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b2ap3_thumbnail_attorney.jpgCyber law cases are unique, from the proceedings to the violations. Due to the nuanced nature of many cyber law cases, even the most minor violations can represent the difference between a case being lost or won. This is especially true as it pertains to electronic discovery. Electronic discovery simply refers to discoveries made in a legal proceeding (such as a government investigation or simple litigation), in which the information is in digital form. Because of the intangible nature of electronic discovery, it is treated much differently than paper evidence. The most common forms of electronic discovery include emails, various file types, and other types of electronic documents. Below we will discuss the way in which a skilled attorney can assist you during the electronic discovery process.

How a Cyber Law Expert Can Help

In cases involving electronic discovery, the presence of a quality legal professional can make or break your case. First and foremost, a skilled attorney will go through an extensive research process, examining documents, emails, and any form of electronic discovery that could benefit or harm your case. A knowledgeable attorney will also be cognizant of the role that megadata can play in the electronic discovery process. For instance, the dates and times at which a document was filed can be critically important in a trademark, copyright, or domain name case.

A competent attorney will also ensure that all relevant electronic discovery has been properly collected and preserved. Proving that an opposing side has destroyed relevant information can be a direct violation of the preservation process in all electronic discovery processes. A party could also be in violation if they do not transfer the information to their legal counsel as the information was found. Failure to recognize and identify these violations could result in a lost case.

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US cyber law attorneyA master services agreement is necessary when two or more organizations enter into an on-going business relationship. A master services agreement can generally define the conditions of the working relationship, and save all parties involved time down the line. While a master services agreement is designed to save you time, and avoid the need for further negotiations, failure to properly craft an agreement could be detrimental to the success of your company. If you are looking to draft or negotiate a master services agreement, seek out competent legal assistance.

The Importance of a Master Services Agreement

In the world of online business, a master services agreement will essentially outline the parameters of a collaborative business relationship. A properly crafted master services agreement will address key components of any business relationship, ranging from terms of payment to confidentiality agreements. Additional components likely to be discussed in the agreement include product warranties, work standards, and delivery requirements. Recognizing the importance of these issues (for instance violation of a confidentiality agreement can be detrimental to an up and coming business’s success), violation of a master services agreement can lead to a long legal battle.

If a legal battle ultimately arises, the dispute resolution method should already be established within the master services agreement. If you are an inexperienced company dealing with a more seasoned party, it is not uncommon to be taken advantage of in negotiations over a master services agreement. If an attorney is not utilized in drafting the agreement, it may be difficult to win any meaningful legal battles down the road. For digital product companies dealing with other parties, the importance of an attorney’s assistant during these negotiations cannot be understated.

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IL trademark lawyerAs a company ventures into the global marketplace, nothing is more valuable to them than establishing a recognizable and attractive company identity. With many of today’s biggest corporations, the brand itself is essentially more popular than any of the company’s products. In other words, brand is everything. A trademark is defined as a branding tool that essentially sets your product or business apart from the rest of the competition. In today’s online economy every corporation should understand the way in which company security has changed. Trademark infringement can lead to a costly domain dispute and ultimately cost you your company.

Mistakes to Avoid in Registering Your Trademark

A trademark is the backbone of a company’s identity. From an engaging image to a catchy phrase, your trademark’s viability can make or break your company. Once you have established a trademark that you believe will draw prospective clients in, it is critically important to establish protections for your trademark. Thus the first step to take is registering your trademark with the United States Patent and Trademark Office (USPTO).

Unfortunately, many costly mistakes can be made during the USPTO’s registration process. First of all, one must decide what kind of trademark they are registering for. For instance, a small local company may apply for a “™” symbol trademark, but a larger company should not. The reason behind this is that a “™” trademark protection only holds water within a specific geographical boundary of your company’s operation. Another common mistake made in trademark registration is failing to research whether there are other trademarks identical or similar to your idea. Failure to research other trademarks could cost you your trademark, valuable time, and at worst a costly lawsuit.

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In a competitive market place, every edge a company can maintain over its competitor is incredibly valuable. In the online world, the development of specific algorithms, patterns, and formulas can make a company financially successful for the foreseeable future. Once these have been developed, it can be critical to keep this information confidential. When a company has knowledge that they want to keep out of the hands of the general public or their competitors, this is known as a trade secret. In order to ensure that your trade secret remains within your organization, it is important to consult a qualified trade secret law attorney.

What Constitutes a Trade Secret

Throughout the vast majority of states in the US, the legality surrounding trade secrets are defined in the Federal Uniform Trade Secrets Act (UTSA). In order for a trade secret to be deemed valid, there are a number of criteria the information must meet. First and foremost, the information must be secret, and not generally known by competitors. Secondly, the information must have commercial value to the company, and that value is contingent on the information remaining confidential. Lastly, the company with the information must have previously taken steps to secure the confidentiality of the information, this could come in the form of various confidentiality agreements.

Protecting Your Trade Secret

The clearest cut way to protect your trade secrets is through the development of non-disclosure agreements. A non-disclosure agreement is a legal contract between a minimum of two parties that describes confidential information or knowledge, that the parties will share with each other, but will restrict from outside parties. If a party violates your non-disclosure agreement, you will be able to UTSA action.

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FL IP lawyerA trademark can mean everything to the viability of a business. A trademark is defined as a phrase, symbol, or word utilized to identify a business. For many of the country’s most successful businesses, their trademark has become a meaningful aspect of our consumer society. All that understood, here in the United States trademark infringement is taken incredibly seriously. The punishment for trademark infringement can ruin a person’s reputation and financially devastate their financial goals. Below we will examine just what trademark infringement truly is, and what the legal ramifications of infringement can be. If you have been accused of trademark infringement, it is paramount to speak with a qualified attorney immediately.

What Is Trademark Infringement?

In the event of trademark infringement, the trademark owner has the right to file a civil lawsuit addressing the violation. The process of infringement takes place when a person or corporation’s intellectual property is utilized, reproduced, or even sold without the company’s permission. In order to prove that infringement took place, there are a number of criteria that must be met. For instance, the trademark in this instance has to be owned by the victim. The attorneys for the victim also must be able to prove that the accused had access to the trademark and knowingly used the trademark without the permission of the owner.

What Trademark Infringement Could Cost You

Due to the financial toll that trademark infringement can take on a company, the punishment for infringement can be significant. Trademark infringement can constitute either a civil or criminal offense. In a civil copyright infringement case, a person may have to pay up to $30,000 in infringement fines. In a case in which the offender was willfully infringing they could be forced to pay as much as $150,000. It should be noted that trademark infringement can cost you in more than just finances. For additional information on the impact of a trademark infringement accusation, contact our team of cyberlaw professionals.

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