Features
Third Circuit Weighs Novel Cybersecurity Case
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.
Features
The 2015 Employer Mandate Is Here
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.
Features
Browse, Click, Sign, Enforce
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.
Features
Federal Circuit Refuses to Review the PTAB's Decision to Institute IPR
In its first-ever ruling in an appeal from a final decision in an <i>inter partes</i> 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.
Features
Leasing Opportunities in Mexico
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.
Features
Castle Defense
In Part One, last month, the authors examined the Federal Circuit's <i>VirnetX</i> decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.
Features
Approaching Payment Processors To Fight Counterfeiters Online
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.
Features
Loss for QVC on Internet Crawling Case
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.
Features
House Proposes Tax Reform Plan
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.
Columns & Departments
Bit Parts
Blurred Lines" Post-Verdict Posturing<br>Hey 19, New York Judge Says in Streaming Royalties Dispute<br>Magistrate Changes Mind in Twitter Subpoena Controversy
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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'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 ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
