Commercial Law

It's well established that the number of lawsuits filed by patent trolls in the last decade has increased dramatically. This increase comes at considerable expense to defendants of all stripes. But as widely reviled as this trend may be among operating companies that often find themselves as defendants in patent troll litigation, legislation that would curb this practice has made little progress.

Federal Circuit Applies Alice to Invalidate Online Transaction Patent
Federal Circuit Finds 'Unobtrusive' and 'Does Not Distract' Indefinite
Federal Circuit: In Hatch-Waxman, Infringement Based Only on Final ANDA Product

In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.

Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability
Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed

For employers, social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. Nonetheless, some studies show that 40% of employers search social media during the hiring process. While there are not currently any laws in the United States forbidding employers from gleaning information from social media, improper use can get them into trouble.

With schools back in session, now is the time for employers to review hiring, payment and scheduling practices for workers under the age of 18. The myriad federal and state child labor laws that employers must heed range from work permit requirements to the hours and type of work performed, all of which vary based on an employee's age and whether school is in session.

This is the fifth article in a series covering various aspects of intercreditor agreements.

We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot: