Entries by Eric Begun

Eight Ways to Close Your Year-End Deals on Time

With less than four weeks until the end of the calendar year, many buyers and sellers of software, SaaS, cloud, cybersecurity, and other IT products and services have too many deals – and not enough time – to get everything done. Having been on both sides of year-end technology transactions, I’ve not yet seen a […]

2019 Case Law Mash-Up: Can you assign exaggerated representations and warranties to a locked-in vendor?

Mash-up (noun): (slang) a creative combination of content or elements from different sources. Several court cases in 2019 dealt with (or are still dealing with) key issues faced by parties to commercial contracts, including contracts for technology products and services. This post briefly discusses four of those cases and their corresponding issues of contract assignment, […]

Why Blockchain Matters to In-House Lawyers

Today, news reports, academic articles, and corporate reports are flush with mentions of “blockchain,” “Bitcoin,” and “distributed ledger technology.” At first glance, many readers see the discussion as hype, generating a great deal of actionless attention, curiosity, and investment opportunities. However, on another level, some of the conversation regards developments in technology that may specifically […]

Your Emoji Use Just Formed a Contract

Or, did it? As confirmed in a very recent Wall Street Journal article, the legal impacts and effects of using emojis and emoticons in business and workplace communications and dealings are growing. For attorneys, contract professionals, and business executives and teams discussing, negotiating, and communicating about technology, business, deals, and transactions, the use of emojis […]

RETURN TO SENDER: Aetna to Pay $17M to Settle Claims Related to Vendor Mailer Data Breach

Aetna has agreed to pay $17.2 million and to implement a “best practices” policy regarding sensitive policyholder data, in order to settle class action litigation brought against it arising from a mass mailing sent by one of its mailing vendors. As discussed in a blog post last year, federal class action litigation was brought against […]

What Does Ransomware Cost Companies?

In its 10-Q filing for the quarter ended September 30, 2017, Merck & Co., Inc. stated the following: On June 27, 2017, the Company experienced a network cyber-attack that led to a disruption of its worldwide operations, including manufacturing, research and sales operations. … [T]he Company was unable to fulfill orders for certain other products […]

Lessons Learned: Vendor Sued in Class Action Suit for Security Misses

The recently alleged data privacy and security incident involving Aetna and one of its vendors is now the basis of class action litigation. Both the vendor and Aetna are named defendants in the class action suit, which raises potentially novel issues for companies and their third-party service providers to consider when contracting for technology and non-technology services that touch data security and privacy matters.

How to Negotiate Your IT/Tech NDA Faster (or, Living with a Suboptimal NDA)

Whether based on a party’s bad experience in a previous situation, defensive or offensive tendencies, or need to avoid deviations from company policies, otherwise common NDA terms can lead to uncommonly protracted negotiations. For a vendor looking to sell to a new customer, lengthy or difficult NDA negotiations can cause the potential customer to view the vendor as being difficult to deal with, or, worse, to drop the vendor from consideration entirely. For a customer wanting to urgently find a vendor to provide services to address a data breach, time to negotiate an NDA is not a luxury.