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|Verizon 2014 Data Breach Investigations Report Is Here|
Richard Sheinis; Hall Booth Smith, P.C.;
May 16, 2014, previously published on May 1, 2014Verizon has released its latest Data Breach Investigations Report, and its 2014 edition is better than ever! Verizon studied 1,367 confirmed data breaches, and 63,437 security incidents in 95 countries. A breach is defined as an incident that results in the disclosure or potential exposure of data....
|Software Audits: Strategies for Licensees|
Joseph M. DiCioccio, Julie E. Korostoff, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 8, 2014If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry Association (“SIIA”) or the Business Software Alliance (“BSA”) you are not alone....
|Taxpayer Win! Michigan Court Rules Cloud Computing Services Not Subject to Use Tax|
Jessica L. Kerner, Pilar Mata; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Michigan Court of Claims held that cloud computing, or software as a service (SaaS), is a nontaxable service rather than a taxable use of prewritten software. The taxpayer, an insurance company, entered into various transactions that provided the taxpayer with remote access to third...
|High Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal|
Sutherland Asbill Brennan LLP;
May 5, 2014, previously published on April 29, 2014In twin unanimous opinions issued today, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of those awards. The decisions give district judges more discretion to...
|Exemptions Abound! Virginia Clarifies Taxability of Sales of Computer Software and Cloud Computing Services|
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Virginia Tax Commissioner issued a taxpayer-favorable ruling addressing Virginia sales and use tax on (1) computer software sold to manufacturers and (2) cloud computing services. The Commissioner determined that Virginia’s manufacturing exemption can apply to sales of computer software...
|Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs|
Sheppard Mullin Richter Hampton LLP;
April 25, 2014, previously published on April 23, 2014This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia Corporation of Finland...
|The 8 Gotchas of Technology Contracting - Part 1|
Craig R. Auge; Vorys, Sater, Seymour and Pease LLP;
April 14, 2014, previously published on April 3, 2014Every business runs at least in part on technology - and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry.
|Is Your HIPAA Compliance Program Going Out the Window with XP?|
Dianne J. Bourque, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 11, 2014, previously published on April 10, 2014April 8, 2014 marked the end of Microsoft’s support for the Windows XP operating system, which means the end of security updates from Microsoft and the beginning of new vulnerability to hackers and other intruders into systems still utilizing the operating system. But does the end of Windows...
|Supreme Court Hears Argument on Software Patents|
George C. Beck, Kevin M. Littman; Foley & Lardner LLP;
April 3, 2014, previously published on April 1, 2014On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing patent eligibility under 35 U.S.C. § 101, following Bilski,...
|U.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
March 28, 2014, previously published on March 26, 2014A unanimous U.S. Supreme Court held Tuesday that a plaintiff may bring a false advertising claim under the Lanham Act, 15 U.S.C. § 1125(a), even where the plaintiff is not a direct competitor of the defendant. A false advertising plaintiff need only allege “injury to a commercial...