-
Entertainment Law & Finance
Case Study: Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive
Stan Soocher
This article is Part One of a two-part article. Part Two will appear in our March 2020 issue.
This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.
Read More ›
-
Cybersecurity Law & Strategy
GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
Leslie Meredith
U.S. civil litigants faced with an obligation to produce “personal data” protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction’s law to satisfy another’s courts.
Read More ›
-
Cybersecurity Law & Strategy
Data Privacy: Building Compliant and Adaptable Systems
Tomas Suros
Rather than trying to institute changes to comply with every new privacy law as it emerges, a better approach is to view data privacy as an overall framework and adopt a holistic response to compliance with the built-in flexibility to constantly adapt to an ever-changing legal landscape.
Read More ›
-
Cybersecurity Law & Strategy
GDPR Had Some Bite in 2019
Victoria Hudgins
Although no company was hit with the maximum GDPR fine of 4% of the company’s worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.
Read More ›
-
The Intellectual Property Strategist
More Chinese Companies Are Joining U.S. Firms to Fight Patent Trolls
Phillip Bantz
Some of China’s largest companies have banded together with major brands in the United States and elsewhere to neutralize “patent trolls,” an indication that the country’s firms are becoming increasingly concerned about patent infringement litigation.
Read More ›
-
The Intellectual Property Strategist
How the U.S.-China Trade War Effects IP Strategy
Rob Maier
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
Read More ›
-
The Intellectual Property Strategist
The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies
Stacey C. Kalamaras
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
Read More ›
-
The Intellectual Property Strategist
Damages for Extraterritorial Infringement of U.S. Patents
Aaron Davidson
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
Read More ›
-
Entertainment Law & Finance
The Interaction of International Law and U.S. Copyright–Assignment Terminations
Stan Soocher
That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.
Read More ›
-
Cybersecurity Law & Strategy
EU Court Rules Adding Facebook ‘Like’ Button Triggers GDPR Data Collection Obligation
Caroline Spiezio
Websites with embedded Facebook “like” buttons must inform users their data will be collected and processed by the social media giant, the Court of Justice of the European Union has ruled.
Read More ›
-
Commercial Leasing Law & Strategy
Achieving Commercial Real Estate Success Post-Brexit
Mathew B. Tully and Barry Crushell
Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
Read More ›
-
Business Crimes Bulletin
The International Encryption Debate: Privacy Versus Big Brother
Robert J. Anello and Richard F. Albert
Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
Read More ›
-
Business Crimes Bulletin
Are Companies Playing It Too Safe With GDPR Breach Reporting?
Frank Ready
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.
Read More ›
-
Cybersecurity Law & Strategy
EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
Simon Taylor
The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.
Read More ›
-
The Bankruptcy Strategist
New York District Court Rules that Chapter 15 Recognition Is Not Prerequisite to Enforcement of Foreign Bankruptcy Judgment under Principles of Comity
Dan T. Moss and Mark G. Douglas
It has been generally understood that recognition of a foreign bankruptcy proceeding under Chapter 15 is a prerequisite to the enforcement by a U.S. court of an order or judgment entered in such a foreign bankruptcy proceeding under the doctrine of "comity." A ruling recently handed down by the U.S. District Court for the Southern District of New York directly challenges that principle.
Read More ›
-
Entertainment Law & Finance
EU Commission Alleges Video-Game Geoblocking
Simon Taylor
The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.
Read More ›
-
Cybersecurity Law & Strategy
Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?
Samantha Green
With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.
Read More ›
-
Entertainment Law & Finance
U.S. Studios Agree to End Geoblocking in Europe Union
Simon Taylor
Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union to access to a wider range of content regardless of their location.
Read More ›
-
Entertainment Law & Finance
Online Extra: Europe Passes Controversial New Copyright Law
Simon Taylor
Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians
EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
Read More ›
-
Entertainment Law & Finance
BREAKING NEWS: Europe Passes Controversial New Copyright Law
Simon Taylor
EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
Read More ›
-
Cybersecurity Law & Strategy
House Hearing on Federal Privacy Law Takes Aim at GDPR, CCPA
Rhys Dipshan
The house consumer protection and commerce subcommittee agreed on the need for a new federal privacy law. But it was an open question how closely that law would follow what has already been done in California or in the EU.
Read More ›
-
Business Crimes Bulletin
Mystery Subpoena Case at High Court Could Expand U.S. Authority
Peter B. “Bo” Rutledge and Amanda W. Newton
Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller’s investigation has drawn much attention to the enigmatic case of In Re Grand Jury Subpoena. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.
Read More ›
-
Cybersecurity Law & Strategy
Implications of GDPR & CCPA on Public Records
Jeff Cox
This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.
Read More ›
-
Business Crimes Bulletin
Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy
Jonathan B. New and Elias D. Trahanas
Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are “partners, not adversaries.” DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.
Read More ›
-
Business Crimes Bulletin
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
Read More ›
-
Cybersecurity Law & Strategy
What the U.S.’ Pursuit of Foreign Nation-State Hackers Means for Cybercrime Victims and Targets
Ronald Cheng and Mallory Jensen
For years, the U.S. has maintained an active enforcement campaign against overseas cyber criminals and while these past efforts have not been haphazard, they have not necessarily been part of a specific drive to address the serious issue of foreign cybercrime committed by nation states. Recent announcements by the DOJ show that this enforcement campaign is accelerating and expanding.
Read More ›
-
Cybersecurity Law & Strategy
Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation
Mark Sangster
California’s Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).
Read More ›
-
Entertainment Law & Finance
IP Provisions in ‘New NAFTA’ Agreement
Lawrence E. Ashery
With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.
Read More ›
-
The Intellectual Property Strategist
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
Read More ›
-
Entertainment Law & Finance
Litigation over ‘Ultra Music’ Licensing Raises International Trademark Issues
Zach Schlein
A Miami, FL, federal jury ruled in favor of a Croatia-based production company in their trademark dispute with a titan of concerts, Ultra Music Festival.
Read More ›
-
Cybersecurity Law & Strategy
Understanding the Intersection Between GDPR and Cybersecurity
Jake Frazier and Anthony J. Ferrante
It’s been about half a year since Europe’s General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We’ve seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.
Read More ›
-
Entertainment Law & Finance
Impact of EU’s GDRP on Domain Registration
Zach Warren
Since the GDPR’s implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It’s now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.
Read More ›
-
The Intellectual Property Strategist
The ‘New NAFTA’ and How It Will Affect Intellectual Property Law
Lawrence E. Ashery
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
Read More ›
-
Entertainment Law & Finance
How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios
William Stroever
Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union, there was a rush of speculation and guesswork about how EU trademark and design rights would be treated. What progress has been made and what obstacles remain to a smooth transition?
Read More ›
-
Entertainment Law & Finance
4 Takeways from EU Copyright Directive Vote
Dan Clark
In September, the European Parliament passed a new draft of the European Union (EU) Copyright Directive legislation championed by content creators and publishers, but decried by tech behemoths. The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn’t mean the polarizing legislation isn’t already making in-house counsel nervous.
Read More ›
-
Cybersecurity Law & Strategy
The Blockchain Will Support GDPR, but Not How Most People Think
Michael Smolenski
It’s clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company’s interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn’t have to be a unilateral downturn for the tech industry.
Read More ›
-
Cybersecurity Law & Strategy
Update on UK Sanctions, Anti-Money Laundering and Brexit
André Bywater and Jonathan Armstrong
This article provides a brief education about where things currently stand in the UK as regards to sanctions and anti-money laundering in the shifting sands of the Brexit process.
Read More ›
-
Cybersecurity Law & Strategy
General Data Protection Regulation: Defense or Offense?
Nina Cunningham
Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Read More ›
-
Cybersecurity Law & Strategy
Blockchain and GDPR — Frenemies?
Justin Hectus and Kristy Sambor
In a nutshell, GDPR mandates that individuals have access and control over the use and maintenance of their data in certain circumstances, while the foundation of blockchain relies on the immutability of data. On the surface, these concepts seem in direct conflict with each other. This article discusses the points where GDPR and blockchain share common ground, where conflicts may exist and possible approaches for mitigating those conflicts.
Read More ›
-
Cybersecurity Law & Strategy
The End of the Privacy Shield?
Eric Levy
If the U.S. cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.
Read More ›
-
The Intellectual Property Strategist
General Data Protection Regulation: Defense or Offense?
Nina Cunningham
Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Read More ›
-
Business Crimes Bulletin
Business Crimes Hotline
Ki Won Ahn
Macau Mogul Sentenced in First U.N. Bribery Case
Read More ›
-
Entertainment Law & Finance
Practical Impact of D.C. Circuit’s Ruling on Foreign Broadcasters and Copyright Liability
Scott D. Locke and Laura-Michelle Horgan
Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder’s rights.
Read More ›
-
Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
Read More ›
-
Cybersecurity Law & Strategy
Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’
Stacey Garrett
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?
Read More ›
-
The Intellectual Property Strategist
Supreme Court Eyes Relaxing Rule on Foreign Patent Damages
Scott Graham
Despite Possibility of ‘Chaos,’ Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
Read More ›
-
The Intellectual Property Strategist
Brexit and IP: Finally Some Real News, and What It Means for Attorneys
Mark Holah
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
Read More ›
-
Cybersecurity Law & Strategy
China’s Cybersecurity Law Isn’t Just About Cybersecurity
Rhys Dipshan
The law — which includes data localization mandates, cybersecurity best practices, and data transfer restrictions — has similarities to other cyber laws such as the EU’s General Data Protection Regulation (GDPR). But in this case, it’s also being used to police internet content and behavior.
Read More ›
-
The Bankruptcy Strategist
Offshore Restructuring Outlook
David Bulley
The first quarter of 2018 has seen the Dow and NASDAQ pushing through record highs, increasing consumer confidence in the U.S. and Europe. However, there are segments in the market that are expected to need continued restructuring work, both onshore and offshore through 2018, particularly: offshore oil and gas drillers; European and U.S. retail; and the highly leveraged Chinese real estate sector.
Read More ›
-
The Intellectual Property Strategist
Will the Supreme Court Seismically Shift the Patent Damages Landscape in WesternGeco v. ION?
Morgan Chu and Dominik Slusarczyk
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
Read More ›
