Blog

https://www.technologylawsource.com/

Porter Wright’s Intellectual Property, Technology, Privacy & Data Security, and Social Media attorneys bring together concepts that cut across traditional intellectual property lines, addressing both evolving technologies and concerns about privacy and data security. We have a long history of service with traditional concepts and protection of intellectual property through patents, trade secrets, trademarks, and copyright. We have brought our experience and knowledge and applied it in the ever moving technology landscape, from traditional mainframe applications to software as a service (SaaS), cloud computing, and Internet based access to systems used by businesses to run their businesses.

Recent Blog Posts

  • OFAC updates guidance on ransomware payments and sanctions risk By Matthew Lapin and Kevin Scott   On Sept. 21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. This updated guidance, taken in conjunction with OFAC’s recent sanctions designation of a cryptocurrency payment exchange frequently used for ransomware payments, and other ongoing regulatory legislative efforts to address ransomware attacks, further highlights the whole of government effort by the United States... More
  • September Privacy and Security Roundup: Funding national cybersecurity, violating Safeguards Rule and fighting cyber threats By Kevin Scott and Donna Ruscitti   Not only are public and private companies increasingly targeted for cyber-attacks, but local and state governments across the country are as well. In our latest Privacy and Security Roundup, we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more. RECENT DEVELOPMENTS An opportunity... More
  • Privacy and Security Roundup: New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield By Kevin Scott and Donna Ruscitti   More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup, we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI. Recent Developments A new comprehensive consumer privacy law On July 8, 2021 Colorado became the third state to enact a comprehensive privacy law... More
  • New standard contractual clauses adopted by the European Commission By Katja Garvey   On June 4, 2021, the European Commission (EC) adopted a modernized set of standard contractual clauses for international data transfers (New SCCs) aimed at better protection of the data businesses transfer out of the European Union (EU). These New SCCs, which will take effect on June 27, 2021, will replace the standard contractual clauses that were adopted under the former EU Data Protection Directive in 2001, 2004 and 2010 (Previous SCCs). The New SCCs were eagerly awaited due to... More
  • Privacy and Security Roundup: Ransomware attack causes gasoline shortages, a new executive order to enhance cyber security and raising the stakes for trans-Atlantic data transfers By Kevin Scott and Donna Ruscitti   The past few weeks have provided some big developments in the area of data privacy and security. In this Privacy and Security Roundup, we cover a ransomware attack on the largest oil pipeline in the U.S., an Executive Order from President Joe Biden to enhance U.S. cybersecurity and potential mandatory reporting/sharing requirements, the U.S. Supreme Court weighing in on the Federal Trade Commission’s ability to seek monetary relief, and more. Recent Developments FBI confirms ransomware attack on... More
  • Privacy and Security Roundup: The FBI removes malicious web shells from Microsoft Exchange Servers, clarity on auto-dialers and new privacy legislation By Kevin Scott and Donna Ruscitti   The technology industry is constantly evolving and trusted legal advice is more important than ever. The attorneys in our Privacy and Data Security practice group are proud to offer a new blog series to provide curated data privacy and security news, developments and things to know moving forward. We will provide analysis designed to keep you and your organization up to speed. Our first roundup includes news on the FBI removing malicious web shells from Microsoft’s... More
  • Google v. Oracle: Use of copyrightable computer code is a fair use By Rick Mescher   In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing platform originally developed by Sun Microsystems, Inc., which was acquired by Oracle America, Inc. in 2009. Java is popular and widely used in many applications such as laptops, game consoles, supercomputers, mobile phones and websites because it provides... More
  • A different approach—Virginia’s Consumer Data Protection Act By Kevin Scott   With Virginia Gov. Ralph Northam’s signature on March 2, 2021, Virginia, a bit surprisingly, became the second state to set comprehensive rules for how companies handle and share personal information. Virginia’s Consumer Data Protection Act (CDPA) will go into effect on Jan. 1, 2023, incidentally the same day as the California Privacy Rights Act (CPRA), a ballot measure that will strengthen the landmark California Consumer Privacy Act (CCPA). While Virginia’s CDPA and California’s CCPA share several features, each... More
  • More states tackling biometric privacy: New York’s version of BIPA reintroduced By Porter Wright   To start the year, New York lawmakers reintroduced the Biometric Privacy Act – Assembly Bill 27. The bill closely mirrors Illinois’ Biometric Information Privacy Act (BIPA), which has spawned compliance changes and hundreds of class action lawsuits, with some resulting in multimillion dollar settlements. Of note, like BIPA, the draft New York law permits a private cause of action with penalties of $1,000 to $5,000 per violation for private entities that violate the law’s provisions related to collecting, using,... More
  • Avoiding smart contract conflicts despite ambiguity By Andy Foreman   A version of this article was originally published by Law360 on Oct. 21, 2020. Depending on whom you ask, the promise of smart contracts ranges from the mundane to the fantastic—from helping to “facilitate, verify, execute and enforce the terms of a commercial agreement”[i] to ushering in the end of contract law by providing a technological alternative to the legal system.[ii] Smart contracts have already been used in connection with real estate transactions,[iii] bank bonds,[iv] interbank transfers,[v] invoice financing,[vi]... More