Telecommunications...more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

IT Services with Chinese Characteristics

The "Amazon of China" is following Amazon's playbook yet again with their investment in the cloud. Aliyun, Alibaba's technology arm, already operates five Chinese data centers supporting 1.4 million customers. They cite high...more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

The WTO Work Programme on Electronic Commerce

At the 9th Ministerial Conference of the WTO in December 2013, Ministers adopted a Decision that the Work Programme on Electronic Commerce should be “substantially invigorated.” The Work Programme merits attention in light of...more

International IT Companies Face Continuing Headwinds in China

Our September 16, 2014 client alert, “Brave New World? Recent Challenges Facing Foreign IT Companies in China,” discussed efforts by the Chinese government to enforce heightened network security standards, with a particular...more

Going Paperless: FDA Releases Draft Guidelines to Digitize Clinical Trials

The FDA released draft guidelines (“Guidelines”) on Monday, March 9, 2015 establishing recommendations on the use of e-media and processes to obtain informed consent for clinical investigations (trials) of medical products...more

EUROPE: New Provisions on Customer Protection in the Proposed EC Regulation

The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide...more

Snow Joke: The Weather Channel Zaps Trade Secrets Misappropriation Claims

We have written before about business collaborations gone sour that lead to trade secret misappropriation lawsuits.  In a recent example, The Weather Channel convinced a court to wash away claims that its use of data from a...more

Payphones: It’s a Whole New World

Someone must have once echoed those sentiments back in the 1890’s when payphones as we knew them were first introduced to the public. Now, as then, payphones were created as a convenience to be used in public places, mostly...more

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

Do You Really Know Your China Telemedicine Partners? China Anti-Corruption Effort Focuses on Major Medical Institutions

This post is the fourth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market....more

XL is Not Always the Right Fit: Sometimes the Right Contract Template is Not the Longest Contract Template

As a thin guy, I used to subscribe to the philosophy of wearing large clothes to look bigger than I was. What I actually looked like was a scrawny guy in ill-fitting clothes that were not overly comfortable....more

PCI Council: SSL Will No Longer Be Sufficient for E-Commerce

In the latest edition of the PCI Council’s Assessor Newsletter, the Council previewed a proposed change related to the use of Secure Socket Layer (SSL) protocol for encrypting communications between your website’s e-commerce...more

U.S. Sanctions Update

Recent actions by the U.S. Congress and several executive branch agencies have resulted in changes to sanctions related to various countries and regions, including Cuba, North Korea, Crimea, and Venezuela....more

A Guide to the Internet of Things

With the Internet of Things (“IoT”) comes yet another technology-driven advancement that challenges businesses with promising opportunities and potentially vexing responsibilities. In particular, manufacturers and retailers...more

FCC Releases Outline of Net Neutrality Rules Scheduled for February 26 Vote

On February 4, 2015, the FCC issued a press release describing the Open Internet (or Net Neutrality) rules Chairman Wheeler will bring to a vote at the Commission’s February 26, 2015 meeting. The draft order is now being...more

Is Your Refrigerator Spying on You?

Door locks, cameras, fitness bracelets, home security, thermostats, refrigerators, utility meters, light bulbs, and cars. The list of the things and devices that can collect information about you and send it into the big...more

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