Insights on Gross Negligence

best practices, bill, Colorado, Gross Negligence, HB 11-1225, negligence, Pabon, Regulation, Security

A Novel Data Security Law Proposed in Colorado

By InfoLawGroup LLP on February 24, 2011

Over the past couple years, many predicted that new state laws would follow the lead of states like Nevada and Massachusetts, and some anticipated we could see a situation where 50 different privacy/security laws across the country. Now it looks like we are beginning to see some renewed activity on the state level. In Hawaii we have a proposed bill that would require breached entities to provide credit monitoring and call center services to impacted individuals. In my home state, Colorado, a legislator (Dan Pabon) has proposed a novel bill that takes a new approach to incentivizing companies to implement good security. In this post, we take a look at the highlights of the Colorado bill.

contracts, Domain Registrar, Gross Negligence, New York

Court in Domain Hijacking Case, Reminds Parties: You Can't Contractually Limit Liability in NY for Willful or Grossly Negligence Conduct

By InfoLawGroup LLP on September 22, 2010

Under New York law it's settled doctrine that "contractual provisions that 'clearly, directly and absolutely' limit liability for 'any act or omission' are enforceable, 'especially when entered into at arm's length by sophisticated contracting parties.'" And that New York courts "generally enforce contractual waivers or limitations of liability."