Klemchuk LLP

The IoT Cybersecurity Improvement Act Sets National Standards for Smart Devices Despite the ongoing pandemic, election issues, and all around chaos that seems to plague society today, Congress has managed to complete the final touches on a new law that will regulate the Internet of Things (“IoT”).  Known as the IoT Cybersecurity Improvement Act, the law has received bipartisan support and approval from the industry.   IoT Cybersecurity Improvement Act Sets Standards  Under the advisement of technology…
Uber Faces High-Profile Lawsuit: GDPR Article 22 and Algorithms for Terminations The use of algorithms to make decisions has become increasingly prevalent in today’s fast-paced, technology-driven world.  From ranking a user’s visibility on social media platforms to calculating grades on tests, the use of these automated processes and formulas have become commonplace, although they often remain behind-the-scenes.  This might change, however, with a recent lawsuit brought under Article 22 of the European’s Union’s General Data Protection Regulation…
Recent Changes in Law Allow for Treble Damages in Korean Trademark Cases Protection of intellectual property in the United States has long been written into American law since the days of our founding fathers.  Across the globe, however, Asian countries, especially China, have often been criticized for what many consider to be a more lax view on intellectual property rights.  Calculating Damages in Korean Trademark Infringement Cases Since the early 2000’s, however, Asian countries have increasingly…
Proposed Bill Seeks Shift in Government Power to Shut Down the Internet In today’s day and age of incoming 5G, widespread wireless communications, and ever-present access to the Internet, it is interesting to note that the Executive Brach has had the power to shut down the Internet since 1934.   The Power of the Executive Branch to Shut Down the Internet According to the 1934 Communications Act, the Executive Branch may shut down wireless communications in…
Can the Healthcare Industry Claim Pricing as Trade Secret Information to Avoid Disclosure? As the COVID-19 pandemic continues to wreak havoc across the globe, increased scrutiny has fallen on the national healthcare system.  In the United States, the federal government has passed a number of new policies aimed at making the healthcare system more transparent about its pricing, but such initiatives have hospitals and healthcare providers balking at the possibility of having to share pricing information,…
The Texas Alternative Dispute Resolution Act (Texas Civil Practices and Remedies Code Section 154) sets forth the requirements in the State of Texas for referral by Texas courts of disputes to alternative dispute resolution procedures (ADR).  The Act addresses ADR procedures such as: A policy that encourages peaceable resolution of disputes, with special consideration to the early settlement of pending litigation through voluntary settlement procedures; Setting forth a process by which disputes may be referred to…
The New Normal for Business Should Include Protecting Trade Secrets As we head into what many fear may be the second wave of the COVID-19 pandemic, the global economy has slowly begun to kick back into gear.  But as businesses struggle to come back online, many have had to drastically cut costs, staff, and overhead.  Now the new normal for busines often requires employees to work remotely, to expect shorter hours, or be potentially laid off.  Protecting…
New Encryption Protocols for Privacy Could Hinder Law Enforcement Efforts Against Child Exploitation As technology becomes more evolved and encryption becomes more necessary, the conflict between personal privacy and national security becomes more fervent, specifically on social media platforms that have become cesspools of illegal activity.  For example, in a recent international study, a report warned that approximately 84% of the 68 million child pornography images tracked by experts last year were available and being trafficked through Facebook.  How New Encryption Protocols…
Trademark Registration Process and Cost What Is a Trademark? According to the U.S. Patent and Trademark Office website, a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.  Some examples include brand names, slogans, and logos.  The term “trademark” generally refers to both…
Cities Trend to Ban of Facial Recognition Software in Public  Last month, the city of Portland, Oregon, adopted two new ordinances that prohibit the use of facial recognition technology by both the city and in areas of public accommodation, which will affect some private businesses.  In so doing, Portland is only the third city to do so, following the likes of Boston and San Francisco.     Portland Adopts Ordinances for Ban of Facial Recognition Software In deciding to ban facial recognition software, Mayor Ted Wheeler cited concerns…