Gawker hacked

As some of you may know, the website Gawker and its corresponding subsidiaries were hacked.  Already, there are questions as to whether LinkedIn, Google and other companies are shutting down accounts due to the leaked information.  If you are wondering whether your account information was compromised, you can go to http://www.slate.com/id/2277768/ and enter your information.  This is a good warning to individuals and businesses to ensure that the usernames and passwords that you use or make your employees use are secure and where they are stored is secure.  If you have any questions about this or what type of policy you should have for your employees communications, IT usage, or social media usage while using company products, please call me, your Denver Small Business Lawyer, at 720-258-6647.

Can I be sued there?

Today’s Legal Minute for Small Businesses: The last thing a small business owner needs is to be defending a lawsuit in a state that the small business owner doesn’t live in.  Unfortunately, that is exactly what can happen if the small business owner doesn’t have a contract with the people and companies he or she works with that lays out what courts have jurisdiction over any disputes.  A well written contract will state both where any lawsuits must take place (i.e. both parties agree to Denver County District Court having jurisdiction) and what state’s laws will govern any disputes (i.e. both parties agree that the laws of the State of Colorado will govern any disputes between them).  By having both a jurisdiction clause and a choice of law clause, a small business owner can help ensure that he or she won’t be defending a suit in another state.  ***Although, please note, that a jurisdiction clause and choice of law clause may not protect you from defending a suit in another state in all cases.  Please check with your attorney to determine if these clauses are helpful for your specific contract!***

Why you need a software development contract!

Today’s Legal Minute for Small Businesses: Are you having software developed?  Are you developing software for someone else?  Have you considered who is going to own the software after it is created?  A software development contract can ensure that all the parties know who owns the software that is created – and stop costly litigation fights over ownership in the future!

Do you have pictures on your website?

Today’s Legal Minute for Small Businesses: Do you have pictures on your website? For most people with a business website, the answer is yes.  However, for people that use website developers, many cannot answer the question whether or not they have the right to use the picture.  Copyright infringement occurs when you use a picture that is not yours without permission.  Permission can be granted either through a license (for instance the Creative Commons license) or through requesting and receiving permission from the owner.  Using pictures without permission can result in litigation and costly fines.  If you have pictures on your website and do not know if you have permission to use them, please feel free to contact me, your Denver small business lawyer, at 720-258-6647 or Elizabeth.Lewis@eclewis.com.

Do you screen potential employees using Facebook or other online sites?

Today’s Legal Minute for Small Businesses: Do you screen potential employees using Facebook or other online sites?  If so, you may have a potential litigation nightmare on your hands and not even know it.  By using online sites such as Facebook, LinkedIn, or Twitter to help determine if you want to hire someone, you may be opening yourself up to a lawsuit for discrimination.  By looking at a Facebook site, especially one with pictures, you may be able to determine someone’s sex, race, martial status, and approximate age.  This information cannot in most instances be used to discriminate against someone; however, once you have this information it is difficult to prove that you did not interview someone based on something other than this information.  If you use online searches to research potential employees and want to make sure you limit your legal liability, please feel free to contact me, your Denver business attorney, 720-258-6647 or Elizabeth.Lewis@eclewis.com.

Have you read the terms of service for your email account?

Today’s Legal Minute for Small Businesses: Have you read the terms of service for you email account?  In today’s business world, an email address has moved from being a luxury to being a must.  Even apartment buildings list an email address you can write for more information.  However, have you ever read the terms of service for your email account?  Do you know who has access to the account?  How does the company handle subpoenas or other requests for information?  If you are using a public email company, which most people do, it is important that you read and understand what the company does with your personal information, the emails you receive, and the emails you send.  Depending on your profession and your business, you may have to limit what you do through the company if the policies are such that you are worried about privacy or legal issues.  If after reading the terms of service for your email account for your business you have any questions, please feel free to contact me, your Denver small business lawyer, at 720-258-6647 or Elizabeth.Lewis@eclewis.com.