Cybersecurity & Data Privacy

digital-devices-news166732848TSLast week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to results containing certain information. This ruling has far-reaching implications not only for the EU but also for the United States.

This case involved an appeal by a Spanish national who had complained to Google about online newspaper reports Google had indexed relating to debt-recovery proceedings against him from 1998. When the individual’s name was entered into Google, it brought up results providing a link to newspaper accounts of the debt proceedings. The court ordered the links stricken from Google’s search results.


Continue Reading EU’s Ruling Not “To Be Forgotten” Anytime Soon

I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a conversation with a client detailing and confirming the services that can (or can’t) be delivered and the realistic outcomes that can (or can’t) result from those services may provide the best defense when a client complains. This is only true to a point. Sometimes, written communications provide a client with ammunition for a claim of negligence.
Continue Reading OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!

tablet imageAs part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section.

This made me think about “puffing,” which I learned about in my Contracts class in law school. For those unfamiliar with the term, it is something we experience daily in sales transactions and advertising. Puffing is the exaggeration of the positives of a service or product or anything else someone is looking to sell. Any advertisement that includes superlatives – such as “greatest,” or “best” – or statements that are clearly not intended as factual representations are not generally actionable if you buy the “product” and find it to be lacking. Consumers dealing with a salesperson should expect some level of “puffing.”


Continue Reading Social Media: Putting Your Best Foot Forward or in Your Mouth