Features

GDPR Had Some Bite in 2019
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.
Features

More Chinese Companies Are Joining U.S. Firms to Fight Patent Trolls
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.
Features

How the U.S.-China Trade War Effects IP Strategy
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.
Features

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies
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.
Features

Damages for Extraterritorial Infringement of U.S. Patents
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.
Features

The Interaction of International Law and U.S. Copyright–Assignment Terminations
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.
Features

EU Court Rules Adding Facebook 'Like' Button Triggers GDPR Data Collection Obligation
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.
Features

Achieving Commercial Real Estate Success Post-Brexit
Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
Features

The International Encryption Debate: Privacy Versus Big Brother
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.
Features

Are Companies Playing It Too Safe With GDPR Breach Reporting?
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.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›