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|The Second Wave of CASL: Transmission Data and Computer Program Rules in Effect Soon|
Chris Bennett, Bill Hearn, Tamara L. Hunter, David Spratley; Davis LLP;
December 3, 2014, previously published on November 7, 2014CASL’s anti-spam rules have been in effect for just over four months, and many organizations have adjusted (or are adjusting) to them. While anti-spam compliance is a work in progress, it is important to remember that CASL addresses more than just spam. Specifically, CASL’s altering...
|CASL - Regulatory Guidance for Computer Program Installation Rules|
Bradley J. Freedman; Borden Ladner Gervais LLP;
November 25, 2014, previously published on November 12, 2014Effective January 15, 2015, Canada’s anti-spam law (commonly known as “CASL”) will impose restrictions and requirements for the installation and use of computer programs on another person’s computer system. The rules apply to almost any computer program (not just...
|PPC Broadband Files New 337 Complaint Regarding Certain Coaxial Cable Connectors|
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 7, 2014On November 4, 2014, PPC Broadband, Inc. of East Syracuse, New York ("PPC") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|CASL - New Guidance on the Installation of Computer Programs|
Tim (Timothy) M. Banks; Dentons Canada LLP;
November 18, 2014, previously published on November 11, 2014The Canadian Radio-television Telecommunications Commission (CRTC) has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs. The installation of computer program provisions will come into force in just over two...
|California Approves Consumer Law Protecting Right to Leave Negative Online Reviews|
Richard M. Assmus, Maximillian L. Del Rey, John Nadolenco; Mayer Brown LLP;
November 8, 2014, previously published on October 16, 2014User-driven websites, where users are able to leave feedback about products or businesses, have increasingly become the backdrop for disputes over the non-disparagement clauses used to shield businesses from critical online reviews. Companies use these clauses to create penalties for consumers who...
|New California Requirements Shake Up Breach Notification and Data Safeguards|
Karen L. Booth, Karen L. Booth, Ellen Marie Giblin, Ellen Marie Giblin, Laurie A. Kamaiko, Laurie A. Kamaiko, Mark E. Schreiber, Mark E. Schreiber, Thomas J. Smedinghoff, Thomas J. Smedinghoff; Edwards Wildman Palmer LLP;
October 28, 2014, previously published on October 2014Recent amendments to California statutes governing breach notification and data safeguards impose new obligations by: (1) enhancing breach notification requirements relating to offerings of “identity theft prevention and mitigation services”; (2) expanding the statutory requirement to...
|CASL - Rules for the Installation and Use of Computer Programs|
Bradley J. Freedman; Borden Ladner Gervais LLP;
October 21, 2014, previously published on October 07, 2014Effective January 15, 2015, Canada’s anti-spam law (commonly known as “CASL”) will impose onerous restrictions and requirements for the commercial installation and use of computer programs on another person’s computer system. The rules apply to almost any computer program...
|Cloud-Based Services Not Subject to Georgia Sales and Use Tax|
Jessica L. Kerner, Pilar Mata; Sutherland Asbill & Brennan LLP;
October 3, 2014, previously published on September 29, 2014The Georgia Department of Revenue determined that a company’s cloud-based applications and related services are not subject to Georgia sales and use tax. The company maintains and operates hardware and software on servers located outside of Georgia that it uses to support its customers’...
|Microsoft Loses Round in Fight Over Email Held in Irish Data Center|
Narges M. Kakalia; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 19, 2014, previously published on August 8, 2014Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails.
|Appeal Dismissed: Dispute over Ownership, Alleged Copyright Infringement of Software Programs, Scope of a License, and the Revocation of a Certificate of Registration|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
August 12, 2014, previously published on August 6, 2014This was an appeal from a judgment of the Federal Court (decision here, summary here) dismissing the action for damages of Elizabeth Posada (“Posada”) and the company incorporated by Posada, Planification-Organisation-Publications Systèmes (POPS) Ltée (“POPS”),...