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...
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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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Very
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...
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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...
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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. ...
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Indianapolis, IN – Mike Alerding, founding partner of Alerding
Castor Hewitt LLP, is slated to teach Business Law at Harrison
College this spring. The course combines the understanding of
legal theory with the acquaintance of the various forms of
contracts. Students will be taught the essentials of the
legal environment of business, tort law, contracts, commercial
transactions, government relations and property.
“I am teaching because I enjoy the process of observing the
improvement and...
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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...
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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...
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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...
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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...
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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...
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Firm founder and partner, David Castor, is slated to host a
Compendium Webinar entitled "The Legal Landscape of Corporate
Blogging." The webinar takes place on November 3rd from
2:00p-3:00p EST.
Dave plans to address the do's and don'ts of online
marketing, how to protect your intellectual capital
and protect your company's bottom
line. Participants were asked to submit questions for
Dave prior to the webinar.
The firm has a strong SaaS law practice, SaaS litigation
practice as well as...
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So I have been a bit behind in blogging these past few weeks.
With the new addition to my family (my 3rd son), life has been
hectic. But, I am back and ready to role.
As a general update, Alerding Castor Hewitt continues expand as
technology legal counsel in SaaS law, funding law and
entrepreneurial law fields. We have some exciting new
Internet-based and SaaS clients. This month we helped a
client negotiate a stock purchase deal and have handled no less
than thirty SaaS or software licensing...
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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...
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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)...
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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...
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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...
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Alerding
Castor Hewitt, LLP is a law firm that does a
substantial amount of legal work with clients in SaaS law and as
technology legal counsel. So much so that we were asked to
contribute to
Corporate Blogging for Dummies, a
best practices book that our friends Douglas Karr and Chantelle
Flannery were approached to write.
As a law firm that utilizes blogging to reach our current and
potential clients, the Alerding Castor Hewitt, LLP website was
featured as an example within these pages....
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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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