Features
<b><i>Online Extra:</b></i> Apple Beats Back Privacy Suit Over iMessage Glitch
A federal judge in San Jose has refused to certify a class of former Apple customers who claim the company illegally intercepted their text messages as a result of a glitch in its iMessage system.
Features
<b><i>Online Extra</b></i> Michael Keaton Not Liable for Box Office Flop 'Merry Gentleman'
A federal appeals court last month sided with actor Michael Keaton in a breach of contract suit brought against him by the producers behind his box office flop "Merry Gentleman.
Features
Information Is Changing Law Firm Models
The standard law firm model that has been in effect for the better part of the last 20 years is becoming less viable, and the way law firms are run is undergoing a subtle, yet significant change, driven largely by information.
Features
CA Federal Judge Agrees TV Streaming Co. Qualifies for Compulsory License
Aereo Inc.'s copyright dispute with the major television broadcasters didn't pan out as the now-bankrupt streaming service had hoped. But after Aereo lost at the U.S. Supreme Court, competitor FilmOn X continued to fight. Now, a Los Angeles federal judge has moved FilmOn closer to winning its battle with broadcasters.
Features
Canadian Appellate Court Orders Google To Block Website Worldwide
A recent ruling by the Court of Appeal for British Columbia affirmed a lower court decision ordering Google Inc. to block certain websites from its search engine ' not just in British Columbia but worldwide.
Features
The Latest on 'Disparaging' Names, Trademark Rights
The Washington Redskins football team has vowed to fight a federal district judge's recent order cancelling the team's federal trademark registrations as likely disparaging to Native Americans. The team's planned appeal to the U.S. Court of Appeals for the Fourth Circuit sets up a second showdown in federal appeals courts over the government's ability to cancel or deny trademark registrations based on content.
Features
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
Features
Measuring the ROI of Strong Information Governance Processes
Information governance requires a firm-wide approach for managing and protecting client information. By taking a proactive approach and laying out the business case through the measurement of the return on investment of information governance, law firms realize significant savings, improve client service and minimize risk.
Features
Imposing Liability Under DMCA Counter-Notification Provision
Although seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.
Features
Collateral Descriptions and Blanket Liens
Describing the collateral for an all-assets lien intuitively might seem easy. However, getting collateral descriptions correct under the rules of Article 9 of the Uniform Commercial Code (UCC) has challenged secured lenders for decades, and all-assets liens are no exception. A look at two recent cases.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 ›