Top Ten IT Legal Issues for the Enterprise

Top Ten IT Legal Issues for the Enterprise

Brad Frazer bfrazer@hawleytroxell.com

208.388.4875@bfrazjd

INTERFACE BoiseSeptember 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 Frazerbfrazer@hawleytroxell.com

208.388.4875@bfrazjd