Author Archives: John DiGiacomo

The Securities and Exchange Commission (“SEC”) just issued, on February 21, 2018, a new Guidance with respect to cybersecurity disclosures for publicly-held corporations. The quick takeaway is that data breaches and data breach risks are likely to be “material” for purposes of disclosure, data security should be deemed a “board level” concern, and knowledge of […]

Most business owners know it is important to register a trademark to uniquely identify their products and services in a crowded marketplace. A protected trademark sets you apart from the competition, helps drive traffic and sales, keeps customers loyal to a brand, and can influence consumer purchasing decisions. But wait – there’s more! (sound familiar?) […]

Many businesses are acutely aware of the dangers of a data leak that can result from the breaching of networks, computer hacks, malware, and computer espionage. These cyber threats are external threats, but businesses must also be increasingly wary of INTERNAL threats coming from vengeful and vindictive employees and ex-employees. A well-publicized lesson can be […]

The internet has forever changed the way health and medical services are provided. The last 10 years have seen a rapid expansion in telemedicine and telehealth services. In response many states have developed statutes to define and regulate telemedicine. For example, Vermont developed a statute (8 V.S.A. § 4100k ) requiring health insurance companies to cover […]

The Federal Trade Commission (“FTC”) recently released its 2017 Annual Privacy and Data Security Update (click here; for the direct link to the Update, click here and then click on the PDF link provided). We see seven compelling reasons to read the 2017 FTC Update and to take data breaches seriously: 1. The Number of […]

Stone sculptures of jewelry-adorned cats dating back to at least 500 BC have been discovered in Egypt. Feline goddesses were recorded in texts dated thousands of years earlier. In 1888, a farmer in Egypt stumbled upon a tomb containing eighty-thousand mummified cats. While it is estimated that the first domesticated cats appeared ten thousand years […]

Among the more frustrating aspects of cyber security is the constantly evolving nature of the threat and the multitude of data breach attack techniques. One vulnerability is patched only for another to be found/created; one technique is foiled only for a different tactic to arise. Here we give a brief discussion of motivations and offer […]

Properly cared for, your trademark can develop into the most valuable asset you own. At a gathering of staff from several Coca-Cola bottling plants, a senior executive reportedly declared that “the company could lose all its plants, lose all its staff, lose its access to the sources of its raw materials, lose its capital and […]

Picking a mark to represent your brand can be one of the most important decisions you make. Think about the brands we see everyday. Apple. Coca Cola. Microsoft. These are immediately identifiable both with the company and the products they produce. Just how strong is your trademark? On one end of the spectrum, are descriptive […]

In practice, a trade secret can be pretty much anything. The federal Trade Secrets Act, 18 U.S. Code § 1839(3), defines a “trade secret” as: … all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, […]