Litigation

In ClearCorrect Operating, LLC v. ITC, the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.

The delivery and discovery of media over the Internet has left the hackers and pirates behind and become part of the licensed distribution chain, just as videotape did. The term "file sharing" is now more likely to describe a multi-billion dollar, cloud-based collaboration platform than a piracy site. And courts are beginning to examine the law of contributory infringement in that complex new context, as U.S. District Judge Andrew Carter did recently in Smith v. BarnesandNoble.com.

As a data analyst, I'm always interested in investigating data trends in different industries. In 2015 ' and at the end of the last five years ' I've looked back at what Big Data really means in the e-discovery world, where large data volumes can equal a lot of time, a lot of money, and a more challenging case.

Social media now permeates nearly all areas of our lives ' and the law. Not surprisingly, divorces are frequently impacted by social media. While participating in social media is quick, easy and entertaining, it is important to recognize the serious implications such participation could have in a divorce case. A significant piece of evidence could be a simple click, post, chat or Tweet away. Courts have considered a variety of social media evidence in reaching life-changing decisions in family law cases.

As the CEO and founder of IPCybercrime, my team and I have developed a systematic approach to investigating the online sale of fake branded goods. We work with law firms and corporate counsel to build cases against the counterfeiters. In the last decade, we've assisted in shutting down hundreds of thousands of websites offering counterfeit goods for sale. In many cases, $100s of millions were at stake.

An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?

Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.

Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.