The DMCA Safe Harbor Provision Is Stronger Than Ever
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
The Brave New World of e-Workplace Privacy Policies
Embodying some of the aspects of Big Brother is not a new role for an employer. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. Part One of this article examines the potential liability for employers involved with social media and e-mail use.
Features
Judicial Takings
Can a state court decision effect a judicial "taking" in violation of the federal constitution? The United States Supreme Court addressed that question this term, but did not furnish a definitive answer.
Index
A complete, easy-to-use listing of what's inside the newsletter.
Decisions of Interest
Recent rulings of interest to you and your practice.
NJ & CT News
Important news and rulings from neighboring states.
Discounts on Closely Held Corporate Shares
The Appellate Division, Second Department, has interpreted <i>Friedman,</i> discussed last month, in a more restrictive way than was suggested by the Court of Appeals. Is this interpretation the correct one?
Supreme Court Says Ne Exeat Clause Must Be Enforced
In May, the U.S. Supreme Court ruled that the Hague Convention on the Civil Aspects of International Child Abduction (Hague Converntion) trumps a custodial parent's right to move a child out of a country without the non-custodial parent's consent.
Features
The Evolving Role of the Divorce Financial Analyst in Collaborative Divorce
Persuading family law specialists that some other professional might do a better job than they of marshalling financial evidence on the client's behalf has remained a hard sell in some quarters ' even in the realm of collaborative divorce practice, where interdisciplinary professional teams are becoming the norm.
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MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
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