Many hosting companies are concerned about the time, effort and complexity involved in getting their legal house in order. Significant misconceptions about litigation, contracts and abuse often keep these businesses from taking even basic steps to protect their businesses. In this session experienced technology lawyers, David Snead and Jeff Gordon, will help companies learn how to create and structure their business in a way to minimize legal costs and enhance the value of their company.
Management Of Contracts The D Os, Dontsutkarshjani
Most of the companies regulalry enter into complex contracts but seldom give due imporantance on effective management of the said contract. Here are some effective tools for the same
The second phase in hosting was exemplified by a shift to a broader set of services in the mass-market, driven by virtualization and automation... the foundation for what will become hosting 3.0, or the next phase in cloud computing. However, the hosting market is simultaneously splintering between public, private and enterprise cloud solutions, creating larger challenges for hosting providers to facilitate to these disparate needs. This brings with it a decision point for hosters: what is needed to adequately compete? How to create cost effective yet resilient and secure infrastructure solutions? Where to invest, who to acquire or how to be acquired? Join Antonio as he describes the State of the hosting industry, the simultaneous looming threats and opportunities that Cloud computing brings to the hosting market, and how to deal with them.
Situation Normal, Everything Must ChangeHostingCon
In today’s computing world, it can often feel like we are drowning in wave after wave of new trends. This sea of concepts are simply the evolution of our industry from a product to a service based economy. Using the example of cloud computing, this talk will examine the evolution of technology, the management challenges this brings, why the modern firm needs both order and chaos and how it’s always a case of “situation normal, everything must change”.
With the increasing usage of smart phone devices (iPhone, Android, Blackberry, Nokia and tablet devices) among system administrators and datacenter workers to manage their deployment footprint, many trends can be observed by looking into usage patterns of these workers to find identify inefficiencies for further improvements. Caleb take an in-depth look into both industry patterns as well as usage trends in order to figure out what is grabbing user attention in the hosting industry.
Strong Host Security Policies are Good BusinessHostingCon
Inevitably, the actions of some clients create legal issues that need to be addressed by hosts quickly and cost effectively. It is essential to have good hosting policies and procedures in place to deal with the legal and regulatory issues arising from operating a hosting business. Failure to implement good hosting practices can be disruptive and expensive for both hosts and their clients. Hosts must deal with a variety of law enforcement issues over time, ranging from cyber-crime to potential law suits.
Unlocking the Cloud -- The Case for Open StandardsHostingCon
The cloud era calls for industry standards, but hundreds of cloud hosting providers and proprietary technology platforms have divided the market. How do we create a common, open cloud platform that both hosting providers and enterprises can freely leverage? In this session, you will hear from both an enterprise user and hosting provider who are deploying OpenStack, the massively scalable, open source cloud operating system and emerging open industry standard.
Jim Curry, GM of Rackspace Cloud Builders, will kick off the session with a brief update on OpenStack, the fastest growing open source cloud community, and then introduce two real-world users who will each share their use case with OpenStack. Troy Klein, Staff Hosting Engineer for Sony Computer Entertainment America, will discuss his experiences rolling out an OpenStack private cloud proof of concept and evaluating alternative cloud solutions. Ben Cherian, GM of Emerging Technologies at DreamHost, will also share how his company is leveraging OpenStack and participating in the open source community.
The objectives of this seminar were to:-
Enable project professionals to reach contract close quicker with a superior contract in place.
Assist project professionals to interpret and manage contracts with more vigour.
De-mystify legal terminology.
Enable project professionals to brief and constructively challenge their lawyers.
Management Of Contracts The D Os, Dontsutkarshjani
Most of the companies regulalry enter into complex contracts but seldom give due imporantance on effective management of the said contract. Here are some effective tools for the same
The second phase in hosting was exemplified by a shift to a broader set of services in the mass-market, driven by virtualization and automation... the foundation for what will become hosting 3.0, or the next phase in cloud computing. However, the hosting market is simultaneously splintering between public, private and enterprise cloud solutions, creating larger challenges for hosting providers to facilitate to these disparate needs. This brings with it a decision point for hosters: what is needed to adequately compete? How to create cost effective yet resilient and secure infrastructure solutions? Where to invest, who to acquire or how to be acquired? Join Antonio as he describes the State of the hosting industry, the simultaneous looming threats and opportunities that Cloud computing brings to the hosting market, and how to deal with them.
Situation Normal, Everything Must ChangeHostingCon
In today’s computing world, it can often feel like we are drowning in wave after wave of new trends. This sea of concepts are simply the evolution of our industry from a product to a service based economy. Using the example of cloud computing, this talk will examine the evolution of technology, the management challenges this brings, why the modern firm needs both order and chaos and how it’s always a case of “situation normal, everything must change”.
With the increasing usage of smart phone devices (iPhone, Android, Blackberry, Nokia and tablet devices) among system administrators and datacenter workers to manage their deployment footprint, many trends can be observed by looking into usage patterns of these workers to find identify inefficiencies for further improvements. Caleb take an in-depth look into both industry patterns as well as usage trends in order to figure out what is grabbing user attention in the hosting industry.
Strong Host Security Policies are Good BusinessHostingCon
Inevitably, the actions of some clients create legal issues that need to be addressed by hosts quickly and cost effectively. It is essential to have good hosting policies and procedures in place to deal with the legal and regulatory issues arising from operating a hosting business. Failure to implement good hosting practices can be disruptive and expensive for both hosts and their clients. Hosts must deal with a variety of law enforcement issues over time, ranging from cyber-crime to potential law suits.
Unlocking the Cloud -- The Case for Open StandardsHostingCon
The cloud era calls for industry standards, but hundreds of cloud hosting providers and proprietary technology platforms have divided the market. How do we create a common, open cloud platform that both hosting providers and enterprises can freely leverage? In this session, you will hear from both an enterprise user and hosting provider who are deploying OpenStack, the massively scalable, open source cloud operating system and emerging open industry standard.
Jim Curry, GM of Rackspace Cloud Builders, will kick off the session with a brief update on OpenStack, the fastest growing open source cloud community, and then introduce two real-world users who will each share their use case with OpenStack. Troy Klein, Staff Hosting Engineer for Sony Computer Entertainment America, will discuss his experiences rolling out an OpenStack private cloud proof of concept and evaluating alternative cloud solutions. Ben Cherian, GM of Emerging Technologies at DreamHost, will also share how his company is leveraging OpenStack and participating in the open source community.
The objectives of this seminar were to:-
Enable project professionals to reach contract close quicker with a superior contract in place.
Assist project professionals to interpret and manage contracts with more vigour.
De-mystify legal terminology.
Enable project professionals to brief and constructively challenge their lawyers.
David Quinlan from Pinsent Masons explains the basics of contract law for sport and recreation organisations – from the Sport and the Law Conference 2014.
How, as a burgeoning company, should you fit intellectual property investment into your business strategy? We outline Typical IP strategies for startups and help advise how to value factors such as risk, counter assertions and more.
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As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with creditworthy tenants, may be fairly routine to value based on the current rate of return demands in the market, non-income producing properties may be more speculative.
For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes that their property is in the “path of progress,” but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To view the accompanying webinar, go to: financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2021/
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Takeaways:
Know what makes a contract valid.
Understand important contract clauses and how they relate to liability and performance.
Have a toolkit of strategic negotiating tips.
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I have heard many times that architecture is not important for the front-end. Also, many times I have seen how developers implement features on the front-end just following the standard rules for a framework and think that this is enough to successfully launch the project, and then the project fails. How to prevent this and what approach to choose? I have launched dozens of complex projects and during the talk we will analyze which approaches have worked for me and which have not.
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Welcome to UiPath Test Automation using UiPath Test Suite series part 3. In this session, we will cover desktop automation along with UI automation.
Topics covered:
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Keeping the Trolls at Bay: Effective Legal Strategies for your Business
1. Keeping the Trolls at Bay
Effective Legal Strategies for your Business
David Snead Jeffrey A. Cohen
Attorney + Counselor Internet Business Law Attorney
W. David Snead, P.C. Partner, COHEN & RICHARDSON, PC
CEO, InternetLitigators
2. Creating your user agreement
Dealing with “I want to talk to your lawyer”
requests
What you should do BEFORE you get sued
Strategies for dealing with your first lawsuit
Dealing with abuse issues
3. What is important to success?
Information gathering
• What exactly are you providing?
• How much are you providing, and how
much are your vendors providing?
• How will you be compensated?
• Do you need a lawyer?
• What are your “hot button issues?”
• How will you handle abuse?
4. What is important to success?
Price? Expertise? Support?
Service Level Who is your customer? Technical Fit?
Agreement (SLA)?
Cultural Fit? Measurability? Flexibility?
Where are you selling? Who is the end user? In-House Capabilities?
Current Corporate Time to Market? Strategic Advantage?
Focus?
5. Contracting – Key Contract Terms
• What do words mean
• Preventative Contract Terms
• Enforcement Terms
• Incident Response Contract Terms
• Risk of Loss Contract Terms
• Warranties
• Indemnities
• Flow down
• Product specific
6. 360’ Contract Review
Vendors Customers
• Term • Can you provide service during term?
• Warranties • Carefully consider warranties
• Intellectual property protection • IP is your most important asset
• Fees • Can vendor raise fees?
• Flow down provisions • Create integrated contract
• Assignability • Keep in mind your exit
Terms of Service SLA AUP Privacy Policy
DMCA / IP SPAM Resources Customer Info
7. 360’ Contract Review
Example: Bandwidth overages
• What does your vendor contract say?
• How have you monitored?
• What do your termination provisions say?
• Are you required to give a refund?
• What liability do you have to your customer’s customers?
8. Contracting – Key Contract Terms
• Acceptance • Actual event
• Term • Defined
• Controlled
• Foreseeable
• Early Termination • Minimum commitments
• Penalties. Defined.
• Price • Costs and increases spelled out
9. Contracting – Key Contract Terms
• Billing disputes • Specific provision
• Termination • Failure to pay
• Certain events / notice
• Violation of terms / AUP
• Limitation of liability • Realistic figure
• Understand consequences
10. Contracting – Key Contract Terms
• Warranties • Should you provide no warranties?
• Understand “make mutual” requests
• Security • Differences between hosting types
• Possible legislation
• Define breach
• Privacy • Contract provision
• Flow through issues
• European customers
11. Creating your user agreement
Dealing with “I want to talk to your lawyer”
requests
What you should do BEFORE you get sued
Strategies for dealing with your first lawsuit
Dealing with abuse issues
12. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
13. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
2. Do you need a lawyer to respond?
14. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
2. Do you need a lawyer to respond?
3. Avoid lengthy explanations, responses ad
overpromises.
15. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
2. Do you need a lawyer to respond?
3. Avoid lengthy explanations, responses ad
overpromises.
4. Do you need this customer or not?
16. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
2. Do you need a lawyer to respond?
3. Avoid lengthy explanations, responses ad
overpromises.
4. Do you need this customer or not?
5. Collect relevant documents, emails and
names.
17. How to handle
“I want to talk to your lawyer”
1. What is the Problem?
2. Do you need a lawyer to respond?
3. Avoid lengthy explanations, responses ad
overpromises.
4. Do you need this customer or not?
5. Collect relevant documents, emails and
names.
6. Best approach… (hard/soft)
18. Creating your user agreement
Dealing with “I want to talk to your lawyer”
requests
What you should do BEFORE you get sued
Strategies for dealing with your first lawsuit
Dealing with abuse issues
19. What you should do BEFORE you get sued?
“Anybody can sue anybody for anything. There is nothing
that you can do to prevent that. The questions are: 1) How
well are you prepared to defend yourself and 2) Ultimately
what will be the outcome and cost.”
Jeffrey A. Cohen
~ InternetLitigators
20. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
21. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
a.Read them
b.Understand them
c.Know them
d.Use them
22. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
23. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Record's preservation
24. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
25. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
26. What you should do BEFORE you get sued
“… LegalZoom is not a law firm and is not a substitute for
an attorney or law firm. Communications between you and
LegalZoom are protected by our Privacy Policy, but are not
protected by the attorney-client privilege or work product
doctrine. LegalZoom cannot provide legal advice and can
only provide self-help services at your specific direction…”
~ LegalZoom Home Page - 2011
27. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
28. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
6. Insurance
29. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
6. Insurance
7. Investigation
30. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
6. Insurance
7. Investigation
8. Offers of settlement
31. What you should do BEFORE you get sued
1. Have favorable agreements/contracts in place
2. Develop Litigation Hold policy
3. Records preservation
4. What to do with email/backup
5. How to choose counsel
6. Insurance
7. Investigation
8. Offers of settlement
9. Should you sue first?
32. Creating your user agreement
Dealing with “I want to talk to your lawyer”
requests
What you should do BEFORE you get sued
Strategies for dealing with your first lawsuit
Dealing with abuse issues
33. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
2. AS A PLAINTIFF (Filing Suit)
34. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
35. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
36. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
b) Implement Litigation Hold policy
37. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
b) Implement Litigation Hold policy
c) Centralize external communications
38. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
b) Implement Litigation Hold policy
c) Centralize external communications
d) Notify your insurance company
39. Strategies For Dealing With A Lawsuit
1. AS A DEFENDNAT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
b) Implement Litigation Hold policy
c) Centralize external communications
d) Notify your insurance company
e) Begin collecting/segregating relevant
docs/email
40. Strategies For Dealing With A Lawsuit
1. AS A DEFENDANT (Being Sued)
a) Contact your litigation attorney right
away
i. Internet Knowledge
ii. Proper Jurisdiction
b) Implement Litigation Hold policy
c) Centralize external communications
d) Notify your insurance company
e) Begin collecting/segregating relevant
docs/email
f) Start thinking about possible “business
solution”
41. Strategies For Dealing With A Lawsuit
1. AS A DEFENDANT (Being Sued)
2. AS A PLAINTIFF (Filing Suit)
42. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
43. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
b) Avoid informal emails/contacts with
potential defendant
44. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
b) Avoid informal emails/contacts with
potential defendant
c) Collect relevant docs/email
45. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
b) Avoid informal emails/contacts with
potential defendant
c) Collect relevant docs/email
d) Determine Jurisdiction, Statute of
Limitations, Amount in Controversy
46. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
b) Avoid informal emails/contacts with
potential defendant
c) Collect relevant docs/email
d) Determine Jurisdiction, Statute of
Limitations, Amount in Controversy
e) Adjust your expectations
47. Strategies For Dealing With A Lawsuit
2. AS A PLAINTIFF (Bringing Suit)
a) Contact your litigation attorney as early
as possible.
b) Avoid informal emails/contacts with
potential defendant
c) Collect relevant docs/email
d) Determine Jurisdiction, Statute of
Limitations, Amount in Controversy
e) Adjust your expectations
f) Consider alternatives to Litigation
48. Creating your user agreement
Dealing with “I want to talk to your lawyer”
requests
What you should do BEFORE you get sued
Strategies for dealing with your first lawsuit
Dealing with abuse issues
49. Cease and Desist Letter
It July 16, 2011 to our attention that your web site
has come
Dear Sir
contents located the proprietor(s) of all copyright in a web content/ personal
I am representing at example.com is publishing to
Name’s copyrighted presentations work originated by [Name]. It has come to our
correspondence/public Work and personal information
including email, home address and phone number. publishing to Name’s
attention that your web site contents located at example.com is
copyrighted Work and personal information including email, home address and
phone number. Permission was neither asked nor granted to reproduce The Work and
the content terms of an injunction against the continued infringement, as well an
In entitled to the Copyright Statutes, Name is entitled to as
ttherefore constitutes infringement of Name’s rights. In terms of the Copyright
Statutes, injunction against the continued infringement, as well as
Name is o recover damages from the infringing conduct.
to recover damages from the infringing conduct.
Further the site forum administrator and associated parties have engaged in conduct
This of distributing harassingthis criminal harassment about Name and her family. They
that and libellous materials which harmful and
is to inform of organized conduct is seriouslyresulted in endangering the
have taken part
have life and the welfare of a minor.of criminal threats of bodily seriously harmful
resulted in the receipt This is to inform that this conduct is harm
to Namehave resulted in the receipt of criminal threats of bodily harm to Name family.
and family.
We demand that We assist us immediately This is written without prejudice to
you demand that you assist us immediately This
Name’s rights, all of which are hereby expressly reserved. I am attaching below the
is written without prejudice to Name’s rights,
location of the copyrighted work.
all of which are hereby expressly reserved. I am
attaching below the location of the copyrighted
work.
50. Overall strategy
DMCA • Register
• Draft policy (OCILLA)
• Post contact information
• Check complaint
Trademark • Draft policy
• Determine procedure up front
• Understand differences between trademark and copyright
• Look for trademark complaints in DMCA clothing
Other IP • Draft policy
• Determine procedure up front
• Determine whether CDA applies
• Look for IP complaints in DMCA clothing
51. Overall strategy
Nasty customers • Based on contracts
• Determine procedure up front
• Don’t rely on disclaimer of liability
Subpoenas and Warrants • Review, Verify, Schedule, Comply
• Relationship with law enforcement
Nasty grams • Sniff test works best
• Base analysis on facts
• A letter from a lawyer isn’t scarier
• Don’t rely on disclaimer of liability
52. Questions?
David Snead Jeffrey A. Cohen
Attorney + Counselor Internet Business Law Attorney
W. David Snead, P.C. Partner, COHEN & RICHARDSON, PC
CEO, InternetLitigators
david.snead@dsnead.com
Twitter: wdsneadpc Jcohen@corichlaw.com
Blog: TheWHIR (310) 469-9600
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