The IoT’s growing range of services and functionalities pose new security and privacy threats. Laws are being adopted, “best” practices updated. But AI data inference and facial recognition technologies using freely available information sidestep network security measures and anonymized data, making “consent” and willful disclosure beside the point. It is up to the public to decide what to do. But first it must exercise its right to know. Can it?
Recent Business Articles
Articles relating to our Business Practice. We have substantial experience in business transactions, contracts, and corporate finance matters.
The FTC’s New Data Breach Response Guide; A Tech Perspective; Hacked! Disclose It?
October 1, 2016 – Business, Technology
Takeaway Before a data breach occurs, businesses should have in place: Operations and forensics plans Communications strategy; and If disclosure not mandated, think twice before going public Data Breach Laws With some important exceptions, there is no federal law which requires that data breaches be publicly disclosed. Breaches involving health information are covered by a… Read more »
Sales Due Diligence, Big Data And Bad Apples
September 20, 2016 – Business, Technology
When you check a stockbroker’s background, his co-workers’ records may tell as much about his potential for future misconduct as his own history. Does this have any relevance to business transactions… What’s behind the sales numbers of the company you just bought? Social network analytics identifies hidden networks and traces unknown links among individuals and… Read more »
Can Trader Joe Sink Pirate Joe? – How Far Does U.S. Trademark Law Reach?
September 12, 2016 – Business, Technology
Takeaway Even if your company isn’t located in the U.S. and you sell or distribute U.S. trademarked products which are unlicensed only outside the U.S… You may still be subject to infringement claims if your activities impact the U.S. business of trademark holders. Brand Buccaneer or Robin Hood? Back in 2011, Vancouver, B.C.- based Pirate Joe’s… Read more »
Your Website’s Popular Images – Copyright Infringement or Fair Use?
September 6, 2016 – Business, Technology
Takeaways Before using a copyrighted meme for marketing confirm that you have an appropriate license from the copyright holder, unless your use of the meme comes under the “Fair Use” doctrine. A Privacy or Publicly Rights Release may be required. If your website hosting service receives a Take Down Notice: confirm copyright ownership; compare dollar… Read more »
Attention Private Companies… The SEC Crackdown on Anti-Whistleblowing Agreements Concerns You Too
August 29, 2016 – Business, Securities
Bounties and Fines Whistleblowing has become a fact of life for business. And whistleblowing enforcement is a top U.S. Securities and Exchange Commission priority, with a growing number high profile, “send-a-message” cases. The SEC whistleblower program, launched in 2011 as part of Wall Street reform legislation, has expanded rapidly, taking off in 2016. To date,… Read more »
Franchises – Employee Non-Compete Clauses Under The Gun
June 22, 2016 – Business, Franchise
The Illinois Attorney General sued the Jimmy John’s fast food franchisor earlier this month [1], seeking a declaratory judgment that Jimmy John’s non-compete covenants violate the state’s Consumer Fraud and Deceptive Business Practices Act. All employees, including sandwich makers and delivery drivers, are barred from working at any business that earns more than 10% of its revenue from selling submarine and other… Read more »
Hr Software – Screening For Bias
June 5, 2016 – Business, Technology
Many small and middle market companies, and virtually all large enterprises use “intelligent” software to screen resumes, search publicly available information, social media postings and Internet histories to compile profiles of potential job candidates. Best Practices for HR software use currently include: Retaining a third party HR firm to screen ethnic, sex, age, disability, religious… Read more »
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