In a “when, not if” world of data breaches, organizations must position themselves for effective breach response. And a response to an actual breach requires synchronized coordination of multidisciplinary activities beyond the ambit of IT security: legal, forensic, law enforcement, regulatory, insurance, public relations, stakeholders, notifications and personnel management.
Open source software is being incorporated into commercial software products at increasing rates. Despite the association of open source software with a sense of public-domain freedom, open source software is in fact licensed with a variety of restrictions. Although open source software also carries risks of patent liability, this article focuses on the unique interplay between open source software and copyright law, and suggests best practices to limit your company’s potential copyright liability.
In the area of mergers and acquisitions, trade secrets can provide unique challenges to the due diligence team evaluating the target company. An early understanding of the key players, the buyer’s intended uses of the<br />trade secrets, and the seller’s policies and positions regarding them, is fundamental to structuring the correct questions to undertake a thorough and informative<br />due diligence process. A thorough process can inform the economics of the deal, identify any third party risks and even minimize the opportunities for post-acquisition misappropriation of trade secrets.
Being the target of a cyber-attack is something no company ever wants to experience. The only thing that’s worse is getting sued for being the target of a cyber-attack. This article offers in-house counsel a crash course in cybersecurity regulation and litigation, focusing on the liabilities stemming from the disclosure of customers’ personally identifying information.