Publications

For more than 40 years Alan S. Wernick has been writing and publishing articles. His published topics on law, technology, and business reflect, in part, issues relevant to his business clients. Topics include issues evolving at the intersection of technology, business, law, and innovation, and helping people in business navigate, understand, and manage risks associated with these issues.

Partial Listing of Articles: For copies of these articles (or to request permission to re-publish any of these articles), please send your request via email to ALAN@WERNICK.COM and include the title and date of the article along with your full name and contact information (e.g., e-mail address, mailing address, and phone number(s)).

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Publications by date:

Present - 2009 | 2008 - 2002 | 2001 - 1992 | Pre-1991

Title

Date

Publication

"Second Circuit Court of Appeals Refers Attorney Who Cited Nonexistent Case Provided by ChatGPT for Discipline Investigation" 2024 Jan ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Robocallers Beware! FCC Issuing Enforcement Actions" 2023 Dec ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"SEC Adopts New Rules on Cybersecurity Risks for Public Companies" 2023 Jul ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Judge Vacates Jury BIPA Damages Award and Orders New Trial on BIPA Damages Issue" 2023 Jun ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Munich Re – Cyber Insurance Risks and Trends 2023" 2023 Apr ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Employer’s Defense Against BIPA Class Action Lawsuits – Collective Bargaining Agreements" 2023 Mar ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Illinois Supreme Court Holds That Under BIPA Every Scan Counts" 2023 Feb ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Illinois Supreme Court Holds 5-Year Statute of Limitations for Violations Applies to BIPA" 2023 Feb ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"NY Department of Financial Services Proposes Amendments to Cybersecurity Requirements for Financial Services Companies" 2022 Dec ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"CCPA Settlement: Retailer Accused of Violation of Privacy Laws Agrees to Pay $1.2 Million Penalty to California Attorney General" 2022 Aug ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Twitter’s Deceptive Use of Customer Account Security Data Results in $150 Million Fine Plus Additional Restrictions" 2022 Jun ABA Business Law Today
"Microsoft and Insurance Broker Marsh McLennan Release Report 'The State of Cyber Resilience'” 2022 May ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Council of Insurance Agents & Brokers’ Commercial Property/Casualty Market Index Q4/2021 – Cyber Insurance Premiums Increase 34.3%" 2022 May ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Twitter’s Deceptive Use of Customer Account Security Data Results in $150 Million Fine Plus Additional Restrictions" 2022 May ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Biometric Information Privacy Act – Critical Interactions with Workers' Compensation Act" 2022 Feb ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Biometric Information Privacy Act – Critical Interactions with Collective Bargaining Agreements" 2022 Feb ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"CISA/FBI Release Reminder for Critical Infrastructure (and Other Businesses) to Stay Vigilant Against Threats During Holidays and Weekends" 2021 Dec 1 ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"SEC Increasing Cyber Threat Enforcement: Charges Issuer with Failure to Maintain Proper Cybersecurity Controls and Procedures" 2021 Oct 1 ABA Business Law Today
"Biometric Information Privacy Act and Collective Bargaining Agreements" 2021 Sep ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"CISA Issues Guidance on Protecting Sensitive and Personal Information from Ransomware Caused Data Breaches" 2021 Aug ABA Business Law Today, Month-In-Brief: Internet Law & Cyber-Security
"Vendor Contracting Project: Cybersecurity Checklist, 2nd Edition (2021)" (Alan was one of several members of the ABA Cybersecurity Legal Task Force involved in the preparation of this work.) 2021 May ABA, Cybersecurity Legal Task Force
"Mergers & Acquisitions: Cybersecurity Traps for the Seller & Buyer" 2020 Aug 05 Wolters Kluwer Securities Regulation Daily
"Biometric Information Privacy Laws" 2020 Jan International Legal Technology Association Blog
"Biometrics Information - Permanent Personally Identifiable Information Risk" 2019 Jan ABA Business Law Today
"Drone Technologies: Business Opportunities & Legal Risks" 2016 Nov Fine Print (OSBA Publication)
"New York's Proposed Cybersecurity Requirements for Financial Services Companies – Ripple Effect Across The Financial Services Industry" 2016 Oct LinkedIn Post
"Privacy Shield" 2016 Sep Wolters Kluwer Securities Regulation Daily
"Leadership and Cybersecurity" 2016 Jul ITIP Alert
"Drone Technologies in Business" 2016 Jul ITIP Alert
"Cybersecurity and the SEC" 2016 Jul ITIP Alert
"Trade Secrets -- A Fragile Web" 2015 Feb ITIP Alert
"Wi-Fi Interference Is Illegal" 2015 Feb ITIP Alert
"Business Law 101: Ignorance Is No Defense -- Read The Contract!" 2015 Feb ITIP Alert
"TCPA violations: An unexpectedly expensive marketing technology" 2013 Dec Chicago Lawyer Magazine
"High court upholds 'first-sale' doctrine" 2013 Jul Chicago Lawyer Magazine
"Computing connectivity risks" 2013 Mar Chicago Lawyer Magazine
"Enforceable digital contracts" 2012 Dec Chicago Lawyer Magazine
"As mobile apps grow, so do potential problems" 2012 Oct Chicago Lawyer Magazine
"Cybersquatting Violations" 2012 Aug Chicago Lawyer Magazine
"Death and the digital age" 2012 Apr Chicago Lawyer Magazine
"Copyright: It's the law and facts" 2012 Feb Chicago Lawyer Magazine
"Data breach notice laws are changing" 2011 Nov Chicago Lawyer Magazine
"Turning up the heat on spam" 2011 Sep Chicago Lawyer Magazine
"Be on guard or pay the price" 2011 Jul Chicago Lawyer Magazine
"Cloud Computing Definition Evolving" 2011 May 20 Inside Counsel
"Use Caution in Contracts" 2011 May Chicago Lawyer Magazine
"VARA Issues Blossom Into a Copyright Claim" 2011 Apr 22 Inside Counsel
"HIPAA goes HITECH with Substantial Civil Money Penalties" 2011 Mar 25 Inside Counsel
"Blurry Software License Results in Failed Claim and More" 2011 Mar 04 Inside Counsel
"Who owns your domain name?" 2011 Mar Chicago Lawyer Magazine
"Domain Name Liabilities" 2011 Feb 11 Inside Counsel
"Is your business really PCI compliant?" 2010 Dec Chicago Lawyer Magazine
"Jurisdiction in a global village" 2010 Oct Chicago Lawyer Magazine
"Warning Cloud" 2010 Summer Insights (published by Willamette Management Associates)
"A view from the Supreme Court" 2010 Jul Chicago Lawyer Magazine
"Grasping derivative works, copyrights" 2010 May Chicago Lawyer Magazine
Balancing opportunities and risks 2010 Feb Chicago Lawyer Magazine
"Copyright Notice and Registration Benefits Copyright Owner" 2009 Dec Legal Basics for Small Business, 2009 Ed.
"Reorganizations and Licenses" 2009 Nov Chicago Lawyer Magazine
"Cloudy discovery" 2009 Sep Chicago Lawyer Magazine
"Copyright: What’s the big idea?" 2009 July Chicago Lawyer Magazine
Red Flags Rule: Will you be compliant or complacent? 2009 July OSBA - Ohio Lawyer
"Cloud Computing -- A Legal Fog" 2009 July CCH Guide to Computer Law Practitioner’s Perspective
"A Legal Fog" -- Cloud Computing 2009 May Chicago Lawyer Magazine
"Bankruptcy and the software license" 2009 Mar Chicago Lawyer Magazine
"The copyright" 2009 Feb Chicago Lawyer Magazine
"Blogging opportunities and risks" 2009 Jan Chicago Lawyer Magazine
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"Red Flags Rule" 2008 Dec Chicago Lawyer Magazine
"Website ownership" 2008 Nov Chicago Lawyer Magazine
"Open Source Software Copyright" 2008 Oct Chicago Lawyer Magazine
"Employer’s technology usage policy" 2008 Sep Chicago Lawyer Magazine
"Privacy and liability in a connected world" 2008 Aug Chicago Lawyer Magazine
"Three strikes and you’re out" 2008 July Chicago Lawyer Magazine
"E-discovery — business as usual" 2008 June Chicago Lawyer Magazine
"Arbitration begins with the contract" 2008 May Chicago Lawyer Magazine
"Drafting A Fantasy Law Firm" 2008Apr28 The National Law Journal
"Issues in mergers & acquisitions —The prepared seller" 2008 Apr Chicago Lawyer Magazine
"DMCA provides pitfalls and remedies" 2008 Mar Chicago Lawyer Magazine
"Computer contracts — the four corners" 2008 Feb Chicago Lawyer Magazine
"Online contracts — Take notice!" 2008 Jan Chicago Lawyer Magazine
"Connectivity, Privacy, and Liability" 2007 Apr Journal of AHIMA
"Data Theft and State Law" 2006 Dec Journal of AHIMA
"Illinois Consumer Data Breach Notification Law Takes Effect" 2005 Dec CCH Guide to Computer Law

"Rights In A Database Don't Extend To Inputted Information, Court Held"

2004 Jan The National Law Journal
"Consider Your Intellectual Capital Assets" 2002 Mar Retail Register
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"Perfecting security interests in computer programs – Collateral Protection"

2001 Dec

Business Law News, State Bar of Wisconsin

"Protecting online treasures – Federal law sends cyberpirates and cybersquatters to the plank"

2001 Nov

OSBA - Ohio Lawyer

"Copyrights and Codes: Model Building Codes as Protectable Works Under the U.S. Copyright Laws"

2001 Jun 1

CCH Guide to Computer Law

"ISPs could not rely on immunity in two cases: CDA defense ruled out in trademark case; safe-harbor defense nixed in DMCA case"

2001 May 14

The National Law Journal

ISP: You’ve Got Mail – And Ignoring It Could By-Pass the Safe Harbor of the DMCA"

2001 Mar 7

Electronic Commerce & Law Report

"Internet Music After Napster: U.S. Copyright Office Focus on Interactive Webcasting ‘Services’"

2001 Feb

Cyberspace Lawyer

"Myth: Notice of Copyright Required"

2001 Jan

Fine Print (OSBA Publication)

"How to Provide a Proper Copyright Notice"

2001 Jan

Fine Print (OSBA Publication)

"Trademark Owners Receive New Federal Law in their Fight Against Cyberpirates and Cybersquatters"

2000 Mar

E-Commerce Law Report

"Internet: Fundamental Legal Issues – Domain Name"

1996 May

BARbriefs

"Originality Issue in Copyright"

1995 Sep

BARbriefs

"‘Market realities’ in the analysis of copyright infringement of computer programs"

1995 May

The Computer Law and Security Report

"Mark these words: Name is a key asset"

1993 Mar

Business First – Innovation

"Go to the source for vital code"

1992 Nov

Discovery ‘92

"Copyright Myth No. 4: It’s OK to photocopy newsletters"

1992 Sep

Discovery ‘92

"IP due diligence in a sale: Probing the Status of Intellectual Property Assets"

1992 Sep

Computer Law Strategist

"Copyright Myth No. 3: Registration is without benefit"

1992 Aug

Business First – Discovery ‘92

"Copyright Myth No. 2: Notice required of copyright"

1992 Jun

Business First – Discovery ‘92

"Copyright Myth No. 1: Registration Required"

1992 May

Business First – Discovery ‘92

"‘Best efforts’ clauses in computer contracts"

1992 Mar

Licensing Law & Business Report

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"The Software Bankruptcy Trap: Avoiding licensee loss of rights under §365(n) of the Code"

1991 Apr

Computer Law Strategist

"How to perfect security interest in software"

1990 Sep

Computer Law Strategist

"The Work Made for Hire and Joint Work Copyright Doctrines after CCNV v. Reid: What! You Mean I Don’t Own It Even Though I Paid in Full For It?"

1990 Apr

Hamline Law Review

"Supreme Court rules on 'work made for hire': How does it affect software contracts?"

1989 Jul

Computer Law Strategist

Book: "A User's Guide to Computer Contracting" (1988 Supplement) 1988 Prentice-Hall Law and Business

"New Act Protects Licensee’s Rights if Licensor Files for Bankruptcy"

1988 Nov

Computer Law Strategist

"Using letters of credit in computer acquisitions"

1988 Mar

Computer Law Strategist

"Fifth Circuit Declines to Follow Whelan: Goodpasture considers 'market realities'"

1987 Apr

Computer Law Strategist

"Computer Systems Acquisitions And The Use Of Performance Bonds"

1987 Jan

Library Hi Tech

"Internal Corporate Protection of Third Party Proprietary Information"

1986 Oct

Trade Secret Law Reporter

"Source code escrow: Drafting around the bankruptcy dilemma"

1986 Jun

Computer Law Strategist

"Preventive Law and Computer Contracts"

1984 Sep

Computer Negotiations Report

"Buying Software? Proceed with caution"

1983 Nov

Ohio Business

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