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Like it or not, disputes do arise from time to time. So it's always a good idea to plan for the worst and hope for the best. A website development contract should identify how the parties will handle disputes. Nowadays, contractual disputes can be handled in a variety of ways, in more than one forum...
Contract disputes do arise from time to time. Whether the issue is early termination, delay of deliverables, breach of performance, or the like, it is best to plan for the worst and hope for the best. When there is a dispute, whether the contract contemplates this or not, either party should conside...
A well-drafted indemnity clause can protect you in litigation ensuing from your violation of a website development contract which results in third-party claims against you and/or your vendor. Whether it is your vendor or a third party that initiates the lawsuit, you will want to know where the prove...
The cloud is an essential component of all e-commerce sites. Not all clouds, however, are created equal. The key thing here is reliability. Making sure that the cloud service and Service Level Agreement (SLA) are right for your business may not be clear before you enter into a website development co...
When entering into website development contracts, the more you know, the more likely you will be able to avoid common pitfalls. It is your website, but ownership of the intellectual property on the site is not always apparent or obvious. When you engage an information technology vendor to build a ne...
When entering into website development contracts, the more you know the more likely you will be able to avoid contract disasters that could prevent your website from launching on time or working properly. There are many stories about failed software development projects, not just in connection with ...
Life as we knew it before the coronavirus is gone forever, and many changes will manifest in the pandemic's aftermath. How will it impact privacy laws around the globe? No one knows for sure, and we will not know until after the coronavirus is behind us. Cybercriminals long have been taking advantag...
The California Consumer Protection Act goes into effect in 2020, and other state and federal laws are on the horizon -- but is it possible that these state laws will really provide us privacy?
Although not every United States business will be affected, the new California Consumer Protection Act almost certainly will have implications for many businesses outside of California. Starting Jan. 1, 2020, qualifying businesses will be subject to data privacy and security standards currently requ...
There is no data showing how many people actually read through click agreements, terms of service and privacy policies before clicking the alluring "accept" button. However, there's research that indicates fewer than 1 percent of people report taking the time to review online terms. Most folks cons...
Are any of us at all surprised to learn that in just the first quarter of 2019 more than $1.2 billion worth of cryptocurrency was stolen? Probably not. This story follows the old line from bank robber Willie Sutton who is credited with saying that he robbed banks "because that's where the money is."
No one knows for sure how many "things" are connected to the Internet, but the Federal Trade Commission reported last year that it was more than 8 billion, and that it would exceed 20 billion by the end of 2020! Astonishing as it seems, it turns out that U.S. privacy laws do not apply to all of thos...
Way back in the dark ages in May 2011 -- about 2,345 Internet years ago -- I wrote a column about Net neutrality, which was in court at the time. For those of you who are not sure, "Net neutrality" is short for "Internet neutrality" or "network neutrality." The concept addresses user access to the I...
Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act. Without any public hearings, review or public comment, Congress passed the legislation as part of the $1.3 trillion government spending bill. The...
In today's world, it is no wonder that every lawsuit has electronic evidence. Unfortunately, for the most part, lawyers and judges do not understand IT or the Internet. As a result, litigation generally misses the mark regarding what is now referred to as "ESI," or electronically stored informatio...
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