Top Ten IT Legal Issues for the Enterprise

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Top Ten IT Legal Issues for the
Enterprise
Brad Frazer
bfrazer@hawleytroxell.com
208.388.4875
@bfrazjd
INTERFACE Boise
September 5, 2013

Introduction
• Legal and IT Inextricably Combined
• Issue Spotting Guide
• Key Take-Aways (“KTAs”) on each
slide
• Objective: to help you have
defenses when your company get
sued

BYOD/Mobility
• Threats: Increased opportunities
for mischief. Examples: warranties,
contract terms, SoMe
• KTA: Top-down employee control
via HR, IT and Legal

Privacy
• Threats: Disclosure of PII
• Caveats: HIPAA, GLB, COPPA
• KTA: Know relevant regulatory
environment; implement and
follow policies

Big Data and Data Ownership
• Threats: Who owns the data?
• Why do you care? $$$$$
• KTA: Clear policies regarding data
ownership; ties in to Privacy Policy

Social Media Policies
• Threats: Defamation, trademark
infringement, copyright
infringement
• KTA: DNMYWGS, but creates a
defense

Cloud/SAAS Versus Traditional
Licensing
• Threats: Not knowing what you
have creates operational, merger,
exit difficulties
• KTA: Is it a license or a
subscription agreement? They are
different!

Document Retention/Destruction
• Threats: Litigation!
• KTA: Think of it as a document
destruction policy and follow it
scrupulously!

The Idaho Cloud Services
Clarification Act
• Threats: Sales and Use Taxes on
Cloud-based Services
• KTA: New legislation defines cloud
services as “not software”

Data Backup and Security
• Threats: Regulatory violations;
litigation
• KTA: Don’t promise what you
cannot deliver (contracts, SLAs)

In-Bound Enterprise Licensing
• Threats: “It doesn’t work!” OR,
Audit letter from, e.g., BSA
• KTA: (1) Deliverables-based
payments; (2) stop the click-wrap
madness; (3) license awareness!

Data Breach
• Threats: Regulatory smack-down
(states vary)
• KTA: Know your regulatory
environment and comply
religiously; employee policies
regarding hacking

Bonus Topic!
New gTLDs
• Threat: You are Nike, and you do
not own Nike.shoes
• KTA: Trademark Clearinghouse
and Sunrise Periods

Conclusion
All of these are legal exposures and
issues for the enterprise, and at some
point, IT is implicated.

www.hawleytroxell.com
THANK YOU!
Brad Frazer
bfrazer@hawleytroxell.com
208.388.4875
@bfrazjd

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1. Top Ten IT Legal Issues for the Enterprise Brad Frazer bfrazer@hawleytroxell.com 208.388.4875 @bfrazjd INTERFACE Boise September 5, 2013

2. Introduction • Legal and IT Inextricably Combined • Issue Spotting Guide • Key Take-Aways (“KTAs”) on each slide • Objective: to help you have defenses when your company get sued

3. BYOD/Mobility • Threats: Increased opportunities for mischief. Examples: warranties, contract terms, SoMe • KTA: Top-down employee control via HR, IT and Legal

4. Privacy • Threats: Disclosure of PII • Caveats: HIPAA, GLB, COPPA • KTA: Know relevant regulatory environment; implement and follow policies

5. Big Data and Data Ownership • Threats: Who owns the data? • Why do you care? $$$$$ • KTA: Clear policies regarding data ownership; ties in to Privacy Policy

6. Social Media Policies • Threats: Defamation, trademark infringement, copyright infringement • KTA: DNMYWGS, but creates a defense

7. Cloud/SAAS Versus Traditional Licensing • Threats: Not knowing what you have creates operational, merger, exit difficulties • KTA: Is it a license or a subscription agreement? They are different!

8. Document Retention/Destruction • Threats: Litigation! • KTA: Think of it as a document destruction policy and follow it scrupulously!

9. The Idaho Cloud Services Clarification Act • Threats: Sales and Use Taxes on Cloud-based Services • KTA: New legislation defines cloud services as “not software”

10. Data Backup and Security • Threats: Regulatory violations; litigation • KTA: Don’t promise what you cannot deliver (contracts, SLAs)

11. In-Bound Enterprise Licensing • Threats: “It doesn’t work!” OR, Audit letter from, e.g., BSA • KTA: (1) Deliverables-based payments; (2) stop the click-wrap madness; (3) license awareness!

12. Data Breach • Threats: Regulatory smack-down (states vary) • KTA: Know your regulatory environment and comply religiously; employee policies regarding hacking

13. Bonus Topic! New gTLDs • Threat: You are Nike, and you do not own Nike.shoes • KTA: Trademark Clearinghouse and Sunrise Periods

14. Conclusion All of these are legal exposures and issues for the enterprise, and at some point, IT is implicated.

15. www.hawleytroxell.com THANK YOU! Brad Frazer bfrazer@hawleytroxell.com 208.388.4875 @bfrazjd