Data Security of ESI

Data security and the insecurity of electronically stored information (ESI) is ephemeral.  Data security is not as predictable as one would prefer to think.  Any anticipation of a data security incident or of its origin is absolutely unpredictable.  With every incident, the attention is always on possible external sources.  All too often, little effort is…

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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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Software Distinctions and Ideas

Software distinctions from existing software presents a hiccup to many developers with novel ideas.  Software considerations to push for a patent will encounter nuances that need to be addressed.  The approval process has been presenting hurdles for software patent filings.  The hurdles are more about what contribution is being offered by the idea rather than…

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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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Internet Computing Terms

Internet computing terms are commonly mentioned in a law firm’s discussions where the practice focuses on issues in the market engaging the Internet, and among other aspects, e.g., computing, e-commerce, data protection, software development, application development, data management infrastructure, cloud processing, and cyber security, to mention as few.  As these terms arise in conversation, contracts…

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Software Patent Filing Abstract Snags  

Software patent filings have gone through snags during the approval process.  For many, not having a clearly stated specific enhancement to preexisting software was a liability to the filing’s success.  Failing to satisfactorily describe a technical improvement on providing the innovation to the previous invents is another snag.  Not distinguishing the innovation from previous filings…

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Internet Mugshot Publishing Curtailed

Internet mugshot published online haunts a person for years with embarrassment.  For many, as well, the mugshots do not bear a meaningful purpose for others throughout the Internet to know.  What remains is the ill circumstance of having future employment out of reach or present employment terminated, for the inadvertent past event. The harm lingers…

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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 Information the Malady of Doxing, “You’ve been Doxed”

Internet information that is available to read on the Internet about someone or anyone to see is startling.  There is a lot to be said about the amount of information available on the Internet.  Many are surprised on how their information got on the Internet and the ease with which public information and personal information…

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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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Data Security Practices

Data security practices are increasingly becoming a theme among management and employees in the administration of business and their daily work process.  The common element in data breaches is the element of human negligence, training or the underestimation of needed attention.   The extent that incidents are occurring, information technology personnel and operations personnel are finding…

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Data Breach Insurance

Data breach insurance is becoming a growing concern and a topic for businesses to address their risk management administrative panoply. Considerations may sway a business towards a third-party insurance coverage or a first-party insurance coverage or both depending on the services provided.  Previously posted writing regarding the cyber insurance needs, we discussed the limits that…

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