Indianapolis: The Midwest Silicon Valley (or is it Silicorn Valley)

Wednesday, August 10, 2011 by Chris Stephen
I don't often re-post articles in full glory, but I couldn't resist with this one.  This is a great article from the OMMA (a magazine of online media, marketing & advertising).  There are some great quotes from quite a few movers and shakers in the Indiana technology area.  As a technology legal counsel located in Indianapolis, it warms my heart to see this kind of great press for the area.  Personally, I think all technology firms should move or open offices here.   

Big hat-tip to Jay Baer for...Read More »

Seventh Circuit decides SaaS litigation case

Tuesday, May 24, 2011 by Chris Stephen

There is a new Seventh Circuit Court of Appeals opinion that is likely to have a significant impact on SaaS providers.  In Digitech Computers, Inc. v. Trans-Care, Inc. (link here), the 7th Circuit focuses on a SaaS agreement for Digitech to provide certain management software licensing components for Trans-Care (an ambulance and medical transportation service).  The Court ultimately upheld a breach of contract claim in favor of Digitech, significantly reduced Digitech’s damages award, and...

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You knew it would happen. Government wants its share of the Net

Tuesday, April 12, 2011 by Chris Stephen
Dollar SignVery interesting article from CNet regarding the proposal to be made by Senator Dick Durbin (D-Ill).  The article can be found here.   Basic point of the article is that Senator Durbin wants to add sales taxes to on-line sellers like Amazon and iTunes (although I would note that I think iTunes already has a tax component) for all purchases.  The idea being that brick and mortar stores in a given state shouldn't have to foot the bill for these new-fangled on-line superstores.  They should have to...Read More »

Facebook v. Winklevoss et. al. : The end has arrived

Monday, April 11, 2011 by Chris Stephen
The end is finally nigh for the ongoing litigation roller coaster that is the Facebook/Mark Zuckerberg v. Cameron and Tyler Winklevoss saga.  This has always been an interesting piece of software litigation based upon (a) the personalities involved and (b) the scale.  It is safe to say that when you are one of the fastest growing companies in the country, you are going to face litigation.  In fact, that's why you call me.  And it is equally logical that when you are creating a website or working...Read More »

Congratulations to the partners

Tuesday, February 22, 2011 by Chris Stephen
I know there will be an "official" congratulatory press release in the near future, but I thought I'd take a moment to congratulate the Alerding Castor Hewitt partners on being included in the 2011 Indiana Super Lawyers. 

Brian Hewitt received the nod as one of the Top 50 Super Lawyers in the state.  This is, of course, a recurring honor for Brian, who has been a Super Lawyer for the past several years.  Brian's practice focus is on business and probate litigation and mediation.   

The voters...Read More »

New York guarantees lawyers to foreclosure debtors

Wednesday, February 16, 2011 by Chris Stephen
 The first caveat is that I'm sorry I haven't posted anything recently.  Work here at Alerding Castor Hewitt has been going like gangbusters and yours truly has been up to his distinguished eyeballs in work.  Trust me, however, I'm now dutifully committing myself to continue providing insight and humor as your Indiana Internet Litigation guru. 

Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »

Two interesting non-Indiana internet litigation rulings related to 47 USC 230 protection

Monday, November 29, 2010 by Chris Stephen
I hope that you all had a thankful and fulfilling turkey day.  Your friendly neighborhood technology legal counsel stuffed himself horrendously.  But, I digress.  I know that I owe you all part 2 of my discussion of the legal landscape of corporate blogging, and I promise that I will get that posted in the near future, but two recent opinions in some non-Indiana Internet litigation piqued my interest and I had to talk about them.  Both rulings involve application of the liability...Read More »

The Legal Landscape of Corporate Blogging - Part 1: Introduction

Monday, November 15, 2010 by Chris Stephen
I can read your mind.  You are thinking, "oh, great and insightful technology legal counsel, what do you mean by a 'legal landscape' and what does that have to do with blogging?"  My initial response is that, (a) you've asked two questions and (b) if you plan to use blogging as a component of your business model, you need to know what potential pitfalls exist.  That is the legal landscape of blogging.  It is made up of the hills and valleys that must be overcome or avoided to reach blogging...Read More »

New interface for Creative Commons search engine

Friday, November 12, 2010 by Chris Stephen
Thanks to the wonderful folks over at Compendium Blogware, I presented a fun webinar last week on the Legal Landscape of Corporate Blogging.  Don't fret, dear reader;  I intend to put together several posts over the weekend that hit the highlights of my presentation.  Overall, I discussed topics like privacy litigation, copyright, defamation, Section 230 protections, etc.  The fun stuff of blogging. 

One area that I discussed and have had several questions about is Creative Commons.  For those of...Read More »

Techpoint Summit 2010 - Innovation at its finest

Sunday, October 31, 2010 by Chris Stephen
Last Wednesday, I had the great opportunity to attend the 2010 Techpoint Summit.  For those of you that don't know, Techpoint is organization with the mission of "accelerating Indiana's emerging and vibrant tech sector" (source:  www.techpoint.org).  This great organization fosters and nurtures the technology sector that is developing in Indiana.  It brings the innovators together and gives them a voice.  And, their yearly summit is an excellent example of the work they are doing.  In the same...Read More »

Are we losing sight of the "social" aspect of social media

Wednesday, October 27, 2010 by Chris Stephen
I know that you are expecting witty and poignant analysis of some new and exciting aspect of technology and / or privacy litigation, but that's not really the point of this post.  Rather, the impetus of this concoction of literary excellence is a realization that I had regarding social media.  In the last two weeks I have experienced the following (all on a large social media site that shall remain nameless but that has a movie):  (1) received birthday announcements and pictures of my niece in...Read More »

The interesting privacy litigation issues raised by a Duke student's sex-ploitation

Monday, October 11, 2010 by Chris Stephen
Ok, I'll admit it.  I was in a rut.  Although I found numerous interesting tidbits through-out cyberspace, I could not find anything that piqued my interest enough to put aside the billable hours of a technology legal counsel for a few moments to blog about it.  But, lo and behold, a college student with a sense of panache, an aspiration for humor, decent journaling skills, and access to PowerPoint and the Internet has become my muse. 

For those of you that don't know,  2010 Duke graduate...Read More »

Connecticut Insurance Deparment Requires Notification of Privacy Security Breaches

Wednesday, September 8, 2010 by Chris Stephen
Here is one of those convergence points where business law and privacy law intersect and effectuate additional administrative duties on the business holder.  In a rather interesting bulletin, the Connecticut Department of Insurance issued a directive on August 18, 2010, requiring "that all licensees and registrants of the Department notify the Department of any information security incident which affects any Connecticut residents as soon as the incident is identified, but no later than five (5)...Read More »

Africa: One of the safest places to surf the Web.

Wednesday, September 1, 2010 by Chris Stephen
Your friendly neighborhood technology legal counsel here:  I recently saw an article over at PC World that security firm AVG recently did a study of the safest countries in which to surf the Internet.  Seven of the top ten are in Africa, with Sierra Leone rated the safest.  The study is based on incidence of attack by a compiled list of virus and malware attacks.  The study found that Sierra Leone's average incident rate was one attack in every 692 surfers.  Niger also fared well with 1 in 442...Read More »

Memo from Uncle Sam: Die Hard 4 wasn't all that impossible; let us help you

Monday, August 30, 2010 by Chris Stephen
Another post that doesn't quite fit neatly into Indiana Internet litigation or privacy law, but that intrigues me.  BusinessWeek, passing along a Tim Greene article from NetworkWorld (found here: www.networkworld.com/nwlookup.jsp), is reporting that the U.S. military has issued an essay in which it urges its expertise in defense be put to use in protecting civilian networked infrastructure, such as power grids, financial institutions, etc.  The essay from Foreign Affairs sets out the concept...Read More »

Repost: Internet Rewards Program Class Action Survives Initial Motion to Dismiss -- In re Easysaver Rewards

Sunday, August 29, 2010 by Chris Stephen
I don't often blanket repost other blogs that I see, however, in this instance, I think it is appropriate.  Venkat, writing for Professor Goldman's blog, writes an excellent analysis of the recent ruling in the In re: Easysaver Rewards Litigation(S.D. Cal. August 13, 2010).  This is a very interesting case in that it covers several different, more traditional causes of action and analysis.  I'm interested to see what ramification this case is going to have on SaaS law and privacy litigation....Read More »

FTC settles case with paid reviewer

Sunday, August 29, 2010 by Chris Stephen
Back in October, 2009, I posted about the new endorsement / testimonial rules set out by the Federal Trad Commission (blog.alerdingcastor.com/blog/alerding-castor/0/0/ftc-makes-changes-to-blog-law).  There has been some development since that time, but mostly everyone is still watching and waiting.  The FTC did threaten to pursue Ann Taylor back in April, but otherwise, it has been relatively silent.

That is, however, until now.  On August 26, 2010, the FTC reached a settlement with Reverb...Read More »

Congrats to ExactTarget on acquisition

Tuesday, August 24, 2010 by Chris Stephen
Below is a nice little article by Tom Spalding at the Indianapolis Star detailing the ExactTarget acquisition of Australian-based mPath Global.  We are always happy to see our clients grow and expand.  I know that Scott Kreider recently blogged about the importance of our "Partners in Success" mantra.  It is never truer than when our clients seize an opportunity to take their business to the next level.  Congrats again to all of the folks over at ExactTarget.  


"ExactTarget, the fast-growing...

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Never underestimate your staff, but rather, allow them to envision and strive for excellence

Sunday, August 22, 2010 by Chris Stephen
The ACH litigation team had its first ever (as far as I'm aware) litigation retreat this weekend, and as I reminisce on our time, I am struck by the realization that to be a successful business, you have to allow your team to envision and strive for excellence with you.  This weekend we had some great discussion and "vision-casting" on the areas of privacy litigation, Indiana probate litigation, business law, Internet litigation, banking law, SaaS litigation, and several other areas where we are...Read More »

Discoverability of social networking profiles in Federal court

Friday, August 6, 2010 by Chris Stephen
Gather 'round kids, this one is interesting.  The decision actually came out in May, 2010, and I regret that I haven't had a chance to blog on it until now, but it is still a very interesting order that should have implications to privacy litigation, and litigation in general.  In EEOC v. Simply Storage Management, LLC, Docket No. 09-CV-01223, the Southern District of Indiana was faced with the issue of discovery of social networking profiles of two individuals that claimed sexual harrassment by...Read More »