Disturbing Rise in Internet Harassment and Cyber Bullying Part Of Growing Trend
The tragic suicide of Rutgers University student, Tyler Clementi, shows the potential devastating impacts arising from misuse of the Internet and social media sites such as YouTube, Facebook, and Twitter. This incident also serves as a reminder of the rapid sea change that technology brings and how our laws struggle to keep pace especially when it comes to new […]
Can You Record Phone Conversations In Connecticut To Help Your Lawsuit?
You might be surprised how many times I am asked this question. Of course, the circumstances of every case warrant separate consideration, but here are the basic facts concerning recording of phone conversations in Connecticut as it relates to civil litigation and lawsuits: Civil Liability. You are subject to liability in a civil lawsuit if you violate Connecticut […]
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 hire a Connecticut lawyer, […]
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 bulletin on August 18, 2010. The new regulation requires immediate notification to the Department […]
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, 2010. Business owners often chose to a form a […]
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 provider. The study involved a benchmark cost analysis of 45 different companies ranging from 500 employees to over 100,000. Here are […]
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: Unauthorized access to a computer system Theft of computer services Interruption of computer services Misuse of computer system information Destruction of computer equipment […]
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, the common law of Connecticut concerning breach of fiduciary duty is one of […]
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 appropriate standard of proof for a civil theft claim under Connecticut […]
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 coverage. In particular, business owners with risk should investigate insurance coverage for first and third party claims arising out of a loss of data, security breach, or technology errors. These […]