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  • In several recent cases, companies with cyber insurance discovered that provisions in these policies led their insurers to limit coverage. Courts have been strictly construing cyber policies, and have found that the coverage provided is narrow. These decisions hinged upon whether an event constituted a covered "direct" loss and whether intervening actions precluded coverage, like an employee responding to fraudulent communications.

    November 01, 2022Ella Shenhav and Eric S. Adams
  • As the landscape of cybersecurity and data privacy continues to evolve, so do the requirements needed to establish standing in regard to the type of harm suffered as a result of a data breach. Moreover, there has been a shift in the requirements needed to hold an organization legally and financially responsible for data stolen during a data breach.

    November 01, 2022Sean C. Coughlin, Vivian B. Isaboke and Akum K. Singh
  • In 2015, a group of music publishers sued the purchaser of the Bill Graham Archives — a repository that includes live performances staged by the late, legendary concert promoter of an array of musical artists beginning in the 1960s. Now, the Second Circuit has handed down its appellate opinion in the litigation, addressing the important compulsory licensing concerns as well as some of the additional issues in the case.

    November 01, 2022Stan Soocher
  • In a matter of first impression, the Sixth Circuit sided with a third-party sporting events distributor by finding the distributor has standing to sue a Kingsport, TN, bar under the U.S. Copyright Act for livestreaming a 2017 boxing match between Floyd Mayweather and Conor McGregor without the proper licensing.

    November 01, 2022Allison Dunn
  • The U.S. District Court for the District of Connecticut granted Friday the 13th screenwriter Victor Miller partial attorney fees totaling more than $886,564, in his long-running fight against the 1980 horror film's production outfit Manny Co. over proceeds from the film.

    November 01, 2022Mason Lawlor
  • It's important for marketing, BD and PR to have a shared understanding of the firm's brand, positioning, financial goals and related KPIs to succeed in reaching and resonating with the firm's targeted audiences. Making the time to connect and collaborate here will lead to a clearer understanding of the opportunities, pain points and bottlenecks in your firm as they relate to marketing, BD and PR.

    November 01, 2022Ryan King
  • The U.S. Department of Labor has proposed a rule that would make it more difficult for independent broker-dealers (IBDs), insurers, and other companies to treat professionals who want to flourish in the gig economy as independent contractors.

    November 01, 2022Lawrence L. Bell
  • During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.

    November 01, 2022Scott Graham
  • Can a purchaser of a condominium unit at the condominium board's foreclosure sale take free of a prior mortgage by identifying errors or ambiguities in the mortgage documents? In 21647 LLC v. Deutsche National Trust Co., the District Court for the Southern District of New York rejected a bevy of claims raised by the purchaser and held that the purchaser had constructive notice of the mortgage and took subject to the mortgage's priority.

    November 01, 2022Stewart E. Sterk