David Gryce's IP BlogA deer in the headlights. That is how one may feel when crafting a transaction to take a business into a new market, negotiating a myriad of details and looking to finalize the transaction documents, only to find someone else has acquired the intellectual property needed to support the expansion. Take international distribution agreements and [...]
Illinois has upgraded its statutory framework for protecting non-public personal information (NPI). HB3025, which takes effect in 2012, amends Illinois Public Act 097-0483 (the Personal Information Protection Act) to cause Illinois to join a small but growing group of states attempting to impose more specific or enhanced data security, information disposal, and breach notification provisions on those who collect and/or store [...]
On July 27, 2011, the Washington D.C. Chapter of the Copyright Society assembled a panel to debate critical copyright issues framed in the Viacom v. YouTube appeal before the US Court of Appeals for the Second Circuit. For details, see http://www.csusa.org/chapters_dc_area.cfm. This is a war of epic proportions. Depending on what side is speaking - and believe me there are [...]
When thinking about intellectual property, it is easy to get lost in the detail. Almost everything in the commercial world has an IP aspect to it: web content is awash in copyrights; product labels are replete with trademarks; technological advances are adorned with patent numbers; and EVERY business has its trade secrets. Moreover, every form of IP [...]
In case you missed it, 4.9 million patients had their personal health information compromised between September 2009 and September 2010. Nearly every state has a data security/data breach notification law. Massachusetts took it one step further and replaced the common “reasonable” data security standard with a detailed standard. And what does Colorado have in mind [...]
The traditional music business model has centered around major labels providing distribution channels for the commercialization of music. With digital reproduction and distribution through the Internet either by way of downloading or streaming, as well as the proliferation of the means of reproduction, the labels no longer control all meaningful distribution channels and the means by which consumers experience music. Music to which consumers [...]
Drafters of contracts often tend to copy and paste boilerplate provisions into contracts with little, if any, thought about why. For example, virtually every contract has a boilerplate clause that addresses the ability to sever unlawful, invalid, or unenforceable provisions while preserving the balance of the operative terms. But is it important to include such a [...]
Mediation is a problem-solving undertaking typically used to resolve disputes. That process involves a facilitator, who assists the disputing parties design a solution through a collaborative process premised upon serving the disputing parties’ respective interests. The fundamental operative characteristics of mediation are collaboration and interest-based problem-solving. These fundamental characteristics can afford parties important opportunities in negotiating contracts. We are all too used [...]
Fairness! What a concept! One might say,”You get what you pay for!” And indeed, that is a fundamental of licensing – the exchange of consideration. Is consideration merely how much one pays? The answer is a resounding,”No!” In fact, much of the exchange of consideration in licensing comes in the form of the allocation of [...]
Today’s mantra: Do more for less! The efficiency of on-demand resources, like just-in-time inventory control, is the premise and allure of cloud computing. Before entering into a relationship with a vender providing solutions “in the cloud,” consider employing these five due-diligence questions. 1. Where are the servers that will supply the capacity the solution vender promises? Where the [...]
