Let’s quickly revisit the scenario we’ve been following through our first two installments. That is, you are a CIO faced with a decision on whether or not to enter into an “enterprise” or an “unlimited” license arrangement with a major software publisher. With the first installment, we explored the scope…
Sourcing Speak
Database Marketing Outsourcing
Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels (e.g., web, social media, catalog and in-store sales) and enable more targeted and effective marketing to consumers. Database marketing encompasses a potentially broad array of services, including: • Implementation…
UK Employment Law Reforms 2013
There are a number of important reforms being made to UK employment law this year, largely due to the enactment of the Enterprise and Regulatory Reform Act 2013 (“ERRA”). Many of the reforms under ERRA are being implemented over a period of time from 2013 and beyond, following a period…
Personal Email Privacy in a BYOD Environment – A View from the Bench
We recently posted a three-part series on BYOD issues in this blog. A primary theme was the inherent tension between employer control and employee privacy in a BYOD environment. In a recently reported case out of the Northern District of Ohio (Lazette v. Kulmatycki), the courts had an opportunity to…
Help Clients Insure Against Cyberattacks
This article was originally published in the July 22, 2013 issue of Texas Lawyer. The constant threat of cyberattacks presents many and varying challenges for businesses. Insurance provides one way to deal with them. Because the market for insurance covering these risks and the law interpreting these policies both continue…
Are Your IT Costs Increasing Next Month? New Massachusetts Sales and Use Tax on Computer and Software Services becomes Effective July 31, 2013
On July 24th, 2013 the Massachusetts legislature passed An Act Relative to Transportation Finance (“the Act”), which, among other things, makes “computer system design services and the modification, integration, enhancement, installation or configuration of standardized software” taxable services under the Massachusetts sales and use taxes. Under the Act, “Computer system…
Payments Industry Update: European Commission announces regulation of Interchange Fees and a ban on Surcharges
Today the European Commission unveiled its legislative package to adapt the EU payments market to the opportunities of the single market and to support EU economic growth . The package includes a proposal for a cap on multilateral interchange fees (MIFs) for card-based payment transactions. MIFs are set by credit-card…
Mobile Privacy Practices: Recent California developments indicate what’s to come
Jim Gatto and James Chang recently published “Mobile Privacy Practices: Recent California developments indicate what’s to come” in the June issue of Computer Law Review International. The use of mobile applications has seen huge growth in the past few years. As the use of apps become increasingly commonplace, social concerns…
Obamacare: Meeting Implementation Challenges with Contracting Best Practices
The Affordable Care Act of 2010 mandated the creation of health care exchanges (“Exchanges”) which will enable individuals to shop on-line for health insurance beginning October 1, 2013. Creating and configuring the software, databases and interfaces that comprise the technology platforms for these Exchanges has created huge challenges for the…
Declarations of Independence: 4 Tips for the 4th on How to Wind Down an Outsourcing–Without a Revolution
When in the course of commercial events, it becomes necessary for one client to dissolve the operational bonds that have connected it with its supplier, and to assume a new service delivery model . . . As the outsourcing industry has matured, we have seen a greater incidence of clients…