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The Legal Checkup

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in the United States and throughout the world is constantly changing. It is naïve to think that just because a certain activity was legal in 1998, that it is still legal in 2017. In my experience, business operators can be stubborn and unintentionally engage in conduct that may have started as legal but is now considered unlawful. A turbulent or significant change…

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FTC Testifies about Data Security and Small Business

According to the Federal Trade Commission (FTC), earlier today (March 8, 2017), Acting FTC Chairman Maureen K. Ohlhausen spoke about the FTC’s continuing efforts in protecting consumers and educating small businesses on ways to keep consumer data secure. “Failing to take reasonable precautions to secure data from identity thieves and other malicious actors hurts consumers and legitimate businesses alike,” Acting Chairman Ohlhausen said in her written testimony. “Data breaches can harm a business’s financial interests and reputation as well as result in the loss of consumer confidence in the businesses to whom they entrust their data. In the case of small businesses, a data breach can be devastating.” Internet attorney Corey Silverstein has been stressing the importance of data security for years and Silverstein Legal spends a substantial portion of its daily resources on assisting website operators with their data security practices. Website attorney Corey Silverstein continues to insist that online business operators need to treat data security and privacy law as a priority. “Our team of internet lawyers are always ready to educate our clients and prospective clients on the dangers of ignoring data security, privacy and applicable internet law.” Website lawyer, Corey Silverstein says. Silverstein Legal always invites…

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Internet Lawyer, Corey Silverstein Accepts Invitation to Speak at Michigan State College of Law

Silverstein Legal is proud to announce that website lawyer, Corey Silverstein has accepted an invitation to speak at Michigan State College of Law, Journal of Business and Securities Law, Vol. 17 Spring Symposium. Internet attorney, Corey Silverstein is scheduled to speak on Friday, April 7, 2017 at 10:45a.m. at the Michigan State University Law College Building, Castle Board Room, 3rd Floor. Mr. Silverstein’s panel is entitled Regulation: The Legal Perspective on Evolving Federal and State Law and the following are the planned general discussion points: Setting the stage for the afternoon discussion on delivery of legal services and issues from the perspective of in-house professionals: Wyndham Hotels Case implications: What are the projections following the Third Circuit’s holding that the FTC can use the prohibition on unfair practices under section 5 of the FTC Act to regulate cybersecurity? Is the FTC limited in its authority to regulate cybersecurity controls? What constitutes fair notice that a company’s specific cybersecurity practices fall short of what the law requires? What is the status on federal law in the 6th Circuit regarding FTC authority to regulate cybersecurity? What other sources of law authorize the regulation of cybersecurity? Who else (state/federal agencies) has authority to…

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Data Breach Hits Michigan State University

News outlets across the world are reporting that a major data breach has occurred at Michigan State University. The Lansing State Journal reports that a university spokesman confirmed on Friday that about 400,000 records were affected that include names, social security numbers and Michigan State University identification numbers. Apparently, the University became aware of the data breach when it received an email that allegedly attempted to extort money. Michigan State University was quick to announce that it is offering to pay for 2 years of identity theft protection, fraud recovery, and credit monitoring for affected individuals. Unfortunately, this is a continuing trend in a world that is now dominated by news headlines that are reporting large-scale data breaches on a daily basis. Internet attorney Corey Silverstein, has been studying internet security and data breaches for his entire legal career and Silverstein Legal is your best option when it comes to internet security and data breach law. Website lawyer, Corey Silverstein and his team of internet lawyers are ready to help you prepare yourself from the legal consequences of a data breach. In the unfortunate instance that you or your business has been affected by a data breach, you need to…

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Website Lawyer, Corey Silverstein Reminds You to Have Your Online Business Reviewed for Legal Compliance

There are far too many online business operators that are not taking legal compliance seriously enough and subjecting themselves to potential liability. A commercial website is still a business regardless of the fact that its home is the world wide web, instead of a traditional brick and mortar facility. In its October 2014 Web Server Survey, NetCraft confirmed that there are over 1 billion websites on the world wide web today. If you think that governments and enforcement agencies across the world have not taken notice of this fact, then you are kidding yourself. In the United States, federal agencies such as the Federal Trade Commission (“FTC”) are prosecuting website operators at an increasing rate with more severe penalties. State attorneys are exercising subpoena power and commencing enforcement actions more than ever before and the United States has not been shy about seizing websites that are suspected of violating applicable law. Additionally, private civil lawsuits in both the federal and state courts involving online businesses and the internet are an everyday occurrence and at all-time highs. Almost all traditional (brick and mortar) successful business operators make legal compliance a top priority and usually won’t even open their doors for business…

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Website Attorney, Corey Silverstein Weighs in on Instant Messaging Security Issues

In the past few weeks our internet lawyers have seen an exponential increase in the number of client inquiries related to instant messenger hacks. Whether you are using Skype, WhatsApp, FaceBook Messenger, ICQ or any other instant messaging tool, it is essential that you know what to do if you suspect that your account has been hacked or if you see that someone else’s account has been compromised. First things first, if you aren’t using anti-virus and anti-malware software, stop reading this post and go get both. There are plenty of excellent free options available online. (Yes, this applies to you Apple users). Secondly, do not share your passwords with anyone. Not your wife, neighbor, child, or invisible friend. Nobody. Third, make sure that your password contains a combination of upper case letters, lower cases letter, numbers and symbols. You should be avoiding passwords that include personal information such as your address, date of birth, social security number or middle name etc. Fourth, change your passwords often. Fifth, do not click on strange links that you do not recognize regardless of who the link is from. If a link looks suspicious then 99.9% of the time it is malicious in…

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Privacy Shield Framework

Say Hello to the EU-US Privacy Shield Framework

In October 2015, the European Court of Justice invalidated the International Safe Harbor Privacy Principles which were established in 2000. The Safe Harbor Privacy Principles allowed certified U.S. companies to receive personal data of EU residents in compliance with EU cross-border transfer rules. While many rejoiced the invalidation, numerous legal experts predicted that the invalidated Safe Harbor Privacy Principles would quickly be replaced. The legal experts were right. The EU-US Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. After more than two years of negotiations, on July 12, 2016, the framework was adopted by the European Commission and went into effect the same day. View the full text of the EU-US Privacy Shield framework. The U.S. Department of Commerce Secretary, Penny Pritzker and EU Justice Commissioner Věra Jourová announced the deal together in Brussels. Jourová was quick to point out that the EU-US Privacy Shield is fundamentally different from the previous Safe Harbor arrangement because of the annual joint review, which allows the EU to address any issues as they arise. Jourová went on to say “it brings stronger data protection standards that are better enforced,…

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Corey D Silverstein and Nigel Williams

Let’s Talk Digital Marketing and Law

We had the pleasure to sit down and talk with Corey, owner of the Law Offices of Corey Silverstein, P.C.. Corey has extensive knowledge in the digital marketing field. When we asked Corey what he saw as the biggest errors for those just starting out in digital marketing make, he was quick to answer. You Need an Agreement This may seem a matter of common sense in most businesses, but Corey indicates people sometimes underestimate the need for a good agreement in their excitement over opening a digital business. He cautions that it is still a business and must be thought of as such. When asked what type of information is necessary in a good agreement, he named several factors: *Profit/Loss distribution - Everyone gets excited about the prospect of earning money and often don't consider how the profits will be divided. What is even more likely to cause conflict is deciding how a loss will effect each member of the deal. In regards to any business, Corey cautions, even family members need a legally binding agreement when money is involved. *Ending of partnership - What terms are in place if one partner decides to pull out of the business…

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Mounting Breaches: Are You Paying Enough Attention to Internet Security?

For those of you who haven’t been paying attention to the news, there is an epidemic in the online world and it’s getting worse. Last month JPMorgan Chase announced that 76 million households were affected by a recent security breach in which many individuals had their personal information stolen by hackers. To put things in perspective, JPMorgan Chase has 65.8 million open accounts including 30.1 million checking accounts. It’s the second largest mortgage originator in the U.S., and the third largest auto-lender not owned by a car manufacturer. According to the Identify Theft Resource Center, there have been 579 data breaches this year, a 27.5 percent increase over the same period last year. In addition to JPMorgan Chase, reportedly, Target, P.F. Chang’s, Jimmy John’s, Neiman Marcus, Michaels and Sally Beauty Supply have all recently fallen victim to massive hacks and data theft. Millions of pieces of data including names, birthdates, addresses, telephone numbers, drivers license numbers, credit card numbers and more are now in the hands of individuals with bad intentions. This sensitive data is being traded, sold and utilized unbeknownst to individuals all over the world. Sadly, the media doesn’t find all data breaches juicy enough to make the…

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