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Preserving the Crown Jewels: Practical Strategies for Protecting Source Code in Patent Litigation Discovery
In today's Internet age, the most valuable asset belonging to many of the world's most successful organizations is “source code” ' the programming underlying all software operating systems, databases, and applications. As a result, keeping source code from leaking to the public is of paramount concern, especially in light of the fact that source code published over the Internet can proliferate at an exponential pace with little more than a series of mouse clicks. If confidential code is released into the public domain, even inadvertently, it risks losing any trade secret protection it once enjoyed. See, e.g., Linkco, Inc. v. Fujitsu Ltd., 230 F. Supp. 2d 492, 498-99 (S.D.N.Y. 2002). In short, once the “genie” is out of the bottle, it cannot be put back in.
To preserve the secrecy of their source code, many companies impose strict security policies on their own employees. As an example, code may be restricted to a small number of secure facilities, computers, and company employees who have a specific need for access. Even employees that do gain access may be prevented from viewing or downloading a full copy of the source code, but may be restricted instead only to necessary portions of the code. Furthermore, password protection, copy protection, and source control software are ubiquitous ' making unauthorized access difficult while keeping close track of who last “checked in” and “checked out” source code from a secure server.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.