Technology Law Blog, IT Law & Articles | Foster Swift

How Businesses Are Reacting After United States of America v. Bradley Heppner

Taylor A. Gast, Lindsey M. Mead — Mon, 01 Jun 2026 09:00:01 -0400

After the United States of America v. Bradley Heppner decision in February of this year, businesses have been forced to reconsider their use of generative artificial intelligence (“AI”) in the workplace. Though the Heppner case before the United States District Court of the Southern District of New York (the “Court”) was in a criminal law context, the Court’s decision has created uncertainty regarding confidentiality and privilege expectations in a corporate setting, as well. For a deeper dive into the Heppner case, please see our previous article summarizing the case ...

DOL Echoes Employee Benefits and Cybersecurity Best Practices

Amanda J. Dernovshek, Taylor A. Gast, Mindi M. Johnson — Wed, 02 Oct 2024 09:00:02 -0400

On April 14, 2021, the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance was highly anticipated as the frequency and cost of data breaches affecting employee benefit plans continues to rise.

AI Legal Issues That Can Impact Your Business

Taylor A. Gast, Lindsey M. Mead — Wed, 20 Mar 2024 09:00:03 -0400

Many businesses are using Artificial Intelligence (AI) tools in a variety of innovative ways to improve productivity and to save time and money. According to a 2023 Forbes article (forbes.com/advisor/business/software/ai-in-business/), 1 in 3 businesses plan to use ChatGPT to write their website content while 97% of business owners believe it will help their business.

Using Vendor Management to Protect Your Business's Data

Taylor A. Gast — Thu, 15 Aug 2019 09:00:04 -0400

As a business or business owner, one thing to consider when creating a cybersecurity plan, is a vendor management program. Vendor management programs can help businesses address risks that arise when working with vendors and third parties that might be receiving sensitive information or business information.

How are Businesses Preparing for Proposed Federal Data Privacy Legislation? Part Two: Conduct a Data Assessment and Address Risks

Taylor A. Gast — Wed, 24 Apr 2019 09:00:05 -0400

This is the second part in a series discussing the actions that companies can take to prepare for potential data privacy legislation. Part One summarizes and discusses recently proposed data privacy legislation.

Legal Essentials: Shifting Focus to Data Protection, Cybersecurity and Vendor Management

Mon, 05 Nov 2018 09:00:06 -0500

For an introduction to these areas, visit Taylor's previous video, an Introduction to Data Privacy, Cybersecurity and Third Party Vendor Management.

In recent years, security risks and data breaches have increased and businesses are working to be better equipped to respond to emergency cyber attack and breach situations.

Legal Essentials: An Introduction to Data Privacy, Cybersecurity and Third Party Vendor Management

Thu, 02 Aug 2018 09:00:07 -0400

With the rise of data breaches and regulatory enforcement, businesses must acknowledge cybersecurity and data privacy issues as significant business risks.

Pros and Cons of Software as a Service ("SaaS")

Thu, 11 Jan 2018 09:00:08 -0500

Today, the use of software as a service ("SaaS") is widespread and the cybersecurity considerations are an afterthought.

Get It In Writing: Contracts

Deanna Swisher — Mon, 31 Aug 2015 09:00:09 -0400

Let's say you are going to get into business or enter into an agreement with someone you trust. Do you need to get it in writing? It is always a good idea to have a written agreement. Writing provides clarity. Even the process of working through what you have agreed to, to the point of reducing it to writing, will help you think more precisely about what you have agreed to do and what the other side has agreed to and to articulate better the terms of the agreement. Learn more about why you need to get it in writing in the video below.

The Importance of IT Contract Review

Thu, 17 Apr 2014 09:00:10 -0400

Technology is increasingly becoming an essential component of all industries. This is especially true for the health care industry. As health care providers continue to increase their use of technology, they are asked more and more frequently to enter into software or other IT contracts. Before entering into a contract, no matter the industry, you should always have an attorney review the document.

Learn more about IT Contract Review for health care providers on our Health Care Law Blog here.

Are you interested in IT Contract Review for another industry? Contact one of our technology attorneys to help you review your agreement before you face unexpected problems or unwanted liability.

Software Licenses Do Not Automatically Transfer in a Merger or Acquisition

Mon, 18 Apr 2011 09:00:11 -0400

Software licenses provide businesses with the right to use software programs. Many of these programs become interwoven into the fabric and function of the company. As a general rule companies do not own the software they license. The corollary is that they do not, unless expressly agreed, possess the right to transfer or assign the licensed software they use to a new entity when later involved in a merger, acquisition or internal corporate restructuring.