In June, California passed a consumer privacy law that could affect many organizations conducting business in the state. The law, which has been likened to the European Union’s GDPR regulations, gives California consumers the right to know what personal information a business has collected about them, including where it was sourced from and how that information is being used. Consumers also have the right to opt out of having their information sold, the right to delete

In late June, the U.S. Supreme Court ruled that online retailers can be required to collect sales taxes in states where they have no physical presence. The decision came in the case of South Dakota v. Wayfair, Inc. and represents a victory for brick-and-mortar stores as well as states that claimed they were losing billions of dollars in revenue. The ruling effectively overturned a 1992 judgment in which the court ruled that states couldn’t require businesses

Cyber-insurance policies cover business liability for a data breach in which customer information (such as social security or credit data) is exposed or stolen by a hacker. Such policies may also cover data breaches due to employee error or malfeasance. Depending on the policy, this insurance can cover a range of expenses associated with data breaches, including notification costs, credit monitoring, costs to defend legal claims, fines and penalties, and other applicable losses.

If your business is involved in a legal dispute, you may voluntarily agree or be required to participate in mediation.  Mediation is an alternative way of setting disputes that involves negotiation with support from a neutral third-party. Typically, mediation involves key decision makers from each party as well as their legal counsel. The mediator begins by leading the parties through a confidential review of the situation at hand. Then, depending on the nature of the conflict,

They say that imitation is the sincerest form of flattery. That’s all well and good if someone copies your new outfit. But imitation is a whole other issue when it comes to online innovation. Let’s say you’ve just come up with a new online business idea and you’re convinced it has the potential to be the next big market disrupter, like Uber or Airbnb. Can you patent the website, app or software? The unhappy answer is

Your company’s proprietary information is your secret sauce. It’s what makes your company distinct and competitive in the market. Yet too few businesses put real time and attention into protecting this valuable information. If information is stolen and you choose to pursue legal measures, you have an obligation to show that you took reasonable steps to protect your proprietary data. But this kind of litigation can be a slow process that may never really compensate you

The patent process is lengthy, complicated and expensive. So how can an inventor or small business owner move forward with an innovation? Eventually you’re going to have to share your idea with someone who will help develop it, manufacture it, or otherwise bring it to market. Here are three legal tools you can use, with assistance from an attorney:

The FTC is continuing its scrutiny of social media influencers who fail to disclose paid endorsements and other compensatory arrangements. In September of this year, the FTC took its first law enforcement action, settling charges with YouTube broadcasters Trevor Martin and Thomas Cassell, known on their channels as “TmarTn” and “Syndicate.” Martin and Cassell were charged with using their platforms to deceptively endorse CSGO Lotto by failing to disclose they were joint owners of the online

Financial institutions can continue to block customers from banding together in class-action lawsuits, thanks to Congress’ decision to kill a pending arbitration regulation. The Consumer Financial Protection Bureau’s (CFPB) “arbitration rule,” which would have barred companies from including forced-arbitration clauses in financial contracts such as credit card agreements and car loans, was slated to take effect in March 2018. The House passed a resolution repealing the regulation in July of 2017, followed by the Senate in

There’s good news for employers required to electronically file injury and illness data with OSHA: You had until Dec. 1, 2017, to comply. The rule became effective Jan. 1, 2017, with an initial requirement that employers electronically file the information by July 1, 2017. However, given the agency’s inability as of May 2017 to accept electronic submissions of injury and illness logs, OSHA has now formally proposed extending the filing deadline until Dec. 1. It also appears