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|New York Trial Court Denies Sony’s Claims against Primary CGL Insurers to Pay for Defense Costs Related to Cyber-Attack Litigation|
Steven D. Cantarutti, Kevin T. Coughlin, Robert J. Kelly; Coughlin Duffy LLP;
March 12, 2014, previously published on March 3, 2014On February 21, 2014, a New York trial court (Hon. Jeffrey K. Oing, J.S.C.) in Zurich Amer. Ins. Co. v. Sony Corp. of Amer., et al., Index No. 651982/2011 (N.Y. Sup. Ct., N.Y. Cnty.), made a significant ruling in the area of cyber risk coverage. The Court rejected claims by Sony Computer...
|Businesses Advised to Act Now to Ease Compliance with New Controls on Commercial Electronic Messages|
H. Todd Greenbloom; Blaney McMurtry LLP;
March 10, 2014, previously published on March 2014Canadians are often bombarded by unwanted emails, text messages, faxes, tweets and other forms of electronic communications. There has been little regulation, and spammers have conducted their business as they have seen fit. Recipients of electronic junk could not help but feel that they were in...
|Protect Your Children From “One-Click” Liability Schools Must Reform Cyberbullying And Sexting Policies|
Brett M. Renzenbrink; Strauss Troy Co., L.P.A.;
March 6, 2014, previously published on February 27, 2014Children “sexting” is considered pornography under Ohio law, even if it is from a minor child to another minor child. And, cyberbullying is a crime. Here’s what you need to know to protect your children.
|Fictitious Licence Fee In Case Of Unauthorized Publication of Photos - Copyright Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
March 4, 2014, previously published on March 3, 2014If photos are published without authorization, this is a violation of the right of owning one’s own image. The persons depicted are entitled to receive payment of a licence fee.
|Social Media Pitfalls for Employers|
Michael R. Blum; Foster, Swift, Collins & Smith, P.C.;
February 27, 2014, previously published on February 25, 2014Social networking sites such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Tumblr or Flickr are everywhere, including the workplace. They can be found on employee smartphones, tablets and computers. While employers can benefit from their use, there are risks. Employers establishing social...
|CJEU in Svensson: A Common Sense Solution But Issues Remain|
William Haig, Ben Hitchens, Akash Sachdeva; Edwards Wildman Palmer LLP;
February 27, 2014, previously published on February 2014The Court of Justice of the European Union issued its long-awaited judgment in in Case C-466/12 Svensson regarding the legality of hyperlinking on 13 February. The case had the potential to upend one of the fundamental building blocks of the internet and electronic communication by deciding that...
|After LabMD: FTC, What Do We Comply With?|
Ann Feldkampt Triebsch; Wyatt, Tarrant & Combs, LLP;
February 26, 2014, previously published on February 20, 2014As observers of data security enforcement are aware, the Federal Trade Commission (FTC) determined on January 16, 2014, that even entities that are already subject to the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) are also subject to FTC...
|ALJ Shaw Denies Summary Determination Of Invalidity In Certain Digital Media Devices (337-TA-882)|
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
February 17, 2014, previously published on February 14, 2014On February 5, 2014, ALJ David P. Shaw issued Order No. 39 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).
|Federal Cyberbullying Law Would Expand Police Powers|
Eric M. Roher; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014Bill C-13, introduced by Federal Justice Minister Peter MacKay on November 20, 2013, would make transmitting intimate images of a person without their knowledge or consent a crime.
|Using Social Media in Hiring Decisions: Is It Really Worth the Risk?|
H. Carlton Hilson; Burr & Forman LLP;
February 14, 2014, previously published on February 2014Employers today often utilize social media websites such as Facebook, Twitter, and MySpace to investigate job applicants (or current employees) as part of the hiring process. This article discusses the following trends and considerations with respect to social media utilization in employment...