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HTMLA Practical Guide to Software License Agreements: General Indemnities
Borden Ladner Gervais LLP;
Legal Alert/Article
September 2, 2013, previously published on September 3, 2013
Software license agreements often include a provision — known as a general indemnity — that requires a party (usually the customer, but sometimes also the software vendor) to protect the other party against certain kinds of third party claims and liabilities. Customers should understand...


HTMLNo CPSC Enforcement Can be Admissible Evidence in a Products Liability Case
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 30, 2013, previously published on August 24, 2013
The role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure...


HTMLDigital Advertising Alliance Releases Guidance For Mobile Data Collection Practices
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
August 13, 2013, previously published on August 9, 2013
The Digital Advertising Alliance (the “DAA”) recently released guidance on the application of the DAA’s self-regulatory principles for online behavioral advertising (the “ Self-Regulatory Principles ”) to the mobile marketing environment, specifically mobile data...


HTMLMassachusetts Enacts Sales Tax on Computer and Software Services
Christopher M. Flanagan, Karl P. Fryzel, Rebecca Melaas, Nicholas V. Romanos; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 9, 2013, previously published on August 2013
On July 24, 2013, the Massachusetts legislature overrode Governor Deval Patrick’s veto to enact a transportation finance bill (H. 3535) which significantly changes the application of the sales tax to the computer service industry in Massachusetts. Prior to the new legislation, the sale of...


HTMLComputer System Design and Software Modification Services Now Subject to the Massachusetts 6.25% Sales and Use Tax
Nicola Lemay, Sharon C. Lincoln, Earl W. Mellott; Foley Hoag LLP;
Legal Alert/Article
August 2, 2013, previously published on August 1, 2013
Effective as of July 31, 2013, the Massachusetts 6.25% sales and use tax has been expanded to apply to certain types of computer system design and software modification services (“Computer/Software Services”).


HTMLVersion 1.4 of the Florida House of Representatives' Mobile App Now Available
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2013, previously published on July 24, 2013
Available as of July 23, 2013, mobile device users are encouraged to download version 1.4 of FL House, the official mobile app of the Florida House of Representatives. The new version includes improved search functionality throughout the app, the opportunity to provide feedback, share bills via...


HTMLInformation Governance (IG) Programs
Monica McCarroll, Stephen G. Test; Williams Mullen;
Legal Alert/Article
July 16, 2013, previously published on July 12, 2013
As every contractor knows, the volume of Electronically Stored Information and Data (ESI) generated by a typical construction project has exploded. Yet many contractors have a hodgepodge of systems and practices regarding data management. In addition to the standard office products such as...


HTMLVermont: Sales Tax Moratorium for Remote Software Sales Removed
McDonald Hopkins LLC;
Legal Alert/Article
July 3, 2013, previously published on June 27, 2013
Existing Vermont law (HB 528), which temporarily placed a moratorium on taxing remote software sales, is set to expire on June 30, 2013. Beginning July 1, 2013, certain remote sales of computer and similar electronic software will be subject to Vermont’s 6 percent sales tax. While many...


HTMLEU Debate over Cybersecurity Laws
Duane Morris LLP;
Legal Alert/Article
June 24, 2013, previously published on June 20, 2013
We gave a progress report earlier this week in our Alert on the European Commission's plans for wide-ranging changes to data protection laws. It is worth remembering that the European Commission is also considering additional new laws to try and deal with the growing threats to cybersecurity that...


HTMLMedical Devices and Hospitals Must Tighten Password Security
Shapiro Lewis Appleton Duffan P.C.;
Legal Alert/Article
June 19, 2013
FDA is telling the medical device industry and hospitals that it must take password security more seriously, due to risks of hacking, unencrypted data transfer and many other privacy and security threats


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