Photo of Nate Garhart

Nate Garhart’s practice centers on protecting and maximizing the value of various forms of intellectual property, which often represent important assets and major revenue sources for organizations ranging from startups to public companies and nonprofits.

Nate’s work spans the gamut from selecting and registering trademarks, to protecting and enforcing copyrights, to strategic negotiation of licenses of all kinds. He also works with clients to minimize the legal risks related to their branding, advertising, and publicity strategies.

Online, he counsels clients on internet issues and e-commerce topics, drafts website terms of use and privacy policies helping clients comply with Europe’s GDPR and California’s CCPA, and reviews customer communications for compliance with current laws.

Contact: ngarhart@fbm.com

It was recently discovered that a certain software product, in this case used by numerous cannabis companies around the country, was not secure and allowed access to consumer data of companies using the software. You can read more about it in this linked article. This isn’t the first time a security vulnerability was introduced by the use of third-party software, and it won’t be the last. The CCPA requires “reasonable security measures” be taken to protect consumer data. It is likely that employing vulnerable software will be seen to violate this standard (it has yet to be tested), but will it lead to liability of the company employing the software?  I think it will.

So what is a company to do when purchasing third-party software that will store or otherwise have access to consumer data?
Continue Reading Data Security: Are you looking at your third party software?