Technology/IP


Data Breach Notifications: Your Obligations Will Vary from State to State

It’s a virtual certainty that your business possesses personally-identifiable information of individual residents of different states – whether customers, employees, or third parties – that could be compromised if your business suffers a data breach.

All 50 states have now enacted some form of legislation requiring private or governmental entities to notify individuals in such states of security breaches involving their personally identifiable information. Consequently, if your company finds itself as the victim of a data breach, a swift response will likely be required – including a quick assessment of your obligations under the data breach laws of various jurisdictions.

Terms and Conditions May Not Apply – How to Make Sure Your Terms and Conditions Work for You

“Additional terms and conditions apply” is a phrase we have all heard from a voice-over on a late-night infomercial hawking vegetable juicers or subscriptions to a knife-of-the-month club. But just what are “terms and conditions” and how are they different from a normal contract? How can you make sure that your business’s “terms and conditions” are binding and enforceable? What if you want to change your “terms and conditions” from time to time?

The Consumer Review Fairness Act – Outlawing Consumer Gag Clauses In Your Customer Contracts

Does your company use form service agreements, purchase contracts, or online terms to conduct its business with customers? If so, you should review those documents immediately to make sure you are compliant with the new Consumer Review Fairness Act of 2016 (CRFA), which makes it unlawful in many cases to use your “standard terms” to control what your customer says about you, your products, or services.