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The Intellectual Property Strategist
Exploring the Nebulous Boundaries of Trade Dress
Nicole D. Galli
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
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Cybersecurity Law & Strategy
Legal Tech: Demystifying Social Media Discovery
Todd Heffner
Social Media Escapes an Easy Definition, But You Know It When You See It
While it would be helpful to understand the technical details of collecting data from various social media platforms, what’s more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.
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Cybersecurity Law & Strategy
EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
Simon Taylor
The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.
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Entertainment Law & Finance
Social Media Influencers: Basic Tax Issues
Robert M. Jason
This article discusses the basic tax issues facing social media influencers, who have become an important element in the entertainment industry.
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Marketing The Law Firm
Are Online Reviews Threatening Your Online Reputation?
Melanie Trudeau
An attorney’s reputation may be one of the most important factors that clients consider before hiring counsel. In today’s world of online reviews, managing your reputation can be challenging. How should you manage online reviews to ensure your reputation and trustworthiness are intact?
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The Intellectual Property Strategist
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
Kyle-Beth Hilfer
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
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Entertainment Law & Finance
Navigating the Two Sides of Amazon’s Take-Down Process
Edward Weisz and Alanna Miller
In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.
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Marketing The Law Firm
Marketing Tech: 7 Habits of Effective Online Marketers
Larry Bodine
The advantage of online marketing is that it is one-to-many, as opposed to in-person marketing which is one-to-one. By adopting the seven habits of effective online marketers, CMOs can generate more business for their law firms.
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Entertainment Law & Finance
Online Extra: Europe Passes Controversial New Copyright Law
Simon Taylor
Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians
EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
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Entertainment Law & Finance
BREAKING NEWS: Europe Passes Controversial New Copyright Law
Simon Taylor
EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
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Entertainment Law & Finance
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
Stan Soocher
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court’s unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court’s pronouncement left questions and controversies in its wake.
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The Intellectual Property Strategist
UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing
J. Alexander Lawrence
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
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Business Crimes Bulletin
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…
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Cybersecurity Law & Strategy
Cloudy With a Chance of IoT attacks: The Cybersecurity Forecast for 2019
Leigh-Anne Galloway
2018 was a trying year for the cybersecurity industry, with breaches increasing and showing no signs of slowing as we enter the New Year. 2019 will bring its own threats with the propagation of new technology — 5G and IoT — and their security vulnerabilities. However, there’s also progress on the horizon, thanks to more stringent government regulation and increasing legal action.
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Entertainment Law & Finance
Making Sense of YouTube’s Monetization Policies
Gwendolyn Seale
This article delves into YouTube’s policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.
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Entertainment Law & Finance
Risks in Online Collection of Children’s Data
Jeffrey Higel, Michael Bahar and Mike Nelson
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks and privacy risk, like those present in voice-activated devices — especially for children. For manufacturers, they also pose regulatory litigation and insurance risks, especially when children end up using their “smart” products.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Complaints to Amazon by TV Show Host and His Attorney Didn’t Constitute DMCA Notices
No Actual Malice by Defendants in Libel Suit over Composite Character in Film
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Cybersecurity Law & Strategy
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
Why Collecting Children’s Online Data is a Risk
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their “smart” products.
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Cybersecurity Law & Strategy
Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things
Michael Bahar, Frank Nolan and Trevor Satnick
Companies Impacted By California’s SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020
While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.
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Entertainment Law & Finance
How Will the Music Modernization Act’s Mechanical Licensing Collective Work?
Chris Castle
This article focuses on managing change for clients affected by the MMA’s government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.
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Entertainment Law & Finance
DMCA Filmmakers Exemption Expanded
Scott Graham
Digital Millennium Copyright Act exemptions aren’t just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.
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Entertainment Law & Finance
New York State’s Latest Ticket Sales Reforms
Anthony J. Dreyer and Andrew Green
The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.
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The Intellectual Property Strategist
The ‘New NAFTA’ and How It Will Affect Intellectual Property Law
Lawrence E. Ashery
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
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Entertainment Law & Finance
Issues in Using Bots to Send Takedown Notices
Ian Lopez
We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns’ potential threat to freedom of speech and more.
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The Intellectual Property Strategist
Fair Use, First Sale and Marilyn Monroe
Robert W. Clarida and Robert J. Bernstein
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
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Cybersecurity Law & Strategy
Cybersecurity and Email
Bill Ho
In the legal community, professionals have embraced email. However, as increasing concerns and regulations around data security continue to evolve, the future of digital communication via email may not meet the more stringent requirements.
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Entertainment Law & Finance
Decision of Note: Sound Recordings Remasters Don’t Get Federal Copyright Protection
Scott Graham
With an assist from Toucan Sam and Tony Bennett, owners of pre-1972 sound recordings no longer have to worry about losing their common law…
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Entertainment Law & Finance
Prince’s Estate Files NJ Lawsuit over prince.com
Charles Toutant
A dealer in Internet domain names is accused in a cybersquatting suit of an illegal attempt to seize on the posthumous popularity of Prince.
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Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
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Cybersecurity Law & Strategy
Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
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Cybersecurity Law & Strategy
China’s Cybersecurity Law Isn’t Just About Cybersecurity
Rhys Dipshan
The law — which includes data localization mandates, cybersecurity best practices, and data transfer restrictions — has similarities to other cyber laws such as the EU’s General Data Protection Regulation (GDPR). But in this case, it’s also being used to police internet content and behavior.
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Business Crimes Bulletin
Gone, But Not Forgotten: Evidence from the Archived Internet
Robert J. Anello and Jane E. Bobet
As useful as evidence from the archived Internet can be in many white collar trials, admitting it into evidence is not always a straightforward proposition, as a number of recent cases show.
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Cybersecurity Law & Strategy
Case Study: How Mesa Systems Resolved Its Phishing Issues
Steven Davidson
Phishing is a constantly changing landscape, which requires unwavering attention and focus.
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Entertainment Law & Finance
Iglesias’s Music Streaming Suit Confronts Big Industry Issue
Samantha Joseph
Music superstar Enrique Iglesias wasn’t dancing around the point when he recently filed a lawsuit in Miami federal court against Universal International Music.
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Accounting And Financial Planning For Law Firms
Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry
Craig Nazzaro, Brad Rustin and Elizabeth A. DeVos
Last year, the FTC released a staff report on Cross-Device Tracking, which added to the FTC’s efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user’s Internet-viewing behavior over time and across non-affiliate websites. Cross-device tracking is the logical next step for this technology.
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Cybersecurity Law & Strategy
Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry
Craig Nazzaro, Brad Rustin and Elizabeth A. DeVos
Last year, the Federal Trade Commission (FTC) released a staff report on Cross-Device Tracking, which added to the FTC’s efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user’s Internet-viewing behavior over time and across non-affiliate websites. Ostensibly, this technology obtains user preferences or interests. Cross-device tracking is the logical next step for this technology.
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Entertainment Law & Finance
The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy
Barry Skidelsky
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
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Marketing The Law Firm
Marketing Tech: SEO: Will It Actually Work for Your Firm?
Spencer X. Smith
Search engine optimization (SEO) is a great way to help drive traffic to your website, but is also a very misunderstood term. This article helps clarify what SEO really is, and if it will help with your business development activities.
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Entertainment Law & Finance
An IP Protection Primer for Entertainment Tech Startups
Dr. Dariush Adli
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
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Cybersecurity Law & Strategy
Regulators are Catching Up to Cryptocurrency and Blockchain Technology within the Financial Services Industry
Craig Nazzaro, Brad Rustin and John Jennings
Part Two of a Two-Part Article
The proliferation of cryptocurrency and blockchain is being driven by the efficiencies and protections afforded to early adopters. The operational efficiencies and resulting cost savings are readily apparent in the financial services industry and are equally coveted by the entities trying to implement them and by the customers who will benefit from the implementation. However, neither party can fully enjoy these benefits without first understanding and overcoming the various regulatory hurdles.
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Internet Law & Strategy
Influencing the Influencers
Alan Friel and Stephanie Lucas
The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?
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Internet Law & Strategy
Artificially Intelligent Blockchain of Things: Examining Legal Tech’s Biggest Buzzwords
Ian Lopez
Panelists at ALM Cybersecure 2017 Delved Into the Year’s Biggest Legal Technology Buzzwords and the Hype Fueling Their Popularity
Legal technology has no shortage of buzzwords. The latest slew to take the industry by storm were the topic conversation in a Dec. 5 panel at ALM’s CyberSecure event in New York.
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Entertainment Law & Finance
Sixth Circuit Issues Ruling of First Impression on Unmasking of ‘John Doe’ Defendants in Copyright Infringement Litigations
Stan Soocher
Since the start of the digital media era, content industries have engaged in a tug-of-war with courts over whether the identity of defendants accused of violating plaintiffs’ rights, via online distribution, can be revealed.
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Internet Law & Strategy
Internet Goods and Product Liability
Jonathan Bick
The Internet’s value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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Internet Law & Strategy
Ransomware: What to Do When It Happens to You
Kiran Raj and Mallory Jensen
In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident. It is meant to be a helpful guide, but the best response generally will depend on different factors, including the scope and severity of the attack, availability of remediation measures, and business sensitivities.
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Entertainment Law & Finance
eSports Raise Labor Law Issues for Teams and Players
Brian D. Murphy
The preference of the parties involved, even if reduced to writing, is rarely determinative of employment status. Instead, the specifics of the relationship will govern.
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Entertainment Law & Finance
Internet Goods and Product Liability
Jonathan Bick
The Internet’s value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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The Intellectual Property Strategist
IP News
Jeffrey S. Ginsberg and Hui Li
Federal Circuit Affirms Finding That Rembrandt’s Patent Is Not Infringed by Apple’s Accused Products
District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party’s Venue Objections In Light of TC Heartland
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Internet Law & Strategy
Online Extra:
Social Media: Questions of Admissibility And Ethics
Khizar A. Sheikh, Lynne Strober and Jennifer Presti
Social media evidence can be acquired both informally — through an attorney’s own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.
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Cybersecurity Law & Strategy
Five Smart Steps to Prepare for GDPR Data Subject Rights
Sonia Cheng, Eckhard Herych, and Richard MacDonald
Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.
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