Cease Demand Letter Myths

Cease demand letters are an expected step before any legal action is taken. Most jurisdictions require a claimant to demonstrate mitigation efforts.  Courts respect a claimant’s attempt to resolve the issue of concern.  They also appreciate seeing an effort to minimize damages.  But what can be surmised by cease demand letters is not what is…

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Cybersecurity Term Use

Cybersecurity term use may not be as clear as it is used in every day conversation.  Cybersecurity as a term has been bouncing around by many without carefully determining what it encompasses.  The same can be said of ‘data security,’ it’s sibling.  From an operational aspect advising client it is important that there be clear…

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Business Records Handling

Business records are created every minute in business and in a variety of entities.  Every call handled by receptionists, customer service, account managers, and even by management and executives creates a business record.  Every transaction, document dispatch, email, scanning of information for sharing, all creates business records. Every function and every task, digitized, becomes a…

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Startup Business -More than an Idea

Startup Business criteria for the idea-person and the money-person, backing the venture, is always easily skewed toward “what’s the least that it will take to get going”.  Going into the wild of business with the startup entrepreneurial spirit is fascinating and laudable.  Many venture off with the chutzpa without seeking legal counsel  and resort to…

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Social Media Privacy Trust

Social media privacy trust is easily and all too often not evaluated by users.  Social media usage in its carefree, beach-like social setting, is all about people enjoying keeping up with friends and sharing life events and experiences with friends.  However, it has become blatantly clear that by using the platform to share with friends,…

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Internet Speech Modification

Internet speech modification is a concern for all who are concrned about their free speech being infringed.  Self-Modification by social media platforms has struggled to ensure that the Internet is acceptable to all cultures, religions, political persuasion, and to all values of countries.  This exercise in Internet Governance is tall and detailed and comes under…

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Online Defamation  

Online defamation has become all-too common.  From the individual to the business they all have become subject of ill comments online.  Many, espousing their belief in their First Amendment right to free speech, have misused that right.  Doing so, they claim immunity from defamation claims. Many claim truth, they were privileged, or that their statement…

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Business Data a Trade Secret

Business data in business could be considered a trade secret as it is an essential component of analysis and decision-making.  Businesses cannot compete without relevant data for their administration, process and service delivery.  Trade secrets in database records have value.  Such secrets are sought for competitive reasons. Intruding, a kind word for hacking, into another’s…

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Internet Speech and Defamation I

Internet speech has drawn concern for its limitless, it seems, availability for anyone to air their comments about something.  While there are certain protections for speech, the inherent lack of truth in the statements or the lack of concern for the truth in making such a statement online about someone, engenders a considerable amount of…

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Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

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Website Crawling and Data Scraping Thoughts

Website crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…

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Computer Abuse by Password Sharing

Computer abuse can occur by the simple act of password sharing to gain access to a computer and its network. Password sharing for use of a computer is seldom realized as a wrongful use.  It is as well not realized by many account holders that sharing their account passwords or access passwords is as well…

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