Commercial Law

GA Supreme Court Upholds Integration and Disclaimer Clauses to Prevent Fraud Claims
CT McDonald's Franchise Hit with LGBT Suit
Update on Twin Peaks

Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.

In Akamai Technologies, the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.

In the long-running Apple v. Samsung dispute, the Federal Circuit has highlighted a marked difference between the effectiveness of trade dress and design patents in protecting the visual characteristics of a product, which could potentially cost Apple hundreds of millions of dollars in lost damages.

Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets. These data breaches have contributed to an increase in director and officer (D&O) litigation in connection with cyber incidents, and will continue to do so.

Jurors at the criminal trial of three former Dewey & LeBoeuf executives facing fraud and conspiracy charges heard vivid descriptions of some of the drama that precipitated the firm's bankruptcy filing in May 2012 from former litigation partner Ralph Ferrara, whose testimony continued late last month.

The request for information (RFI) regarding the use of so-called "brokerage windows" is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.

From mobile and global work environments to alternative billing models to a perceived crisis in legal education, the legal industry is in the midst of a major transformation. Some changes are evolutionary, yet other developments may feel revolutionary for those unprepared for change. What are the key trends that will disrupt the legal industry and impact practice across the landscape?