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...
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FIRM JOINS INNOVATION SUMMIT AS SPONSOR
For the second year in a row, the
firm committed to this year’s Innovation Summit as the Plenary
Panel Sponsor.
This annual event brings together entrepreneurs,
executives and policymakers for learning, dialogue and debate on
the central challenge of today’s economy – turning today’s ideas
into tomorrow’s business breakthroughs. The Summit includes keynote
speakers, breakout sessions on a variety of innovation related
topics, and dozens of trade and...
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Your friendly Indianapolis attorney and Partner In Success at
Alerding Castor Hewitt, LLP here with another post, this time for
both business entities and lawyers who find themselves in the
trenches of business law, SaaS law, internet laws, and privacy
litigation and probate litigation.
Partner and fellow blogger Dave Castor sort of beat me to the bunch
by pointing out a great blog post by Michael P. Alerding (ACH’s
Mike Alerding’s father) at Alerding & Co., LLC, which Dave
re-posted below. I...
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Your friendly Indianapolis attorney at Alerding Castor Hewitt LLP
here with an issue for those of you who, from time to time, might
find yourselves embroiled in collections litigation over business
law, SaaS law, or technology law matters. How often have you seen a debtor issue a check for
payment and include on the memo line words to the effect of “as
full satisfaction of claim,” “final payment in full of debt,” or
some similar words despite the fact that the debtor owes you more
than the...
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FOR IMMEDIATE RELEASE
July 23, 2010
Contact: Lainey Scheetz
317.403.9012
lscheetz@alerdingcastor.com
ALERDING CASTOR HEWITT, LLP CLIENT NAMED 10TH FASTEST GROWING
PRIVATE COMPANY IN INDIANA FOR THIRD TIME
Indianapolis, IN – Iasta, the leading provider of eSourcing
software and solutions, was titled as the 10th Fastest Growing
Private Company in Indiana for 2010 by the Indianapolis Business
Journal (IBJ). A third time honoree, Iasta boosted its
three-year growth rate at 134 percent.
The report...
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This one is a fun little piece of pseudo-software litigation.
The basic facts are that Facebook and its majority stockholder Mark
Zuckerberg have been sued by Paul D. Ceglia, who claims 84%
ownership in the website juggernaut. The part of this story
that has been clogging the Net is that a state court judge in
New York actually issued a temporary restraining order ("TRO")
prohibiting Zuckerberg and Facebook, Inc. from disposing or
selling any of its assets. This has produced the...
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Your friendly neighborhood technology counsel here: A couple
of recent state court decisions are going to start personal injury
attorneys frothing at the mouth, and might render some sleepless
nights for defense attorneys. Both Ohio and Florida recently
issued opinions in which they applied their state's respective
long-arm statutes to garner personal jurisdiction over an
out-of-state resident for tortious conduct that transpired over the
Internet.
First, you need to know what a long-arm...
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Be
prepared: I'm going to get on a bit of a soapbox. I
read a recent article at WSJ.com entitled "Using Social Networking
as Legal Tool" (
Linked Below). There is
nothing wrong with this article. It very succinctly and
pleasantly explains how certain law firms are using social
networking and the Web to find clients for high-value plaintiff
cases. And I don't disagree with that approach. As an
attorney posting on a blog, I too hope to use social networking to
get business, and would be...
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Every once in awhile, I have the inkling to make a blog post
that is not about developments in privacy litigation or technology
litigation or cloud computing law or foreclosures or any of the
other endless stream of ideas and legal thoughts that pass across
my desk. This is one of those times. Because, while I
think it is important for our readers to know that Mexico passed a
new data privacy law or that litigation related to CAN SPAM is
likely a rising field, I think it is equally important...
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Your Indianapolis Attorney at Alerding Castor
Hewitt here with another litigation post for the business and
technology world, this time regarding preliminary
injunctions. What is a preliminary
injunction? In simple terms, it is an
equitable remedy that you can seek asking a court to order someone
else to stop doing something or cease threatening to do something
that is causing or is likely to cause you irreparable
harm. It is another weapon in the
litigation arsenal, one to restore the status...
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Your friendly neighborhood technology counsel here: So,
Mexico recently passed a new data protection law. On April
27, 2010, Mexico passed the Federal Law for the Protection of
Personal data, which is likely to be signed into law by the
President in the near future. This law not only allows for a
mind-boggling $1.5 million penalty for violation, but it also
applies to the private sector. Private and public entities will
need to protect themselves from privacy litigation.
This law is much akin...
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Your
friendly neighborhood technology counsel here: As you likely
know, my goal is to become THE Indiana technology lawyer;
however, technology is not my only area of interest. Like
many of the folks at Alerding Castor Hewitt, technology law
is a passion, but we all strive to be a full service law firm for
all businesses. Thus, in addition to tech stuff, I also
litigate matters for several banking and business clients.
And, as any good lawyer does, when I see changes in the law
that may...
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You might wonder why an Indiana law firm with a practice
in several areas of technology (Indiana Internet
Litigation, SaaS Legal Consulting to name just two) finds
itself supporting a golf outing that raises money for
adoption? "As a firm that prides itself on supporting the
local community, we don't always align our charitable giving
strictly to serve our immediate demographic. There are many
organizations deserving of our support and Adoptions of Indiana is
certainly one of them," comments...
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Your friendly neighborhood technology counsel here: The
Indiana Supreme Court recently discussed the ability of a lay
witness to provide "expert" opinions in
Sibbing v.
Cave, 922 N.E.2d 594 (Ind. 2010). In that
case, counsel asked the plaintiff what she believed caused her
pain. She responded something to the effect of "the bulging
disc in my lower back", and the opposing party objected based on a
lack of expert foundation. The basic argument to the trial
court was that this lay person...
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Your friendly neighborhood technology lawyer here: As
you know, I'm a bit of a technophile and I've been watching the
iPad craze with interest. There are other similar products
that will be inundating the market in the near future (HP Slate and
the one that I'm watching with anticipation, Notion Ink's
Adam). As I watch, I've come to the conclusion that
tablet computers are the future of litigation, whether you're
talking privacy litigation, SaaS litigation, personal injury
litigation, or...
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Given the firm's
technology legal counsel and software litigation practice, it
only makes sense that the firm would support the prestigious
2010 Techpoint MIRA Awards Gala taking place on
Saturday, May 15th, 2010. It makes for a positive synergy
between the two groups.
The TechPoint Mira Awards, presented by BKD, is the premier
technology awards program in the state of Indiana. Since the
turn of the century, TechPoint has honored Indiana businesses,
schools and universities, and individuals for...
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Your friendly
neighborhood technology legal counsel here for Part 2 of my
riveting analysis of the dreaded "venue-selection clause" In
Part 1, I scared you with the reality that when you absently click,
"I agree" you are very likely binding yourself to litigate any
dispute in a location that is likely not conducive to your case or
your pocketbook. And I'm sure that the point you've been
wondering about since last we interacted is, "what can I do about
it". Unfortunately, the answer is not...
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Your friendly neighborhood
technology legal counsel here to discuss with you the hidden
dangers lurking in your unassuming (and unread) terms of service
agreements. Janet Croswell, one of our fabulous tech lawyers,
posted back on February 10, 2010 about the pitfalls that businesses
face related to the clickwrap agreement (here's a link for those
playing along at home
blog.alerdingcastor.com/blog/alerding-castor).
Now for those of you scratching your head and wondering what a
"clickwrap...
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Your friendly neighborhood technology legal counsel here: One
of the greatest aspects of our firm is the fact that we, as
attorneys, get to partner with our clients to assist in the
development of their dreams. Additionally, while we focus on
being the general counsel for all business types and sizes, one of
my personal areas of passion is seeing new technology based clients
develop and partnering with them to see their success.
One such emerging company that I'm happy to say we are...
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Congratulations
are in order to Brian Hewitt, the newest parter of Alerding Castor
Hewitt, LLP, who was recognized this week as one of Indiana's 2010
top 50 Super Lawyers.
Brian concentrates his practice on estate, trust,
and guardianship planning, administration, and litigation; and
mediation and business law.
He is a Certified Estate Planning and Administration Specialist, a
Fellow of the American College of Trust and Estate Counsel, and a
member of the Probate Litigation Committee of the...
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