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Claims by Vendor Personnel in Outsourcing Deals: Mitigating the Customer’s Risks

When a company outsources, it is looking to engage a third party to provide a service—not to assume risks with respect to the third party’s personnel. In fact, a key concern of a company looking to outsource is that it does...more

Mine, Yours, and Ours: Gating Issues in the Use and Commercialization of Data

Many companies are actively exploring how to better use, commercialize, and productize (make into a standalone product) the data that they collect or is collected on their behalf. A gating issue for these companies is...more

Contract Corner: Software License Checklist for Licensees: 20 Issues to Consider When Working from the Vendor’s Form (Part 2)

Picking up where we left off, below is the remainder of our quick checklist of issues that customers should consider in any software licensing agreement. Today’s items include more traditional legal issues to add to those...more

Contract Corner: Software License Checklist for Licensees: 20 Issues to Consider When Working from the Vendor’s Form (Part 1)

Everybody does it. We may say that we only use the “customer’s paper” when contracting, but we know that is often not the case when entering into licenses for commercially available, off-the-shelf (COTS) software products....more

Navigating the IoT Workplace Quagmire

The Internet of Things (IoT) promises a societal transformation based on a virtuous circle of constantly improving connectivity, integration, data, intelligence, and automation. One important element of this transformation is...more

Cybersecurity Bill Aims to Patch Holes in Main Street

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’

Geotargeting—delivering content to users based on their geographic location—has become a popular and effective marketing tool. Yet proper implementation may be more nuanced than originally contemplated because certain...more

Contract Corner: Standard Terms in the IoT Age

A seismic shift is afoot in the intelligence, complexity, and interconnectedness of everyday products, and the flimsy foundation of customer assent to standard terms will continue to crack, if not collapse. We recently noted...more

Contract Corner: Standard Terms in the ‘Widgetal’ Age

We get it. You sell widgets. You’ve always sold widgets. Your time-tested terms of sale/purchase have served you faithfully through product, industry, and economic cycles. You don’t sell apps or clouds, so why should this...more

Brazil Bill Implements New Provisions for International Data Transfers

The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil. The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more

Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide....more

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