Special Radio Report No. 2: Newman Dishes on Cloud Computing

Cloud computing is already revolutionizing the way companies operate their businesses, in particular in the way they store and process information. But before you jump into the cloud, you may want to pause to consider your options. The many benefits of cloud computing should be weighed against the risks inherent in outsourcing the storage and processing of sensitive data and other property of your company (including intellectual property that may be moved "into the clouds"). Moreover, you should be mindful of the ways in which you can mitigate these risks, including, for example, through careful selection of a cloud computing vendor, by negotiating contractual provisions to heighten the privacy and security of your data and property, and by allocating legal responsibilities in the event of a security failure.

Click here to listen to Proskauer associate Natalie Newman talk about cloud computing with Mari Frank, the host of KUCI's Privacy Piracy radio show.

Florida Supreme Court Holds CGL Policy Covers an "Advertising Injury" Based Upon a TCPA Violation

            The Florida Supreme Court recently held that a commercial general liability (“CGL”) insurance policy that provides coverage for an “advertising injury” covers a violation of the Telephone Consumer Protection Act (“TCPA”). Penzer v. Transp.  Ins. Co., No. SC08-2068, 2010 WL 308043 (Fla. Jan. 28, 2010). The definition of “advertising injury” in the CGL policy at issue provided coverage for an “injury arising out of” the “[o]ral or written publication of material that violates a person’s right of privacy.” Id. at *4. The policy at issue had no relevant exclusions. Id. at *5-6.

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A new advertising icon was released last week by a privacy advocacy group in conjunction with a group of advertisers and agencies as part of an effort to educate consumers about behavioral advertising and head off federal regulation.

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