September 8, 2010
CT Supreme Court Affirms Right To Challenge Foreign Judgment With Special Defense
One of the many issues to consider when filing a lawsuit against a party in another state is how you will go about enforcing the judgment if you win. For example, lets assume you live in Alaska and want to sue someone who lives in Connecticut. You decide you do not want to…
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August 31, 2010
Only Five Days To Report Data Breach For Insurers And Agents In Connecticut
One of the many questions business owners have to answer upon learning of a data loss or security breach incident is whether to notify governmental authorities and when to do it. The Connecticut Insurance Department has provided a new regulation for insurers and agents in a…
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August 23, 2010
Does A Limited Liability Company Protect Its Members From Personal Tort Liability?
Not always. An individual member of an LLC or an officer of a corporation may be individually liable for their own torts. This rule is well settled and the Connecticut Supreme Court reaffirmed it in Strum v. Harb Development, which will be officially released on August 31,…
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August 2, 2010
Cyber Crime On The Rise And Costly – What Can You Do About It
The Ponemon Institute recently published the First Annual Cost of Cyber Crime Study. Download here. The study was conducted by Ponemon, an independent research group with a focus on privacy and data protection, and ArcSight, a security and compliance management…
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July 27, 2010
Civil Liability For Computer Crimes In Connecticut
In Connecticut, a person commits a computer crime if there is any violation of the provisions in Connecticut General Statutes 53a-251. This is Connecticut's computer crime statute. The statute defines criminal conduct under the following categories:…
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July 6, 2010
Computer Fraud and Abuse Act In Connecticut
Previously, I have posted about non-compete agreements and the duty of loyalty for employees. Many times, businesses do not have written contracts to protect confidential and proprietary information from not only competitors and vendors, but also their own employees. Without a contract,…
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June 21, 2010
The Standard of Proof in Connecticut for Civil Theft
In Stuart v. Stuart, to be officially released on June 22, 2010, the Connecticut Supreme Court clarified the standard of proof for civil theft cases in Connecticut (download decision here). Prior to this ruling, there was some confusion amongst attorneys and trial courts as to the…
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June 14, 2010
Will Your Data Loss Be Covered By Insurance?
I always recommend that businesses implement a plan for data loss, security breach, and privacy related to electronically stored information. As additional protection, I also typically recommend that businesses investigate additional insurance…
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June 3, 2010
Wondering Where The Line Is On Internet Privacy – – Just Watch Facebook
My firm receives many calls from new or existing businesses with Internet privacy questions. Many calls come from e-commerce businesses, start ups, or businesses that want to utilize information gathered from users accessing their Web sites. Some business owners have…
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May 28, 2010
Laticrete Responds To 50 Million Dollar Verdict
Following my post about the Dur-A-Flex v. Laticrete jury verdict, I received a statement from Laticrete's CEO, David Rothberg. You can read the full statement here. Mr. Rothberg stated that he is "extremely disappointed in the verdict." He added…
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May 26, 2010
Connecticut Civil Procedure – A Law Clerk’s Perspective
Corey Dennis, a former Superior Court clerk in Connecticut, sent me an article he recently published on Connecticut civil procedure. I am posting the article, "Roadmap to Connecticut Procedure" (download here), with the permission of the Connecticut Bar Journal and…
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May 22, 2010
Largest Jury Verdict In Connecticut History For Trade Secret Case
After an eight week jury trial in Waterbury Superior Court, an East Hartford based flooring solutions company,Dur-A-Flex, has been awarded 50.5 million dollars in damages for the misuse of its trade secrets by Laticrete International, a Bethany based multinational…
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May 21, 2010
Complex Litigation Docket For Business Disputes In Connecticut
The Complex Litigation Docket or “CLD” is a special session of the Connecticut Superior Court designed to accommodate the needs of complex cases. The Judicial Branch published a fact sheet about the CLD. Here is a summary of the CLD facts: Designed for…
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May 12, 2010
“I Don’t Want To Be Your Partner Anymore” …. Can That Statement End A Partnership?
After 5 years of litigation, two appeals, and one trial, the answer is.......Yes, that statement can constitute a valid offer to end a Connecticut partnership between two feuding sisters who had agreed in writing to split lottery winnings. The story of the feuding sisters…
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May 3, 2010
Will Data Protection Laws Ever Catch Up To New Technology?
That was the question posed in an email newsletter I received today from the International Association of Privacy Professionals. I am a member of this group out of personal interest and to to stay on top of issues related to privacy laws and technology. One of the…
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