Most outsourcing contracts that I see contain a step-in right for the customer. Generally, a step-in right allows the customer to take over the outsourced operations if the supplier cannot or does not perform, and then “step out” when the supplier demonstrates that it will meet its contractual obligations. How…
It has been said for some time that data is the new oil, but many global organizations continue to struggle to comply with regulatory requirements when it comes to the exploitation of this valuable resource. A recent worldwide audit of over 2,000 websites, coordinated by the Global Privacy Enforcement Network…
Let’s quickly revisit the scenario we’ve been following through our first two installments. That is, you are a CIO faced with a decision on whether or not to enter into an “enterprise” or an “unlimited” license arrangement with a major software publisher. With the first installment, we explored the scope…
Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels (e.g., web, social media, catalog and in-store sales) and enable more targeted and effective marketing to consumers. Database marketing encompasses a potentially broad array of services, including: • Implementation…
There are a number of important reforms being made to UK employment law this year, largely due to the enactment of the Enterprise and Regulatory Reform Act 2013 (“ERRA”). Many of the reforms under ERRA are being implemented over a period of time from 2013 and beyond, following a period…
We recently posted a three-part series on BYOD issues in this blog. A primary theme was the inherent tension between employer control and employee privacy in a BYOD environment. In a recently reported case out of the Northern District of Ohio (Lazette v. Kulmatycki), the courts had an opportunity to…
This article was originally published in the July 22, 2013 issue of Texas Lawyer. The constant threat of cyberattacks presents many and varying challenges for businesses. Insurance provides one way to deal with them. Because the market for insurance covering these risks and the law interpreting these policies both continue…
On July 24th, 2013 the Massachusetts legislature passed An Act Relative to Transportation Finance (“the Act”), which, among other things, makes “computer system design services and the modification, integration, enhancement, installation or configuration of standardized software” taxable services under the Massachusetts sales and use taxes. Under the Act, “Computer system…
Today the European Commission unveiled its legislative package to adapt the EU payments market to the opportunities of the single market and to support EU economic growth . The package includes a proposal for a cap on multilateral interchange fees (MIFs) for card-based payment transactions. MIFs are set by credit-card…
Jim Gatto and James Chang recently published “Mobile Privacy Practices: Recent California developments indicate what’s to come” in the June issue of Computer Law Review International. The use of mobile applications has seen huge growth in the past few years. As the use of apps become increasingly commonplace, social concerns…