Welcome to EO Radio Show – Your Nonprofit Legal Resource. Happy New Year, everyone! In episode 26, Cynthia Rowland and her guest Nate Garhart discuss websites and terms of use and the legal concepts relevant to nonprofits...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their...more
12/13/2022
Since the California Consumer Privacy Act (“CCPA”) was passed in 2018, employers have been watching carefully to see how the law will apply to data collected and maintained about their employees. Up until now, employment data...more
10/5/2022
/ California Consumer Privacy Act (CCPA) ,
Covered Employer ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Employee Privacy Rights ,
Exemptions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Right to Delete
Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the United States. These legislative efforts appear likely to lead to limits on the immunity...more
4/26/2022
/ Anti-Competitive ,
Continuing Legal Education ,
Data Collection ,
Digital Marketplace ,
Digital Services ,
EU ,
Online Platforms ,
Personal Data ,
Proposed Legislation ,
Section 230 ,
Webinars
Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable...more
9/9/2021
/ Cannabis-Related Businesses (CRBs) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Property Damage ,
Ransomware ,
Reputational Injury ,
Retailers ,
Risk Mitigation
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
5/19/2021
/ Cannabis-Related Businesses (CRBs) ,
Confidential Information ,
Continuing Legal Education ,
Contract Negotiations ,
Contract Terms ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Insurance Brokers ,
Insurance Contracts ,
Insurance Industry ,
Popular ,
Privacy Laws ,
Webinars
For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more
4/30/2021
/ Assignments ,
Copyright ,
Disability Insurance ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
Intellectual Property Protection ,
Labor Code ,
Misclassification ,
Unemployment Insurance ,
Work Made For Hire Doctrine
You may have recently received a notice from the Bureau of Cannabis Control, the California Department of Food and Agriculture, and/or the California Department of Public Health regarding billboard advertisements featuring...more
Intellectual property (IP) is a critical issue in the cannabis industry. Creating and protecting cannabis products, processes, and brands comes with unique challenges, and certain IP laws may apply differently to cannabis...more
1/13/2021
/ Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Continuing Legal Education ,
Copyright ,
Intellectual Property Protection ,
Misappropriation ,
Patents ,
Trade Secrets ,
Trademarks ,
Webinars
Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data...more
The California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, and while the CCPA does not expressly require compliance by nonprofits, nonprofits should be aware of some obligations when it comes to data...more
10/8/2020
/ Best Practices ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Data Collection ,
Data Privacy ,
Donors ,
Litigation Strategies ,
Noncompliance ,
Nonprofits ,
Personal Data ,
Personally Identifiable Information ,
Webinars
With a little time to consider the finalized California Consumer Privacy Act regulations released by the California Attorney General on August 14, 2020, it is clear that some last-minute negotiations (or perhaps just some...more
8/27/2020
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Consent ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Do Not Sell ,
Final Rules ,
Misuse of Information ,
Notice Requirements ,
Office of Administrative Law ,
Opt-Outs ,
Personal Information ,
State Attorneys General ,
Transparency ,
Websites
The shelter-in-place orders prevented in-person tastings from happening, throwing a curve ball to the wine industry. As the wine country slowly prepares to reopen, it will not be the same experience pre-COVID-19 pandemic. For...more
6/19/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Privacy Laws ,
Public Health ,
Re-Opening Guidelines ,
Webinars ,
Wine & Alcohol ,
Wineries
While we’re far from returning to the “normal” that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously “nonessential” businesses are returning to operations. Along with these...more
6/16/2020
/ Consumer Privacy Rights ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Health and Safety ,
Personal Data ,
Privacy Laws ,
Re-Opening Guidelines ,
Virus Testing
While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously-closed “nonessential” businesses are returning to operations. With...more
5/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Lockdown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Non-Essential Businesses ,
Patient Privacy Rights ,
Personally Identifiable Information ,
Pre-Employment Health Screenings ,
Proposed Legislation ,
Public Safety ,
Re-Opening Guidelines
Democratic Senators Richard Blumenthal and Mark Warner have introduced the Public Health Emergency Privacy Act in response to the bill of the same subject released by Senate Republicans (the COVID-19 Consumer Data Protection...more
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
5/16/2020
/ Canada ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Delays ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Time Extensions ,
Trademark Office ,
Trademarks ,
United States ,
USPTO
Californians for Consumer Privacy has announced that it has secured and submitted enough signatures to qualify its California Privacy Rights Act (“CPRA”) for inclusion on California’s November 2020 ballot....more
A group of Republican senators has proposed a new privacy law to govern the collection and use of certain personal information thought to be both important and at risk during the current coronavirus crisis....more
5/10/2020
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data-Sharing ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
FTC Act ,
Geolocation ,
Political Parties ,
Popular ,
Prior Express Consent ,
Proposed Legislation ,
Public Health ,
Public Safety ,
Temporary Regulations
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
5/6/2020
/ Abandonment ,
Canadian Intellectual Property Office (CIPO) ,
CARES Act ,
Coronavirus/COVID-19 ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Revival ,
Time Extensions ,
Trademark Office ,
Trademarks ,
USPTO
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
4/14/2020
/ Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Trademark Application ,
Trademark Litigation ,
Trademark Office ,
Trademark Registration ,
Trademarks ,
USPTO
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
4/4/2020
/ Canadian Intellectual Property Office (CIPO) ,
CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Popular ,
Time Extensions ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly for the...more
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
3/27/2020
/ Administrative Appeals ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Foreign Trademark ,
Intellectual Property Protection ,
Office Closures ,
Trademark Application ,
Trademark Cancellation ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On March 11, 2020, California Attorney General Xavier Barrera released a second revision to the draft California Consumer Privacy Act (CCPA) regulations. The new draft contains a number of important changes to the regulatory...more