Regulatory and business pressures have upped the ante for data management, and information governance (IG) has emerged as the new buzzword for meeting and beating these stakes. IG is a new way of looking at information management that combines the best of what's come before with new perspectives and approaches to keeping information secure, accessible and available.
Lawyers may be tempted to gloss over yet another article about litigation holds and data preservation because they believe they already have the basics down. But the "basics" are a moving target and several developments from the past year merit reconsideration of company hold processes in 2015.
Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory
No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor
The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.
Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, Brulotte has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.
Discussion of two key rulings.
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
Cookies are either a benign method for furnishing Internet users with relevant advertising or they are the foundation of a pernicious invasion of privacy, lawyers argued in front of the Third Circuit last month.
Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.
