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Deactivated Facebook Page of Band Not a "Use in Commerce"<br>New York Federal Court Declines Request From Elvis Presley Enterprises To Obtain Royalty Documents From Sony Music for Litigation Against Arista Music in Germany
Features
The Cloud and e-Discovery
Leveraging advanced technologies can empower corporate counsel and law firms alike to take control of the ongoing challenge that today's "information on demand" expectations present. When access, disaster recovery, scalability and security are paramount requirements, a migration to the cloud could be the most effective route to help ensure this is accomplished.
Features
10 Lessons from FTC Guidance on Data Security
Not if, but when." These simple words are enough to keep privacy officers, corporate counsel, compliance officers and IT managers up at night when faced with the reality that their network will at some point be breached. While there are no silver bullets to stop breaches from occurring, understanding and following legal actions brought by regulatory agencies and heeding security guidance they issue can go a long way.
Features
Does Adoption of Cloud Computing Shift Cyber Liability Risk?
The rapid adoption of cloud computing has attracted companies that seek to lower their information technology costs. At the same time, it is reported that there has been an increase in data loss and an increase in cyber-liability claims against companies. But the biggest vendors in the cloud computing industry want to push the risk of penetration of their systems onto their customers adopting the technology.
Features
When a Law Firm Partner Divorces
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Features
Information Sharing for the Information Age
As 2015 drew to a close, Congress agreed on a federal budget. That simple act, coming on the heels of a series of contentious continuing resolutions, was big news. But tucked away on page 694 of that 887-page bill was perhaps a more significant achievement. There Congress inserted, passed, and the President signed, the Cybersecurity Act of 2015.
Features
Gossip Column Has No Special Protection From Defamation Suit
Just because it's on "Page Six" of the <i>New York Post</i> doesn't mean it cannot be defamatory, according to the U.S. Court of Appeals for the Eleventh Circuit. The appellate court revived a defamation lawsuit by a member of The Fugees hip-hop group against the <i>Post</i> for an item in its "Page Six" gossip column, finding reasonable readers might take the story as true.
Features
CFPB Takes Step Into Cybersecurity Regulation
The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.
Features
Intellectual Property
Intellectual Property (IP) is a highly complex type of property and, as we saw last month in Part One of this article, there are few cases addressing its valuation in the context of divorce. On top of this, because of the emphasis on mediation and arbitration, fewer cases are being litigated in the court system, resulting in fewer court decisions addressing these complex issues. That means there is less guidance for the practitioner, as different treatments of similar facts and great ways of addressing IP valuation remain unreported.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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