Net News
Privacy Class Actions Filed Against Google in DC, Maryland<br>Feds Release Internet Privacy 'Bill of Rights'
Features
Technology Can Cap Internet Facilitators' Liability
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
Analyzing Novel Issues in Internet Jurisdiction
This article discusses jurisdictional issues involving online copyright infringement, as well as the emerging issues surrounding disputes involving BitTorrent file-sharing technology.
Is the First Amendment in Digital Decline?
On Feb. 23, 2012, a previously sealed decision dated Dec. 9, 2011, was released that illustrates the collision of online digital anonymity, the First Amendment, and prosecutorial prerogative.
Features
Can an Employee Steal Social Media Influence?
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
Bit Parts
Declaratory Copyright Complaint Can Be Amended After Plaintiff Film Company Secures Financing<br>Sony/ATV Wins Right to Renewal Terms in Roger Miller Songs
Features
Counsel Concerns
Law Firm's Push for Sale of George Clinton Copyrights, to Pay for Legal Fees, Will Remain in Western District of Washington<br>Motion by Nina Simone's Former Husband, to Disqualify Counsel in Estate Litigation, Is Denied
Features
Does the CDA Bar State IP Claims?
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
Features
Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
Features
CAA and TV Writers Reach Accord in Age Discrimination Class Action Case
A class action filed by older television writers alleging widespread age discrimination by the Creative Artists Agency Inc. (CAA) settled recently, marking the end of related litigation against the major players in the entertainment industry.
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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 ›