Lost Profits: Direct or Indirect Damages?

In 2014, the New York Court of Appeals, in Biotronik A.G. v. Conor Medsystems Ireland, Ltd., held that the lost profits claimed by a party were “general damages”, and were recoverable. They were recoverable despite the limitation of liability provision in the contract, which stated that neither party would be liable for “any indirect, special, consequential, incidental or punitive damage with respect to any claim arising out of [the] agreement” for any reason, including a party’s performance or breach of the agreement.

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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.

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The Future of Data Privacy: You Can Run but You Can’t Hide (or Can You?)

In Ernest Cline’s dystopian novel Ready Player One, the world’s population is addicted to a virtual reality game called the OASIS. The villain in the book is a large communications company named IOI that will stop at nothing to rule the world—the OASIS virtual world, that is. IOI’s motivation is, simply put, profit, profit, and more profit as it peddles its goods and services in the digital reality. Through subterfuge, spying, rewards, and an assortment of other tactics, IOI gathers intelligence on its users, competitors, and enemies, and then uses that information to its advantage. But even in a fully-connected, always-on digital

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Getting Your Data Back – a Hostage Crisis?

One of the key differences between a cloud computing delivery model and a customer-hosted solution is the service provider, not the customer, possesses the customer’s data under a cloud computing delivery model. At the end of such a relationship the customer needs its data returned. Many service providers’ form agreements, however, do not address when and in what format the data will be returned. Given the vital importance of data to a company’s business, a customer should address this issue prior to entering into such an agreement.

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