@AdlerLaw

@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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By: Adler Law Group

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The motivation to create Ping® stems from my experiences running the Entrepreneurial & Start-up Ventures Committee, and the Media, Arts & Entertainment Committee of the Chicago Bar Association, participation in Illinois State Bar Association committees, and public speaking engagements on the subjects of intellectual property, information technology, privacy, security and entertainment law. 

Every forum meeting or presentation ends with in-depth questions from the audience. I publish Ping® to share knowledge and educate creative professionals and entrepreneurs to be better business owners and managers.Is the Ping® Newsletter useful or informative for you? Let us know in the comments section, below.
Continue Reading Tell Us How We’re Doing

Perhaps you’ve seen them, those television and radio ads that talk about the “creepy” nature of some adverting on the Internet that follows consumers across their social media. According to Pew Research, most Americans believe their online activities are being tracked and monitored.

The fact is, most companies can and do share data with social media platforms to ensure targeted advertising reaches receptive audiences. As more tools become available and the variety of data sources grows globally, platforms and advertisers are re-examining their rights and obligations when it comes to something as simple as matching customers’ email addresses with…
Continue Reading Social Media Advertising Tools And User Consent: What Are The Requirements?

On November 13, I had the honor of providing a lecture on Cyberlaw to students at the Boston College Law School. Virtually, of course. I had been asked to talk about trends in Cyberlaw with a specific focus on issues related to intellectual property.

So what is Cyberlaw? Simply put, it is the “Rules of the Road” for the “information superhighway.” Cyber law is the law that governs rights, obligations and remedies of people and transactions conducted over global computer networks.

In a year that has seen hyperbolic growth in technology, commerce, and communications, this topic couldn’t be more timely.
Continue Reading What Is Cyberlaw?

COVID-19 is changing consumer behavior in important and probably permanent ways. This is why marketers should take notice.

Sparked by the coronavirus pandemic, consumer and business e-commerce transactions accelerated the ongoing shift toward online commerce. This enables even more marketing opportunities that create real time connections with customers. From pink ribbons to Product Red, social feeds are full of calls to support those in need. In this way, online cause marketing can drive “consumption philanthropy” replacing mindless buying with virtuous action. Tying cause-worthy buying with the latest ecommerce boom creates new opportunities for marketers.

However, before turning your blog, social media…
Continue Reading COVID-19 is changing consumer behavior in important and probably permanent ways.

A client was asking “is it necessary to fill out all the paperwork to register a design even though the law says you already own it?”
It’s a good question. Technically, under the Copyright Act as amended in 1976, the author (creator) of a work owns the copyright. The 1976 Act states that copyright protection extends to original works that are fixed in a tangible medium of expression. This wording broadens the scope of federal statutory copyright protection from the previous “publication” standard to a “fixation” standard. No further action is necessary. Under previous versions of the law, there were…
Continue Reading Is It Necessary To Register A Design Copyright?

Looking for Business Opportunities Ahead of the Economic Fallout
In this difficult time of staying at home, people may be looking to buy or sell a business. We have all been impacted in different ways, each of which may be a reason to make a change. Traditional reasons people exit a company arise because of changing economic conditions, a tragic family event, a loss of passion, or simply the desire to retire. At the same time, buyers may be seeking to expand in a sector or industry, add talent, enlarge the customer base, or acquire technologies or resources that can…
Continue Reading Why Now is the Time to Buy or Sell a Business

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The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 and went into effect in 2020. Among many concerns about the ability of small businesses to comply with obligations imposed by the CCPA is the requirement that a company allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted.  Your clients may be asking you about the CCPA.  While each business should evaluate the law in terms of its own specific situation, here are some general guidelines to start the process.
Does the…
Continue Reading Does My Business Need A “Button” To Comply With The CCPA’s Do Not Sell Rule?

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The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 and will go into effect in 2020. Among many concerns about the ability of small businesses to comply with obligations imposed by the CCPA is the requirement that a company allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted.  Whether or not your practice involves regular questions of Privacy Law, your clients may be asking you about the CCPA.  By keeping data minimization objectives in mind and not over-thinking compliance…
Continue Reading Privacy Law – How Do You Verify the Identity of a Data Requestor?

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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…
Continue Reading Choosing the Right Legal Entity for Your Business – Webinar

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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…
Continue Reading Declaratory Judgment Action for Copyright Infringement

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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…
Continue Reading Illinois Amends the Freedom From Location Surveillance Act

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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…
Continue Reading Copyright Must Read: SKIDMORE V. LED ZEPPELIN reversed, remanded for prejudicially erroneous Jury Instructions.

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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…
Continue Reading Illinois law and enforceability of postemployment restrictive covenants

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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…
Continue Reading Recent Court Decisions Provide Some Clarity in Ever-changing Techlaw Landscape

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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 
Continue Reading David Adler continues focus on Cyber Security Conferences

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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…
Continue Reading Technology, Innovation and the Law