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Client Alert: Don’t Wait Until It’s Too Late: Top 10 Recommendations for Negotiating Your Cyber Insurance Policy

As more and more companies of all sizes ranging across a wide spectrum of industries have been exposed to network and data security breaches in recent years, the market for insurance products dedicated to cover cyber risks has grown just as fast. With policies sold under names like “cyberinsurance,” “privacy…

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Four Things You Should Know About New York’s Recent Advisory Opinion on the Taxation of SaaS

By Richard E. Nielsen On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax.  The Advisory Opinion is noteworthy because of the Department’s position…

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Contracting with foreign entities and electronic signature under English Law: Getting the execution right

You’ve managed to agree the deal; all that’s left is to sign the documents.  That’s the easy bit, correct?  So you might think, but it is important to be careful not to slip up at this final stage, particularly when contracting with foreign entities and considering using electronic signatures. Which…

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Banking Technology: Finding the Balance Between Cost-Effectiveness and Manageability

As the range of technology employed by the UK’s leading banks widens, the balance between cost-effectiveness and manageability of solutions becomes increasingly difficult to strike.  Background The banking sector in the UK has grown significantly through acquisition and amalgamation. The result is a market dominated by banking groups, which have…

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Addressing Cyber Attacks & Data Breaches in Supplier Contracts

Part 2: How are Limits of Liability Evolving, with Respect to the Issue of Data Breaches? Ten years ago, most “buyers/customers” expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer’s data. Today, while customers may continue to insist upon such…

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Addressing Cyber Attacks & Data Breaches in Supplier Contracts

Part 1: Contractual Protections With Respect to Data Breaches Given the unrelenting, it seems, news reports of cyber attacks and data breaches affecting customer records and data, the issue of what are the appropriate contractual provisions that should govern data breaches in a contract between customers and suppliers remains timely,…

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Don’t Get Caught with your Transition Services Down (part 1 of 2)

There is no shortage of commentary on why mergers and acquisitions fail or do not live up to their projected potential. The percentage of failed or underachieving deals is astounding with some placing the failure rate over eighty percent.The reasons for this dismal outlook range from ill-advised strategic vision, misaligned…

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IT Services with Chinese Characteristics

News of Alibaba’s cloud investment and a recent software park tour indicate that China’s IT services industry is evolving in its own way. Alibaba Invades Silicon Valley The “Amazon of China” is following Amazon’s playbook yet again with their investment in the cloud. Aliyun, Alibaba’s technology arm, already operates five…

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