Defining Occurence In Insurance Policies

A basic risk management tool for just about any kind of organization is its liability insurance coverage.  Despite its ubiquity, however, some fairly basic provisions of a liability insurance policy, such as its definition of an occurrence, can still yield unpleasant surprises,
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Beware Spear-Phishing on LinkedIn and other Social Media

In speaking on a panel regarding data security for the Institute of Internal Auditors last week, I became aware of a new type of security threat
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Update Trademark Registrations to Reflect New Technology

If you have trademark registrations for technologies that are now outdated, you may be eligible to participate in a new US Trademark Office program to update your registrations. Here are some examples: – Let’s say your company makes videos, and your registrations say “videotapes
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A New Era Dawns in EU Data Protection: Coming Attractions under the GDPR

The European Commission issued an announcement yesterday of its agreement with the other two major government actors within the EU to adopt a new General Data Protection Regulation (“GDPR”) to govern data protection and data security issues throughout the EU. Intended to completely re
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Branding in a Disruptive World

The Internet presents endless marketing opportunities and challenges. Not only does it lower the barrier to entry for new market entrants, it also challenges large, well-known companies to keep their business models relevant. Many of today’s most popular brands were built at meteoric
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A Sigh of Relief…But Should it Be?

While we all may have breathed a sigh of relief with the explanation that last week’s stoppage of the stock market was a result of a glitch in a computerized system and not a cyber attack by powers foreign or domestic, nevertheless this event should remind all of us, but particularly
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FTC Tells Business “Start With Security”

This scary symbol for computer virus marks the Federal Trade Commission’s new “Start with Security: A Guide for Business” issued on June 30, 2015. The Guide reviews over 50 data security enforcement settlements and provides lessons learned for business from those cases.
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California Resale Royalty Act Can’t Apply Outside California

The major art auction houses’ spring sales in New York yielded a record US$2.5 billion in May, but not one penny of it will go to artists as resale royalties under California’s nearly 40-year-old Resale Royalty Act. On May 7, the en banc U.S. Court of Appeals for the Ninth Circuit
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New Data Breach Laws Expand Covered Data

Nearly all states have data breach laws requiring businesses holding certain types of consumer personal data to notify affected persons when there is a breach or suspected breach. As consumers are barraged seemingly on a weekly basis with news reports of yet another breach, what trend
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DOES SEC GET AN A+ IN HELPING BUSINESSES RAISE CAPITAL?

The U.S. Securities and Exchange Commission (SEC) recently adopted long-awaited amendments to Regulation A to implement a section of the JOBS Act that requires the SEC to adopt rules exempting from the registration requirements of the Securities Act offerings of up to $50 million
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Am I Operating a Franchise?

This seems like a simple question.   Am I running a McDonalds or a Best Buy? Easy, right?   As a franchisee (an operator of a franchise) it’s fairly simple to answer. But if you own your own business and are keen to expand using a strategy that includes licensing of your brand, even
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Supreme Court expands burden-shifting analysis under Pregnancy Discrimination Act

Since becoming law, the Pregnancy Discrimination Act (PDA) has caused employers to fear that any employment-related issue affecting a pregnant woman could result in a discrimination lawsuit.   Indeed, many employers went so far as to treat pregnant employees better than other employee
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