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Features

Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i> Image

Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>

Kean J. DeCarlo

Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.

Features

Mobile App Developer Agreements Image

Mobile App Developer Agreements

Alan Friel

Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.

Features

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events Image

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events

Stan Soocher

Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.

Features

<i>Triple Play</i> Status Update: Firings for Employees' Facebook Activity Unlawful Image

<i>Triple Play</i> Status Update: Firings for Employees' Facebook Activity Unlawful

ALM Staff & Law Journal Newsletters

On Oct. 21, 2015, the United States Court of Appeals for the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook. Here's a look at that decision.

Features

Mobile Data, Social Media, and Modern e-Discovery Image

Mobile Data, Social Media, and Modern e-Discovery

Jim Gill

It's easy to see how the Information Age has transformed the world once again. Old ways of doing things are no longer practical, and new guidelines for the way we conduct business are being formed in real-time. Keeping up with this changing landscape is vital in order to survive.

Features

Google's Gleaning Of Children's Info Eyed By Third Circuit Image

Google's Gleaning Of Children's Info Eyed By Third Circuit

P.J. D'Annunzio

A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.

Columns & Departments

Court Watch Image

Court Watch

Charles G. Miller & Darryl A. Hart

Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request <br>Forum Selection Clauses Are Alive and Well

Features

Problems with the New Test for Joint-Employer Status Image

Problems with the New Test for Joint-Employer Status

Matthew R. Porio

This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity

Features

Does Liability Insurance Cover Fantasy Sports Disputes? Image

Does Liability Insurance Cover Fantasy Sports Disputes?

Lawrence Klein & Aaron F. Mandel

It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .

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