Privacy Essentials When Working from Home

As many people adjust to the reality of working from home, we find ourselves in a situation that we largely didn’t anticipate: seemingly everyone else doing the same thing.  In the past, a day or two here or there doing Zoom meetings or conference calls was interesting, anomalous, and largely ad hoc, so there wasn’t… Read More

What to Do In a Privacy (Health) Crisis

Privacy is not the top priority for most people or businesses dealing with a health crisis, and the spread of COVID-19 means that privacy will (rightly) take a backseat to handling individual and global health needs. Frankly, one of the biggest problems is managing the flow of disinformation/misinformation as it winds its way through social… Read More

Protecting Your Data, Protecting Your Business

One of the biggest concerns we have when we talk to clients about how to create data partnerships is the security and protection of data.  We don’t mean cybersecurity and the literal safeguarding of information, though that’s undoubtedly essential too.  Instead, we’re talking about ensuring that datasets are used only as appropriate, are kept within… Read More

Analog Thinking in a Digital Age

Okay, There’s An App For That. Why? Ho boy.  The Iowa Caucuses were…they happened.  And they happened in a way that was both completely unprecedented and utterly, exhaustingly predictable.  It’s a story line that’s becoming, frankly, a little boring: people use old process, someone decides that an app (or AI) will be better, lots of… Read More

Innovative Data Partnerships (Part II)

We’ve already spent some time discussing the kind of partnerships where a small, innovative firm wants to partner with a larger one to create new value and drive growth.  Many times, this is how the smaller business gets its foot in the door, and (together, perhaps, with a channel agreement) first is able to get… Read More

Online Trust, Facts, and the Best Evidence Rule

When you’re a lawyer and you write about truth, you’re basically asking to be insulted because….you know….you’re a lawyer.  It’s true, some of my fellow legal professionals have occasionally had a less than intimate connection with the truth, but, in general, even the best lawyers squint their eyes and look wary when someone talks about… Read More

How to Make Channel Data Partnerships into Engines for Growth

This week, we’ve explored how you can use channel partnerships to develop your data products, make your brand recognizable, and leverage the skill sets of other companies to drive growth.  Affiliate partnerships give you the benefit of finding new customers and supplementing your areas of weaker (or at least less strong) competency.  Reseller partnerships broadcast… Read More

Understanding Reseller Channel Partnerships

On Monday, we talked about how to structure channel data partnerships, particularly in the context of affiliates.  Affiliate partnerships are a great way to ensure that your data reaches the widest possible audience, relying on the affiliate’s access to potential customers.  They are, in effect, a force multiplier for your data, broadcasting it to a… Read More

Understanding Channel Data Partnerships

Although there’s no shortage of media coverage of data as a valuable asset and data partnerships as an important part of nearly every business transaction, there’s precious little explanation of exactly how data fits into business beyond its role as raw material.  While it’s probably easier to follow the “data as oil” line of thinking,… Read More

Facebook’s Privacy Game

Fads are a big part of January. Everyone wants to hashtag their efforts at keeping up their New Year’s Resolution (#NoCheeseMonth, #NoCarbMonth, #NoFunMonth), and our collective refusal to acknowledge that the holidays are over means we’re all still desperate for distractions. But nobody minds, because we all love fads — it’s why we get obsessed… Read More

Responding to a Data Crisis in Three Steps

It’s been a week, folks.  Not even a week.  And we’ve already got a looming hot war, an active cyberwar, three major data breaches, and the promise of a major fight over GDPR on the very near horizon.  Apparently, 2020 is going to be like 2019, just more so. Normally, this is the time of… Read More

2019: The Year of Meh

To me, the most meaningful meme of this year was “OK, Boomer” (Baby Yoda was a non-event, don’t @ me).  It not only perfectly captures the very real, politically potent generational conflict going on right now, but it also reflects how completely ignored Generation X is in our current culture wars. (I feel no guilt… Read More

Two Gifts You Should Think About Returning

Happy Boxing Day from everyone at Ward PLLC.  We hope that you’re all having an enjoyable, and suitably private, holiday season. For many people, today is a day of quiet, calm, reflection, relaxation, and desperately trying to find out if you can get cash refunds from Restoration Hardware for the gifts your in-laws inexplicably decided… Read More

Don’t Believe Your (Lyin’) Eyes

Like all right-thinking people, I love Marvin Gaye’s rendition of I Heard it Through the Grapevine — ironic though it may be that a privacy lawyer would enjoy a song about unauthorized release of sensitive personal data.  You’re probably hearing it in your head right now, the bassline kicking in and maybe thinking about times… Read More

Enough with the Tracking Already

You may not have read the New York Times Privacy Project yet, but if not, now is the time to do so.  They have begun a series on the nature of tracking individuals via cellphones, armed with a treasure trove of over 50 billion pings on 12 million phones.  The results are dramatic, showing just… Read More

2019 Predictions: How Did We Do?

You may recall that we made some predictions way back in January about what would happen in privacy, privacy law, and data partnerships over the course of 2019.  Well, we believe in accountability, and so it’s time to check out how well we did.  There’s a reason that most people don’t reflect on their New… Read More

The Privacy Quadrant: A DataSmart Approach to User Consent

Very often, we hear clients or businesses express the idea that “we want to give our customers control over the privacy of their data, and that sounds good, but making it a reality is much more complicated.”  That’s a fair assessment — operationalizing privacy is something that companies in the U.S. have a difficult time… Read More

Who Can Sue Over Lost or Misused Data?

It’s hardly controversial to say that data breaches are a bad thing for business, resulting in lost customers, lost confidence, and lost credibility.  But what about the lost data?  What kind of consequences come, for instance, when a malicious insider sells vast quantities of customer data, or an outsider exploits a weakness in your security… Read More

A Follow-Up Q&A on LinkedIn v. hiQ

After our discussion of LinkedIn v. hiQ earlier this week, we received a lot of questions from clients and readers about the implications of the case.  We thought it might be easier to compile some of these questions and our responses to continue the conversation about this important case. Q. It seems unfair that hiQ… Read More

A Court of Appeals Saves Web Scraping (For Now)

We often hear clients ask about how to effectively assemble information from the Internet and, simultaneously, how to separate the noise from the meaningful data.  Although there’s no substitute for experience and wisdom, a large quantity of data analyzed properly will often do in a pinch, as long as you can get the data lawfully… Read More