@AdlerLaw

A legal blog

@adlerlaw is a blog devoted to helping entrepreneurs and creative professionals identify, protect and monetize their creative content and ideas and take advantage of the opportunities presented by today’s digital business platforms.

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Latest from @AdlerLaw

Seasoned business owners usually know enough to invest in the protection of some form of business entity. Too often, these individuals fail to engage in the necessary business and tax planning to get the most from their investment. Whether you are a sole proprietor, partnership, corporation, limited liability company (LLC), limited liability partnership, or hybrid entity, you will gain useful knowledge. This webinar covers why a business owner should consider the benefits and costs of each type of entity, the existence of limited liability for owners, flexibility in terms of governance and ownership structure, and favorable treatment under state…
At a time when #media creation & consumption is traveling across a growing number of devices, at increasing speeds, and without care for for borders whether physical, digital, or geographic, licensing, distribution and use of digital content can cause problems. The case of Fastcase, Inc. v. Lawriter, LLC, Case No. 17-14110 (11th Cir. Oct. 29, 2018) (Tjoflat, J), involved a dispute between two legal publication service companies over the right to re-publish the Georgia Regulations. The Declaratory Judgment defendant and presumptive rights owner had no enforceable copyright or contract rights in the Regulations. Defendant updated the terms so that unauthorized re-publication…
The latest amendments to the Act provide even more privacy positive aspects. The definition of “electronic device” has been clarified to include any device that enables accessto, or useof an electronic communication servicethat provides the ability to send orreceive wire or electronic communications, including wireless communications connecting the device to a telephone network. [Emphasis mine]  Also, “location information” now includes information concerning the location of an electronic device generated by or derived from the possession of the device (rather than onlyoperation of the device). The amendments also remove time-based limits on some law enforcement searches.  No location information – rather than…
Hat tip to Joshua L. Simmons, Copyright Division Council Liaison from KIRKLAND & ELLIS LLP in New York for keeping the #Copyright Bar up to date on important developments. From this week’s news letter is the decision in Skidmore v. Led Zeppelin involving a claim by Michael Skidmore, a Trustee, alleging Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus.” At trial, the jury found in favor of the Defendants. Skidmore appealed on the grounds of alleged trial errors. He also disputed the district court’s determination that the scope of the copyright for unpublished works under…
Every business in this, the Information Age, is highly dependent on confidential and proprietary information.  As many design and creative professionals know, a design business is often based on intimate, personal relationships with clients. As a result,  relationships are built upon a high degree of trust and the professional reputation of the designer.  In addition, the designer brings a host of regular vendors and proprietary skills, knowledge, experience, including private and confidential information about clients, used for operating the Business.  It is not surprising that businesses will seek to prevent disclosure of business, technical and financial information (including information relating…
As every CIO knows, today all business is digital business.  From the corner mom and pop bodega using Square to process credit cards up to Cisco Systems global network of devices supporting Zetabytes of data over an increasing number of devices. What began as largely static website e-commerce at the turn of the millennium is now every day operations across multiple devices and the many different brands of platform and content delivery network.  In case you missed it, two recent cases will have a wide impact regardless of industry period Law Enforcement Access To Cell Phone Location Data Requires Warrant…
Soem prior conferences: Data at Risk: Regulatory and Privacy Concerns in a Data Breach. – Enfuse Conference 2018, Las Vegas, NV, May 23, 2018. Trends in Cyber-Law 2017– ISACA CSX North America 2017, Washington, DC October 2-4, 2017 The Human Side of IT Acquisitions– Assoc. of Technology Acquisition Professionals CAUCUS IT Procurement Summit, New Orleans, LA, November 7-8, 2017 My topic, Assessing and Responding to Cyber Legal Risk,was chosen for presentation at the 2018 New York State Cyber Security Conference.  #nyscyber …
In today’s world, business is no longer about simply having an online presence. Digital business is transactional and social across platforms and networks across thew globe. The previous model of one-to-one transactional business relationships has evolved to one that is reciprocal, collaborative and highly interactive. This new level of engagement is not without risks. As businesses expand into new online areas for marketing and commerce, businesses should be aware of a myriad of laws and risk areas implicated when one conducts business online. Business lawyers must be familiar with Technology Law. There are a wide variety of services around…
On September 25, 2017, I gave a presentation at Influencer Marketing Days in NY on how to avoid unnecessary legal risks when using Influencer Marketing. As most marketing professionals know, media consumption is moving from traditional outlets to other platforms. Explosive growth for social media and declining TV viewership means that advertising dollars are migrating with the eyeballs.  As a result, brands are turning to “influencers,”  celebrities, paid spokespersons and even consumers  who credibility enables them to affect attitudes and purchasing decisions. Due to popularity and reach of platforms like Instagram, Snapchat, YouTube and even a resurgent Twitter, brands are partnering…
ISACA CSXNA 2017 CYBER LAW Adler’s topic was Trends in Cyber-Law 2017. Cyber-Law “governs the digital dissemination of both (digitalized) information and software and legal aspects of information technology more broadly, including information security and electronic commerce. Cyber law  is a term that encapsulates the legal issues related to use of the Internet. It is less a distinct field of law than intellectual property or contract law, as it is a domain covering many areas of law and regulation, such as internet access and usage, privacy, freedom of expression, and jurisdiction.” Despite the variety of subjects, most legal trends for 2017 are in 5 key areas: Data Sovereignty, Cyber Conflict, Civil Liberties, IoT and…