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November 2012 Archives

Mimicked songs prompt Black Keys to sue 2 companies

The Black Keys are an immensely popular band right now, having released the critically acclaimed album "El Camino" in 2011. Many people hold the album in high regard, especially two of the singles off the album titled "Lonely Boy" and "Gold on the Ceiling."

Franchisee school proves beneficial for the brand

Though things might be looking up, the U.S. economy is still in an unsettling state that can make things difficult for business owners. During these times, they have to trust their employees to have a handle on their day-to-day duties and make smart decisions. In the absence of this responsibility, moderate (or even minor) mistakes can do untold amounts of damage to a business.

Protecting the Individual from Data Breach

binary code2-thumb-212x300-15221-thumb-212x300-15201.jpgMajor databreaches make the news. TJ Maxx, Barnes & Noble, and Sony all had high profile breaches. In such large scale breaches, there is a flaw that is easily exploited on a grand scale. The individual hack is rarely reported and easily overlooked.

Connecticut Defendants, Lawyers and Insurers Need to Carefully Craft Settlement Offers

A recent decision by the Second Circuit Court of Appeals should give all defendants, their lawyers and insurers pause. In Barbour, et al. v. City of White Plains, et al., the Court upheld an award of over $285,000 in attorneys fees after the defendants tendered a settlement offer of only $30,000 ($10,000 per plaintiff). Many defense attorneys, in making offers to plaintiffs, look to Fed.R.Civ.P. 68 as a shield, couching the tender as an Offer of Judgment. If the plaintiff rejects the offer and wins less (or the same) at trial, the plaintiff must pay the defendant's costs. It gives a plaintiff the potential for a financial loss should they decline and force a trial.

Legal action does not have to doom your small business

When a business -- any business -- gets sued by a current or former employee, the damage done to the brand and the current crop of employees can be severe. Local or national media can thrust a spotlight on the business; employees can become disheartened with the direction or atmosphere of the company; and it can cost the organization hundreds, thousands, or even millions of dollars to handle the legal side of the dispute.

The Best Laid Plans...

Even the best laid plans for protecting against cyberliability can be frought with problems. Today, many Twitter users received a password reset e-mail message, making them believe their accounts had been compromised. Apparently, Twitter is pro-active and sends these reset e-mails when it believes there has been a problem with the account, including unauthorized access.

The Best Laid Plans...

Even the best laid plans for protecting against cyberliability can be frought with problems.  Today, many Twitter users received a password reset e-mail message, making them believe their accounts had been compromised.  Apparently, Twitter is pro-active and sends these reset e-mails when it believes there has been a problem with the account, including unauthorized access.

App Developers Need to Post Privacy Policies

magnifying glass book-thumb-100x62-14871.jpgMobile application ("app") developers, both the ones who write the code and the ones whose services or goods are being sold, may need to comply with a patchwork of state laws. A Connecticut or Massachusetts company has a nationwide reach when it offers an app for download in the Apple App Store, Google Play, or Windows Store. One of the laws that may apply is the California Online Privacy Protection Act ("CalOPPA"), Cal. Bus. & Prof. Code §§ 22575-22579. That law requires an online service operator that collects personally identifiable information ("PII") to conspicuously post a specific type of privacy policy.

Be careful with your words: Company sues over two little words

Logos, brand names, slogans are easily recognized by many consumers. These types of creative productions are copyrighted by many companies. In addition, companies can patent phrases. The short phrase, "best of," may not appear to be much different from other two word phrases. However, these two little words have been at the center of multiple intellectual property lawsuits.

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