Latest Features

• New York Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff

  Todd Larson and Yonatan Shefa

  Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement.

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• The Criminal Division’s Enforcement Policy: What’s New for Companies Deciding Whether to Voluntarily Disclose?

  Jacqueline C. Wolff

  Since the DOJ announced a new policy under which companies that voluntarily disclosed violations of the Foreign Corrupt Practices Act has attempted to encourage companies to voluntarily disclose all manner of criminal misconduct beyond violations of just the FCPA, while general counsels worldwide have been wrestling with the question of whether and when it is in the company’s best interest to so disclose.

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• Yes, You Are My Data’s Keeper

  Josh Hummel

  Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory

  Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.

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• How to Waste Time and Money In Legal Marketing

  Gina F. Rubel

  Almost daily, I receive an email promising better SEO rankings, better news pick up for a law firm press release, a better law firm website, blog and social media content that will bring in clients, and access to contacts across the globe. Unfortunately, these sales pitches are usually a colossal waste of time. Here are some examples of solicitations that should be deleted as soon as you receive them.

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• Financial Strategies that Improve Security and Optimize Your Technology Spend

  Mike Henderson, Whitney Jones, and Bill Pitcairn

  Shifting large IT purchases over to a predictable monthly expense is a pricing model that has taken over most industries with the introduction of cloud services, and this can be a particularly useful model during challenging markets.

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