Yesterday the European Union and the United States finalized a “Privacy Shield” agreement which enables companies to exchange personal data between the EU and US without violating the EU’s stricter privacy laws (last year the “Safe Harbor” policy was overturned by an EU court due to insufficient privacy protections for EU citizens.). Under this agreement, the US government monitors compliance by US companies, EU citizens can seek redress in US courts if they believe their privacy is being violated by a US company, and the US government had to guarantee that they weren’t secretly collecting data on EU citizens. The full “fact sheet” is here: http://ec.europa.eu/justice/data-protection/files/factsheets/factsheet_eu-us_privacy_shield_en.pdf
-Joshua D. Waterston, Esq.
April 12, 2016 – In the wake of headlines detailing cyber-breaches at some of the most prominent law firms in the U.S., the President of the American Bar Association this morning sent a letter to its members, advising that from now on we will receive FBI Amber Alerts with intelligence that warn of cyber-threats to the legal industry.
Since 1894, Underwriters Laboratories (UL) have been providing safety certification for products, especially those with electrical cords. On April 5, 2016, they announced that they’re extending their reach to cybersecurity. UL will test and certify products that are increasingly becoming elements of the Internet of Things.
“The Third Wave is the era when the Internet stops belonging to Internet companies. It is the era in which products will require the Internet, even if the Internet doesn’t define them. It is the era when the term ‘Internet-enabled’ will start to sound as ludicrous as the term ‘electricity-enabled,’ as if either were notable differentiators.”
I’m breaking my arm patting myself on the back … at least for being quick on the draw.
I was able to come up with an additional answer to the following question, moments after it was posted on Avvo.com:
Q: Can I use mythological creatures on a card game?: Are mythological creatures, such as chimeras, wyverns, cerberus, mermaids, spirits, dragons, etc. of public domain? What I mean with this is, may I use this concepts on a card game without facing any possible sues for trademark or copyright infringements based on the character concepts?
Considering the artwork won’t be exact copies of any existing card game or illustration made before. Just the concept like: dragon.
A couple of other lawyers had already responded within minutes, but brownie points were available for a third answer if provided immediately. I recalled an excellent article about a successful copyright infringement defense that I’d read years ago in The Philadelphia Lawyer. And I recalled that Art’s firm had posted the article on the Web. So I immediately found the link to it and posted:
A: Gerry’s answer: This was a good question, and attorneys Jacobson and Michelen provided some good answers.
From a copyright standpoint, you want to minimize the likelihood that you’d be creating a “derivative work.”
See this article by attorney Art Seidel http://www.drinkerbiddle.com/Templates/media/files/publications/2001/a-case-of-variations-on-a-theme.pdf
It tells the story of how he successfully defended a claim that a particular artist had created a “derivative work” depicting cardinal birds from a copyrighted work that the artist had previously sold to the Franklin Mint.
If you haven’t already read Art’s story, now’s a good time to enjoy it. What a brilliant litigator he was!
Gerry Elman and Josh Waterston presented cybersecurity seminar at Delaware County Bar Association on Feb. 24, 2016
Here is the announcement we posted for the event:
We are proud to announce that Elman Technology Law attorneys Gerry Elman and Joshua Waterston will be presenting the legal seminar “Cybersecurity Ethical and Legal Challenges: How to Protect your Clients and Your Firm” at the Delaware County Bar Association on Feb. 24 from 12 p.m. to 2 p.m. (2 CLE credits: 1 substantive + 1 ethics). Come be informed and entertained by our knowledgeable and interesting panelists.
To register, click here for the DCBA registration page.
DELAWARE COUNTY BAR ASSOCIATION CLE SEMINAR
WEDNESDAY, FEBRUARY 24, 2016
“CYBERSECURITY ETHICAL AND LEGAL CHALLENGES: HOW TO PROTECT YOUR CLIENTS AND YOUR FIRM”
Bring your own brown bag lunch and beverage
Presenters: Gerry J. Elman, Esquire and Joshua D. Waterston, Esquire of Elman Technology Law. Joshua Marpet of Guarded Risk. Robert Wilner of Prevalent.
Law firms are treasure troves of sensitive information about their clients and themselves. This seminar will enable you to confront today’s increased cybersecurity threats, comply with heightened legal and ethical requirements, and keep your clients’ information and your law firm’s information confidential and secure. Topics will include: 1) compliance with PA’s requirement to understand the benefits and risks of technology you use; 2) tips to identify and secure sensitive information about your clients and your law firm itself; 3) compliance with data breach notification laws and updated HIPAA requirements; and 4) how to minimize your financial and legal risk from a data breach or data loss.
REGISTRATION: 11:30 a.m. – 12:00 p.m.; SEMINAR TIME: 12:00 p.m. – 2:00 p.m.; COST: $75.00 for DCBA Members; $95.00 for Non-Members of the DCBA;
WORTH: 2.0 CLE Credit Hours (1.0 Substantive Law and 1.0 Ethics CLE Credit Hours)