Law Offices of Marina Nazarbekian

04/06/2025

You are a small business interested in government grants to help fund your R& D, but who owns the IP if the government is paying for it ?

Before the Bayh-Dole Act was enacted in 1980, the federal government typically claimed ownership of patents for inventions developed with its funding. This often left groundbreaking innovations languishing in bureaucratic limbo, with little incentive for private entities to bring them to market. The...

01/19/2024

Did you know: Texas is the 11th state to provide consumers with comprehensive privacy protection? This was achieved by enacting the Texas Data Privacy and Security Act ( TDPSA) on June 16, 2023. The law itself actually goes into effect on July 1, 2024.

Who does it apply to?

Persons and entities that meet ALL of the following conditions:
 Conduct business in Texas or produce products or services that Texas residents consume.
 Process any volume of personal data or engage in personal data sales.
 Do not qualify as a small business as defined by the US Small Business Administration. However, please note that a small business must still obtain the consumer’s consent prior to selling sensitive personal data.

The following is an example of entities that are excluded from TDPSA :
 State agencies or political subdivisions
 Nonprofits
 Institutes of higher education
 Electric utilities, power generations companies nad retail electric providers
 Employment related data
 Entities or data regulated by other sector-specific laws like HIPAA, GLBA, FCRA and COPPA)

TDPSA considers the following to be sensitive personal data:
 Revealing an individual’s:
o Religious beliefs
o Mental or physical health diagnosis
o Racial or ethnic origin
o Citizenship or immigration status
o Sexuality
 Personal data collected from a known child
 Precise geolocation data
 Genetic or biometric data processed to uniquely identify an individual

What must you as a regulated person/entity do if you fall under TDPSA?

 Minimize data collection to the extent possible
 Maintain transparency by issuing privacy notices with specific disclaimers if you engage in the sale of sensitive or biometric data
 Limit personal data use to purposes reasonably necessary for the disclosed processing purpose unless the consumer agrees to secondary use
 Provide reasonable data security to protect the personal data’s confidentiality, integrity and accessibility
 No discrimination or retaliation if a consumer exercises their rights under TDPSA
 Avoid unlawful discrimination when processing personal data
 Comply with COPPA ( regarding children’s sensitive data)
 Obtain consent before processing sensitive data
 Timely respond to consumer requests to exercise their personal data rights

Make sure to check with your local attorney if you have questions about further details about TDPSA and how it may apply to your business.

violations may result in potential civil penalties of up to $7,500 per violation.

05/16/2023

08/17/2022

You are probably aware of employment laws that could create liabilities if your company fails to comply with them. However, even before a person becomes an employee, certain antidiscrimination laws protect them during the application process. Most employers must comply with employment laws enforced....

06/27/2022

06/26/2022