Author Archives: John Hutchins

John Hutchins

About: John Hutchins

John Hutchins represents businesses in all types of commercial litigation and various types of transactions involving information technology, intellectual property and privacy and data security. John's more than 20 years of litigation experience runs the gamut in subject matter, from data breaches, to eminent domain, to vintage race cars, to death penalty habeas corpus. He has particular experience in matters involving privacy and data security, computer hardware and software development projects, government procurement, protection of trade secrets and proprietary business information, the Internet and e-commerce, cloud computing, trademark and copyright infringement, restrictive covenants and breach of fiduciary duty.

Why Social Media Matters

The Internet changed everything; Social Media has changed the Internet, and therefore everything. Not many born before 1990 would argue with the assertion that, in our lifetime, the Internet has changed just about everything. Here are a few examples: Postal mail (“snail mail”) is well on the way to obsolescence. The United States Postal Service projects that First-Class Mail will decline by 35% by 2020. All types of mail (including junk mail) will decline by 30%. The number of print newspaper readers is falling like a rock, and the industry is in serious crisis, indicated by bankruptcy filings, interested sellers …

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Do You Have a Data Breach Response Plan? U.S. Department of Justice Thinks You Should

In the wake of significant retailer data breaches in 2013 and 2014, and additional significant breaches continuing in 2015, a trend is clearly developing — an expectation of proactive risk identification and mitigation from a legal, technical and business process perspective as the “gold standard” in terms of what organizations should be doing to protect sensitive customer, consumer or individual data, particularly with regard to the ever-expanding category of “personally identifiable information.” Massachusetts, Nevada and New Hampshire have passed laws specifically requiring private sector cybersecurity assessment and adherence to security standards by companies holding sensitive consumer data. It’s a matter …

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Do Email Disclaimers Really Work?

You’ve probably received an email with a legend at the bottom that reads something like this: This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not …

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Can I Use That Cool Video on YouTube? (Part II)

This is the second part of a two-part article (Part I is here) to try to help folks answer a common question: “I found this great clip on YouTube, and it [fill in the blank: “is really funny” or “really illustrates my point well” or “works really well in my presentation]. Can I use it?” It’s not a really easy question to answer, even in context. In the abstract, it’s even harder. But, as pointed out in Part I, there are essentially three main sources to which people can look when considering the answer to the “Can I Use It?” …

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Can I Use That Really Cool YouTube Video? (Part I)

A question I get fairly often is: “I found this great clip on YouTube, and it [fill in the blank: “is really funny” or “really illustrates my point well” or “works really well in my presentation]. Can I use it?” Many people more or less blindly assume that, if a video has been posted on YouTube (or otherwise on the Internet) and you have some purpose for which you want to use it, it’s fair game. But it’s not that simple. In reality, the answer to the question of “Can I use it?” is really: “It depends.” This is not …

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