Business

Five Recommendations When Developing Work-from-Home Policies

By / March 25, 2020

As positive-cases continue to rise, and more Americans are heeding officials’ requests for increased “social distancing” (or “physical distancing“), many businesses are transitioning work from the office to employees’ homes.  As teleworking becomes a new norm in American life, here are a few recommendations in developing your business’s work-from-home policies. Establish a Clear Telework Plan & …

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FTC Request for Public Comments on Endorsement Guides in Advertising

By / March 19, 2020

The Federal Trade Commission is considering whether to make changes to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (aka the Endorsement Guides) and they want to hear from you.  As the name suggests, the Endorsement Guides are guidelines for businesses and marketers using endorsements in advertising. Their purpose is to help …

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CCPA Regulations Update from February, 2020

By / April 8, 2020

Much to businesses’ delight, the California Attorney General’s Office released an updated draft of its CCPA regulations on February 10, 2020. In attempts to un-muddy the waters, the new version of the regulations attempts to clarify definitions and notice requirements as well as provides examples for the mandated practices. The following updates are regulations gaming …

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What are reasonable data security procedures under the NY SHIELD Act?

By / December 9, 2019

This March, companies who are in the business of collecting data from New York residents will be responsible for ensuring that data is protected by reasonable security procedures.  Last July, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (“the SHIELD Act” or “the Act”). The SHIELD act made three …

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Why do lawyers not sign NDAs?

By / November 27, 2019

Lawyers are regularly asked to sign non-disclosure agreements (NDAs). But typically, we don’t sign them. Why is that? It’s redundant Lawyers are already bound by ethical rules and stipulations for not disclosing confidential information that a client has shared with us. This is what’s called the attorney-client relationship and it is protected by attorney-client privilege. …

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What New York’s New Data Breach Notification Law Means for Interactive Media Companies

By / November 20, 2019

Last July, consumer-rights advocates rejoiced when the New York State Assembly passed the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act). Following a nationwide trend to strengthen online consumer protections, the SHIELD Act made three major changes to the state’s data breach notification law. These changes directly impact businesses that collect personal …

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New updates with FTC disclosures

By / November 12, 2019

The FTC recently came out with a new guidance piece directed specifically at social media influencers. The brochure, “Disclosures 101 for Social Media Influencers,” is housed on a new “influencers” page on the FTC site that also features three videos highlighting information from the brochure.   Section 5 of the Federal Trade Commission Act prohibits, among …

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What to Consider When Protecting Trade Secrets

By / November 6, 2019

The video game industry thrives on secrets. Game reveals, licensing deals, budgets and more are closely guarded aspects of the business that are part of a company’s larger operational strategy. Games, especially large blockbusters, are also made by teams of people. The more people that know a secret, the harder it is to keep. That’s …

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The Pros (and Cons) of Keeping Terms of Service Language Broad

By / October 29, 2019

If a company operates a service, it’s a good idea to establish rules for how users will interact with it. Having a Terms of Service (TOS), a document that every user sees and must agree to when registering for an account (free or paid), is an effective way to protect a company and service. While …

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