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Commercial Law

  • Five years ago, Russian hackers broke into the Wyndham Hotels computer network and stole the credit card information for thousands of customers, a security breach that has now put the novel question of whether the FTC can sue a company for failing to properly secure its data in front of the Third Circuit.

    April 02, 2015Saranac Hale Spencer
  • The year 2015 is here ' in fact, the first quarter of 2015 has already flown by ' and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.

    April 02, 2015Jennifer S. Kiesewetter
  • Signing, dating and keeping a record of a paper contract are standard practice ' afterthoughts most of the time. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms, such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.

    April 02, 2015Brian Powers
  • In its first-ever ruling in an appeal from a final decision in an inter partes review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.

    April 02, 2015Daniel Melman
  • Mexico's equipment financing market is already well-developed by regional standards, and is the second largest in Latin America. The predominant assets financed in Mexico include motor vehicles, information technology (IT) and industrial equipment.

    April 02, 2015Rafael Castillo-Triana and Ulises Quezada
  • In Part One, last month, the authors examined the Federal Circuit's VirnetX decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.

    April 02, 2015Rudy Kim and Michelle Yang
  • There are lots of knock-offs of entertainment industry goods that flood the marketplace. You can find them on the street, but more and more shoppers buy them online. And the online purveyors of counterfeit goods can be particularly difficult to thwart. Cease-and-desist letters are fine,DMCA take-down letters are helpful, but if you really want to cause counterfeiters pain and stop them from infringing on intellectual property rights, you need to cut off their lifeline: cash flow.

    April 02, 2015Joshua Kaufman
  • In an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.

    April 02, 2015Saranac Hale Spencer
  • In an attempt to raise revenues and simplify the tax code, the House Ways and Means Committee has proposed a draft tax reform plan containing sweeping changes to the Internal Revenue Code (the Code), including a number of major executive compensation and benefits changes. The most significant of those could be the elimination of deferred compensation and nonqualified pensions.

    April 02, 2015Lawrence L. Bell
  • Blurred Lines" Post-Verdict Posturing
    Hey 19, New York Judge Says in Streaming Royalties Dispute
    Magistrate Changes Mind in Twitter Subpoena Controversy

    April 02, 2015Stan Soocher