Morgan Stanley’s recent payment of $60M to settle a civil proceeding for failing to properly dispose of customer data is a reminder of the importance of knowing applicable data disposal laws and drafting appropriate data destruction clauses in technology agreements.
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Cyber Insurance: No Lifeline for Enterprise Technology Customers
Recent major cyber attacks have kickstarted a cyber insurance buying frenzy. However, because cyber insurance coverage is unpredictable on many levels, it is critical that technology customers take meaningful steps to address insurance risks and to contract appropriately with
Is Your Technology Non-Compete Enforceable?
Frequently, software license agreements, cloud agreements, and other technology contracts include restrictive covenants or non-compete clauses that prohibit a customer from using the vendor’s technology to develop competitive or substantially similar products or services. The court in Triage Logic Management
Browse-Wrap, Click-Wrap, and In-Between
For decades, online service providers and web and mobile site owners and operators have sought to bind their users to contractual terms and conditions by way of click-wrap, browse-wrap, and similar methods. For nearly as long, these parties have fought
Contracting Conundrum: “Reasonable Security Measures”
In technology contracts between customers and vendors, it is common to obligate one or both parties to implement “reasonable security measures” to protect applicable data and information. Typically, the obligation is a function of risk allocation or legal requirements. The
Post-COVID Help for Corporate Legal Departments
Updating in-house contract templates and negotiation playbooks is not sexy, nor is it directly related to a particular revenue-generating transaction. However, it may be an efficient way to address the increased pressure on in-house counsel to close more deals in
Trade Secret Owners Beware (and Contract Carefully)
A recent Third Circuit court case rattled current thinking as to trade secret owners’ authority to enforce rights in their intellectual property. Fortunately, the case provided a path for trade secret owners to fully preserve their enforcement rights when making
Blockchain: Mind Your Contract Terms
As noted in a recent BBC article, the distributed ledger technology known as blockchain has been hyped for many years as the solution to countless transaction ills. However, to date, its principal purpose has been to support cryptocurrencies. That
One Technology Agreement + One Separate Non-Disclosure Agreement = One Mess
The current COVID-19/coronavirus crisis has forced many companies to buy or sell new technology under a previously unseen sense of urgency. While this speed is critical – and absolutely understandable – take care to ensure that today’s deal structure does
License Restrictions: Covenants or Conditions?
The focus of the First Circuit Court’s opinion in Photographic Illustrators v. Orgill (1st Cir. 2020) was whether a sublicense may be granted by implication and whether, under the facts of the case, the sublicensor (Osram Sylvania, Inc.) actually granted