For many emerging tech companies, pursuing patent protection often interferes with the company’s short-term objectives of increasing revenues, increasing customer adoption, and raising financing rounds. As a result, many companies choose to forego filing for patents when they first launch their product or service, thinking that if the company’s technology gets traction in the market,
Privacy, Cybersecurity & Technology Law Perspectives
Latest from Privacy, Cybersecurity & Technology Law Perspectives
Patent vs. Trade Secret Strategy: A Four Factor Decision Framework
Intellectual property protection is a critical pillar for establishing and maintaining competitive advantages. At the same time, it is important to strategically allocate resources to building a patent portfolio. This can be especially true for emerging companies, where spending on IP involves real tradeoffs with other business goals, and basic rules of thumb that larger…
Three Questions Every Company Must Ask About Their Intellectual Property Strategy
Mike Tyson famously said, “Everyone has a plan until they get punched in the face.” Those in the Intellectual Property (IP) world can appreciate what that means. Ask any emerging tech company that has been slapped – or punched – with a patent infringement lawsuit by a competitor. Patent litigation is very disruptive because it…
CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors
Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the U.S. Department of Defense (DoD): DoD is revamping the strategic direction of CMMC via a new “CMMC 2.0” framework that provides additional flexibility to…
FTC Strengthens Data Security Requirements
The Federal Trade Commission (FTC) recently published changes to data security requirements for financial institutions by revising the Safeguards Rule (Rule) under the Gramm-Leach-Bliley Act (GLBA). The law is designed to protect the privacy and security of consumer financial information when dealing with financial institutions. The scope of covered financial institutions is broad and includes…
Apple Sets Enforcement Date for In-App Account Deletion Requirements and Reminds Developers to Comply with Privacy Laws and Privacy Notices
On October 6, 2021, Apple announced that the requirement that applications that allow users to create an account must also enable users to initiate deletion of their accounts from within the application will go into effect on January 31, 2021. Apple originally posted these requirements in Section 5.1.1 of the App Store Review Guidelines,…
Maintaining Privilege Over Forensic Reports
This article was originally published in Bloomberg Law on September 23, 2021, and is reproduced below in full with permission.
Following a ransomware attack or other cybersecurity incident, the company whose data has been targeted typically hires—either on its own or through outside counsel—a computer forensics examiner to investigate and report on the cause and…
The Fast Track: Using Blockchain to Trace Products Through the Supply Chain
Many companies need strong supply chain traceability. For the most prevalent tracing challenges, blockchain may provide a formidable solution.
Real-World Applications
Using blockchain to trace products is especially promising for certain industries, including the food, fashion and regulated products industries.
Food Industry
Supply chain traceability is crucial in many industries, but arguably none more…
T-Mobile Data Security Incident Should Provide Businesses with Reminder to Review Cybersecurity Practices
On August 15, 2021, a number of media outlets indicated that T-Mobile was investigating a data breach that may have included the names, date of births, phone numbers, T-Mobile account pins, Social Security numbers, and Drivers’ License numbers of over 30 million current and former T-Mobile customers. A number of class-action lawsuits have already been…
The Pros and Cons of Blockchain in Supply Chain
Blockchain has been heralded as a cutting-edge technology that will improve the contemporary supply chain structure by increasing supply chain trust, efficiency, and transparency. However, as promising as blockchain technology is, blockchain is not a panacea for supply chain issues. There are numerous pros and cons of using blockchain in the supply chain:
Some Pros…