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"Generally the U.S. Supreme Court does not understand patent technology, so rulings are not very predictable," said Peter S. Vogel, a partner atGardere "Most complex technology disputes are confusing to the Supreme Court, and this will be no exception," he told the E-Commerce ...

Laws usually are established after interpersonal or business activities collide with the real or perceived rights of others. After parties with different positions fight about who's right and who's wrong, legislatures create laws to solve the legal issues raised, and courts enforce them or create their own (Miranda rules, for example) ...

Before the Internet, messages were spread by television and newspaper ads and highway billboards. Today that is done through social media. Virtually everyone knows about it, and many people use it. Does it make any sense that a U.S. government agency could violate any laws for using social media to carry out its mission? ...

Not a day passes without mention of the Internet of Things in the media, as it appears to expand exponentially ...

The highest court in the EU last year ordered Google to allow individuals there to request that certain specific information not be reported in Google search engine results, citing their "right to be forgotten." ...

Hardly a day goes by without a headline about a cyberintrusion. No entity is immune -- international retailers, airlines, hotels, mom and pop stores, cloud providers -- even the U.S. government. However, it seems that few businesses contemplate how important it is for their attorney to know and understand cybersecurity, as well as know what to do when a cyberintrusion occurs. ...

Sometimes before new employees leave their jobs to join your company, they copy valuable company secret information onto portable thumb drives or they send that information to their personal webmail accounts ...

With the ever-increasing use of the cloud by more and more businesses, there is good reason to be concerned about legal risks, which are an inherent part of the cloud. The term "cloud" may be relatively new, but the concept of remote computing started more than 60 years ago, when Dartmouth University first launched "time-sharing," as I wrote in a 2011 E-Commerce Times column, entitled "Cloud Computing - New Buzzword, Old Legal Issues."

Lawyers help their clients as they negotiate confidential business transactions, hold intellectual property, manage funds and litigate disputes, among many other business activities. In the ordinary course of business, lawyers also maintain numerous confidential documents and data of and about their clients ...

We see it all the time: a glowing 5-star comment on Yelp about our favorite neighborhood restaurant. At first glance, it looks authentic. However, what if the review actually were purchased by the restaurant? Would that change your perspective on the review or the restaurant? ...

Almost every day there are reports of cyberintrusions, attacks and related security breaches. If your company does not have the right insurance, it could be even more of a disaster. For example, according to regulatory filings, at the time of Target's cyberbreach in 2014, it had about US$100 million in insurance coverage with a $10 million deductible, but that did not even make a dent in the estimated losses of $1 billion...

Malware is running rampant on the Internet, affecting smartphones, tablets and personal computers. Relatively new malware allows bad guys to encrypt devices until a ransom is paid. Usually the ransom is required in bitcoin, rather than U.S. currency, as it cannot be traced. ...

Does anyone really think that we have any privacy? Probably not. Between GPS tracking and our favorite app, most of us gave up on privacy long ago. ...

LinkedIn has been a wildly successful social media business site for many years. It provides a free platform for millions of members to share professional experiences and for businesses to promote themselves ...

The resulting dissemination of what could be nude photos of minors adds another wrinkle to the breach, said Peter S. Vogel, a partner with Gardere Wynne Sewell. Clearly the hackers have violated numerous security and privacy laws and statutes. If they can be identified and,...

Using personal devices to conduct business has become commonplace, whether employers require it or employees voluntarily do so. The use of personal devices creates a privacy challenge. Employers want access to the devices, and employees want to protect the personal data contained on them ...

Can an automated Google feature that ostensibly helps users with a search be a basis for libel? Courts in Germany, Italy and Hong Kong have had to field that question. ...

Looking for evidence of disability fraud, the district attorney for Manhattan (New York County), in July 2013 obtained 381 search warrants, supported by a 93-page affidavit, and served them on Facebook as part of a long-term investigation into a massive scheme ...

The conventional wisdom of the Internet is that everything posted, whether on social media, a website or anywhere else, will be on the Internet forever. That conventional wisdom was just challenged successfully in a recent ruling handed down by the EU's highest court. A new conventional wisdom may arise from that ruling -- that we have a "right to be forgotten."

The Internet of Things, or IoT, consists of "uniquely identifiable objects and their virtual representations in an Internet-like structure," according to Wikipedia. ...