Features
NLRB and the Joint Employer: Is Franchising On the Ropes?
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. With the decision in <i>Browning-Ferris</i> and decision by the NLRB's general counsel involving McDonald's, the definition of a "joint employer" has grown exponentially broader.
Features
Cloud Computing Security: More Opportunity, Less Threat
If you follow the legal technology headlines you might have noticed that we've come full circle on cloud security. Rewind seven or so years, and mainstream cloud computing adoption was being thwarted by grave concerns about data security, data governance and data access. As the cloud became more pervasive in many industries globally, the legal market took note and slowly but surely more law firms went to the cloud.
Features
EU Approves GDPR
Coming off the heels of the EU Article 29 Working Party Opinion on the Privacy Shield, the EU Parliament passed the General Data Protection Regulation (GDPR) on April 15, which overhauls the union's Data Protection Directive rules set forth in 1995. This regulation applies to all business and organizations targeting EU consumers, regardless of their geographic location.
Features
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Features
Corporate-Sponsored Research Agreements With Universities
Corporate-sponsored research plays a crucial role in performing foundational research in new technology areas. These research projects are also mutually beneficial. Corporate sponsors receive a cost-effective opportunity to explore new technology areas with leading academics and talented students. In turn, universities benefit from Sponsors providing research funding and industry expertise.
Features
Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue
The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"
Features
Admissibility of Evidence Obtained From Facebook
This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.
Columns & Departments
IP News
Federal Circuit Affirms District Court Decision Finding Claim Covering Method for Gene Detection Is Directed to Unpatentable Subject Matter <br>Federal Circuit: Estoppel Provision Does Not Apply To Any Grounds Raised in a Petition for IPR Where Such Grounds Are Denied and the IPR Has Proceeded To a Final Written Decision
Features
Do Panama Papers Give Opportunity to Collect Judgment From Daddy Yankee?
Puerto Rican reggaeton megastar Daddy Yankee, whose hits include "Gasolina" and "Limbo," owes a $2.2 million judgment to a concert promoter who sued him and his booking agent in 2011. Attorneys for promoter Diego Hernan de Iraola have been trying to enforce the federal district court judgment against Daddy Yankee, by garnishing the singer's accounts in Miami, FL, and Puerto Rico. Now that Daddy Yankee has come up in news reports from the document leak at the Panamanian law firm Mossack Fonseca, de Iraola's legal team has new leads on accounts with companies linked to Ayala Rodriguez.
Features
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›