Features
Proactively Tackling Unstructured Data Can Give Competitive Advantage
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it's an untenable position from both a regulatory and brand reputational perspective.
Features
Cloud-Based Discovery Is at Critical Mass: A Practical Approach
Part Two of a Two-Part Series Cloud technology use in discovery is inevitable. Fortunately, one of the inherent benefits of cloud discovery platforms is the ability to spin up a proof of concept matter quickly to get your feet wet. This article provides a practical approach to making sure you're ready for the cloud when the time comes.
Features
Online Accessibility and SEO
How can you make your user experience the best it can be for all potential clients, and lead with empathy and equity as you demonstrate your knowledge? That's where your law firm's SEO strategy comes into play.
Features
Traditional Legal Ops Putting Law Firms At Disadvantage When Recruiting for Cybersecurity and Privacy
Law firms are still insisting on engaging with clients in the traditional legal model — by hours billed. Whereas cybersecurity services such as breach monitoring have the potential for a much deeper and stickier relationship with the client.
Features
Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Features
'Banana' Artwork Dispute Presents Slippery Slope for Copyright
In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"
Features
Removing Restrictive Covenants
In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Features
Dealing With Deleted, Unsent and Edited ESI
While text messages and email have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation.
Features
China Court's Ruling On NFTs and Copyrights
China, which has had an up-and-down relationship with the U.S. entertainment industry, became the latest country to offer a key regulatory framework in its first-ever case dealing with NFTs and the copyright violations they are sometimes saddled with.
Features
Ricky Martin Sued By Former Manager
Ricky Martin's former manager claims the singer owes her more than $3 million in unpaid commissions, according to a lawsuit filed in Los Angeles Superior Court.
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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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
