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|California Attorney General Urges Companies to be Prepared for Cyber Attacks and Security Breaches|
Kenneth R. Florin, Ieuan Jolly, Michael L. Mallow, Nerissa Coyle McGinn, James D. Taylor; Loeb & Loeb LLP;
March 18, 2014, previously published on March 2014Kamala Harris, California's Attorney General, issued a set of recommendations for preventing and responding to cyber attacks and security breaches. The recommendations, called Cybersecurity in the Golden State, are directed to small and medium-sized businesses, which often lack the resources of a...
|Plan Now for Changes in Emailing Canadians|
Andrew B. Lustigman; Olshan Frome Wolosky LLP;
March 18, 2014, previously published on March 6, 2014Marketers who email Canadian residents need to plan now for a soon to be effective Canadian version of the CAN-SPAM Act that has some important differences from the U.S. version of the law. Unlike the United States, which operates on a notice of an opt-out paradigm, the Canadian law requires an...
|Combating the Sale of Counterfeit Goods Online: Don’t Let Someone Get Away with Selling Knockoffs of Your Products|
Jordan S. Cohen, Whitney C. Gibson, James W. Kelly; Vorys, Sater, Seymour and Pease LLP;
March 18, 2014, previously published on March 14, 2014Trademark counterfeiting, in general, refers to the placement of a trademark on a product that is not the legitimate product offered by the trademark owner. Meanwhile, the Lanham Act - the U.S. federal trademark statute - defines a counterfeit as “a spurious mark that is identical with, or...
|Yahoo! Unhappy With TCPA Ruling; Seeks Reconsideration|
Scott A. Shaffer; Olshan Frome Wolosky LLP;
March 18, 2014, previously published on March 6, 2014In Sherman v. Yahoo! Inc., decided on February 3, 2014 in the Southern District of California, Yahoo! failed to convince the court that a lawsuit against it should fail because Yahoo! did not use an Automatic Telephone Dialing System (ATDS) to send text messages, as that term is defined under the...
|To Native or Not to Native, That Is the Question|
Licyau Wong; Foley & Lardner LLP;
March 18, 2014, previously published on March 14, 2014Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a second-favorite. However, these are not the only two options a lawyer has when...
|Imitation Protection of Internet Sites by Copyright Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
March 17, 2014, previously published on March 14, 2014The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation. However, such a protection, from the copyright law, is guaranteed only up to a certain creation/design point.
|Boston Discussion - NIST Framework - March 25|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 17, 2014, previously published on March 4, 2014The National Institute of Standards and Technology (NIST) last month released its final Cybersecurity Framework. Developed under an executive order from President Obama with extensive input and feedback from industry security professionals, the new NIST framework is designed to help companies in...
|EEOC Holds Public Meeting On Social Media In The Workplace #socialEEOC|
Kohrman Jackson Krantz PLL;
March 17, 2014, previously published on March 13, 2014Yesterday, the EEOC held a public meeting on the use of social media in the workplace, and its impact on the enforcement of equal employment opportunity laws. The commission heard testimony that addressed issues such as recruitment and hiring, harassment, and discovery.
|CASL Applies To You Even If You Aren’t In Canada|
Puneet Soni, Barry B. Sookman; McCarthy Tétrault LLP;
March 14, 2014, previously published on March 11, 2014CASL is the toughest law of its kind in the world and Canadian organizations are awakening to many major challenges they will face when trying to comply with this legislation. However, non-Canadian organizations should not overlook the Act’s extra-territorial application and its effect on...
|When the Workplace and Private Lives Collide: The Risks Associated with Using Social Media to Make Employment Decisions|
Marcia E. Goodman, Richard E. Nowak, Lori A. Zahalka; Mayer Brown LLP;
March 13, 2014, previously published on March 12, 2014Social media is playing an increasingly important role in how businesses operate as companies seek to leverage its broad reach and influence to increase brand awareness, to better understand market perception and to market their products or services to current and potential customers. Additionally,...