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LJN Newsletters

  • Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.

    March 01, 2023Josh Hummel
  • Part Two of a Two-Part Article In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.

    March 01, 2023Kim Peretti, Dan Felz and Alysa Austin
  • Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.

    March 01, 2023Ari Kaplan
  • Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.

    March 01, 2023Todd Larson and Yonatan Shefa
  • A Q&A with Christina Gagnier, a Shareholder with Carlton Fields and President of the newly-launched privacy and cybersecurity consultancy CTRL, on the cyber issues specific to start-ups and small businesses.

    March 01, 2023CLS Staff
  • Uncertain and challenging markets are times when firms and organizations of all types conserve cash. If this can be achieved without cutting needed projects, equipment or services to ensure successful returns to the office, then this is clearly an ideal financial strategy. In fact, leasing and financing not only helps firms conserve cash, but when done right, helps firms also maximize their IT budgets.

    March 01, 2023Mike Henderson, Whitney Jones, and Bill Pitcairn
  • Part One of a Two Part Article Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

    March 01, 2023Jeff Brabec and Todd Brabec
  • Undefined terms of art such as "best efforts" are often utilized in commercial leases, but the interpretation of those terms and the enforceability of the clause, when left to the courts, will turn on how the lease is drafted.

    March 01, 2023Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene