By Dan Pepper, Posted in Technology Law on April 17, 2013
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“Force Majeure” - An event that is a result of the elements of nature, as opposed to one caused by human behavior.
This nugget is a common clause in contracts that essentially frees both parties from liability or obligation...(more)
By Dan Pepper, Posted in Technology Law on February 22, 2013
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In my last post, I outlined some of the challenges technology vendors often face when confronted with customer demands that don’t meet the vendors’ cloud providers’ contractual obligations. Now let’s talk about some of the...(more)
By Dan Pepper, Posted in Technology Law on February 11, 2013
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A number of studies I’ve recently read indicate that more enterprises will use cloud services in 2013 than ever before. This fact is not lost on many of my software vendor clients, who are transitioning many of their on-premises products...(more)
By Dan Pepper, Posted in Technology Law on January 3, 2013
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The new Children’s Online Privacy Protection Act (COPPA) was recently announced by the FTC. It will become effective on July 1, 2013. It includes a substantial expansion in the number of entities covered by COPPA and expands important...(more)
By Dan Pepper, Posted in Technology Law on November 8, 2012
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Many organizations use a service provider or marketing company to send out email on their behalf. But if that service provider violates the CAN-SPAM Act, or other spam law and your organization gets sued as a result, who's liable?
Answer: ...(more)
By Dan Pepper, Posted in Technology Law on October 1, 2012
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Online defamation is an increasingly difficult problem to resolve, as most defamatory statements posted on the Internet are done so anonymously. We are often asked how to determine the identity of those that post such statements, so in this blog...(more)
By Dan Pepper, Posted in Technology Law on August 2, 2012
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If you’ve already experienced one, you know how painful and expensive they can be. If you haven’t yet, you should expect you will soon. According to The ITAM Review, July 4, 2011, Gartner, Inc., a leading technology research...(more)
By Dan Pepper, Posted in Technology Law on June 26, 2012
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Does your business have telecommuting employees, or plan to allow employees to telecommute? Below are 7 critical legal considerations you must know.
OSHA. An OSHA directive issued in February 2000, limits employer liability for safety in an...(more)
By Dan Pepper, Posted in Technology Law on June 14, 2012
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This blog entry serves to remind mobile app developers that the Children's Online Privacy Protection Act of 1998 (COPPA) applies to you too, and not just website operators.
COPPA applies to the online collection of personal information by persons or...(more)
By Dan Pepper, Posted in Technology Law on May 17, 2012
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On May 10, 2012, the New Jersey Assembly introduced a bill (A2878) that seeks to prohibit employers from requiring current or prospective employees to disclose their user names or passwords for social networking sites (such as Facebook or Twitter)....(more)