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Florida cybersecurity attorneyTo understand why you might need a cyber law attorney now or in the future, take a quick look back. Twenty years ago, were you worried about losing control of your intellectual property because of Etsy or Amazon, or of losing control of your website domain name to a web jacker?

Shift in Transactions From People to Web Impacts Cyberlaw

Have you noticed how many business transactions have shifted from being personal-relationship-driven to being mostly or entirely web-driven? Consider all of these situations where, 20 years ago, you would have insisted on doing business one-on-one, face-to-face, but today you can - and often prefer to - conduct most of this business over the internet:

  • Making a big-ticket purchase like a computer, car, or house;
  • Working with a tax accountant, financial advisor, lender, or lawyer; and
  • Working with a writer, graphic designer, or another provider of marketing or creative services.

Shift in Documentation from Paper to Digital Requires Cyberlaw

Years back, most businesses relied on an exchange of paper documents. While paper documents could be photocopied, they could not be widely disseminated without significant cost and typically did not travel far. Today, we rely much more heavily on electronic document exchanges, and it is far too easy for such documents to be intercepted by hackers, copied, slightly altered, and widely disseminated around the globe very quickly.

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b2ap3_thumbnail_shutterstock_319177193.jpgMany businesses rely on relationships with outside agencies or individuals to ensure ongoing productivity and profitability. Creating and implementing third party reseller agreements ensure distribution of your products or services are done in manner that upholds your company’s brand image and reputation. However, while researching and drafting these agreements, it is important to consider variables that might create confusion or poor results.

Consider These Relevant Issues

  • Start small and grow gradually: When opening a new agreement allow a distributor to prove themselves on a small scale. Once doing so you can reward that distributor with a larger piece of territory. Do not assign too much, too soon.
  • Reasons for Termination: If an agreement allows only for Termination for Cause, it can delay action while partners argue the definition of “cause.” Termination for Convenience and for Cause enables a company to take steps to nullify a relationship while following defined and prescribed steps.
  • Writing semi-automatic renewal and annual termination terms into an agreement allows either party to exit an agreement once a year. This bases a partnership on performance, and the most experienced partners desire an ongoing relationship that is based on performance.
  • Exclusive vs Non Exclusive agreements: There are pros and cons to both, but find a way to maintain an advantage while allowing for some flexibility that appeals to the distributor.
  • Address issues of price changes: An agreement that permits price changes based on market demand, and only a period of advance notice can help resolve conflicts over this issue.
  • Termination of the agreement by one or both parties: The best distributor agreements allow for either partner to end the relationship.
  • Allow the nature of the relationship to change: Variables in the marketplace can impact how both a manufacturer and a distributor do business. Write an agreement that permits both parties to recommend change on an ongoing basis allows the partnership to evolve with the market without undue pressure.
  • Stay involved in the process: Attorneys are important to writing fair and legal agreements, but the input of those with practical experience can help keep matters relevant and on point.

Retain an Experienced Florida Online Contracts Attorney to Install Sound Reseller Agreements

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Posted on in Cyber Crime

b2ap3_thumbnail_shutterstock_302508602.jpgBusinesses of all sizes dedicate considerable resources every year to develop, secure and defend their computer network. Software companies constantly introduce new firewalls and other anti-virus programs to fight off illegal breaches. Despite best efforts, network hacking continues making headlines and compromising sensitive information.

Giving In To Hackers’ Demands

In what has become a widely publicized case of hacking, that seems to feature the release of new details on what feels like a weekly basis, ride-sharing giant Uber acknowledged that it paid hackers $100,000 to delete the data they stole in 2016. The personal information of nearly 57 million Uber drivers and riders was accessed illegally by two, yet-to-be-identified electronic thieves.

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Posted on in Cyber Crime

b2ap3_thumbnail_Untitled-design-22.jpgEven when you take proactive steps to protect your company’s network and stored data, there are individuals constantly looking for opportunities to expose and exploit any weaknesses. Hacking is a major issue facing companies and, if the news is any indication, electronic thieves and computer hackers are showing no signs of reducing their illegal and damaging activities.

Companies are Being Hit by Hackers

There have been a number of high-profile hacking incidents that made the news over the past few years that impacted major retailers and financial institutions, as well as their customers and clients. The latest company to fall victim was the ride-sharing business, Uber.

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Posted on in Cyber Crime

Florida cyber crime and hacking attorneyThe term “hacking” conjures images of illegal activities by highly-motivated cyber criminals looking to steal and exploit vast amounts of business and personal information. However, as the internet changes and laws evolve to keep pace with the rapid growth of cyber activity, the federal government has begun considering ways by which companies might use hacking to their advantage.

Hacking to Combat Hacking

Until recently, a business’s only defense against a cyber attack or hacking might be the installation of updated firewalls or software to combat electronic intrusions. However, it seemed that as soon as new defensive software was created, hackers were finding and exploiting inherent weaknesses or developing techniques to subvert network protection.

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St. Petersburg cyber law attorney cyber crime legislationWhen the digital age took hold in America, and an increasing number of businesses began conducting trade online, it became necessary to protect commerce, transactions, and other online activity from illegal access and fraud. The Computer Fraud and Abuse Act (CFAA) is a federal anti-hacking law that was passed in 1986, and is now the subject of updates in order to keep up with the constantly evolving digital world.

Why the CFAA Needs Updating

In its current form, the CFAA does not allow a business to go beyond its own network to fight or protect against cyber attacks, such as the installation of malware. While the CFAA was expanded upon in 1996, proponents of this newest legislation do not believe the existing language goes far enough in allowing businesses to protect their digital property.

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Florida cyber security attorney data breachWhen credit reporting giant Equifax announced that millions of consumer records were exposed to hackers by means of a data breach, it was just the latest in the series of recent commercial cyber attacks which have impacted millions of people. Perhaps the primary takeaway from this news is that if this type of breach can happen to a company as large as Equifax, it can happen to any company that maintains digital business and client records.

How Can a Business Protect Company and Client Data?

By most accounts, the breach at Equifax was due to complacency in addressing a software flaw in the company’s website involving a tool which consumers used to contact the company and address issues with their credit reports. Every company should be aware that hackers will seek to expose any flaw in your company’s software or website protocol.

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Floridy business cyber security lawyerBusinesses of all sizes are being targeted by hackers and other electronic criminals more and more frequently in modern times. Incidents involving large corporate entities such as Target and Equifax make national headlines, but it is a fact that even small businesses are attacked by hackers. In fact, experts agree that nearly 43 percent of all cyber attacks are launched at small businesses. 

Protecting Your Business

Being unprepared is no longer acceptable, as the cost of repairing your business’s reputation and defending your company from subsequent legal action can drain resources and even result in bankruptcy. Because physical storage of records and data is costly and can require an inordinate amount of space that could be better used for other business purposes, storage of customer information and proprietary company data is frequently converted to some electronic format. This action makes that data vulnerable to breach and theft. Here are some basics steps to follow when considering how to best protect your company’s cyber assets:

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Tampa cyber security lawyer biometricsNo longer is it necessary for one to key-in a password of letters and numbers in order to gain access to computers, smartphones, or other electronically-secured information. The use of one’s facial features, fingerprints, and even their iris for electronic security purposes is becoming more common, yet concerns pertaining to personal privacy and use of stored information is now facing legal challenges.

Wide Use for Biometric Technology  

The use of biometric technology has allowed various businesses to enhance service and security for their customers. Some examples include:

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Posted on in Cyber Crime

cyber security, Florida cyber law attorney,  electronic scammers, phishing, email scamRecently, the Internal Revenue Service issued a warning that electronic scammers were using official-looking emails to illegally obtain information and hold it for ransom. Despite frequent cyber security warnings that the IRS does not solicit information by means of email, businesses have reported falling victim to this and other forms of phishing activity.

Phishing Exhibitions with Official-Looking Bait

Hackers, online scammers, and other electronic thieves have elevated their efforts in order to obtain personal, confidential, or otherwise critical data as a way to make money. A few of the latest attempts include very official looking emails:

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