Features

Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
Features

Appellate Court Finds Plaintiffs' Claims Under Section 362 Not Automatically Stayed
Parties holding potential claims against non-debtor third parties that are arguably "related to" the bankruptcy estate must weigh the risks and benefits of actively prosecuting such claims. The mere fact that a bankruptcy trustee could pursue such claims as property of the bankruptcy estate under Section 541 of the Bankruptcy Code will not be enough to argue that such claims are conclusively barred by the automatic stay.
Features

COMPETITIVE INTELLIGENCE: Competitive Intelligence On a Dime
Simple and Cost-Effective Ways to Help Your Firm Harness the Power of Competitive Intelligence Many products and trainings promise to help with or automate your competitive intelligence research, but getting good data does not have to be so complicated or expensive. Here are some tips for how you can leverage competitive intelligence in your marketing efforts without a significant cost.
Features

EDRM Asks for Public Comment on New Information Governance Model
Adoption of the IGRM model could mean "improving dialogue about information governance, increasing the buy in from stakeholders, and expanding the awareness of the importance of information governance in the modern enterprise."
Features

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization."
Features

3d Circuit Hears Case on Interaction of Publicity Rights and the CDA
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
Features

U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'
In a decision authored by Chief Justice Roberts, the Supreme Court ruled that the statutory scheme appointing PTAB administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution.
Features

Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review
A second wave of national security concerns hit real estate markets in the United States -- the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.
Features

Retail Lease Workout In Bankruptcy Trends Show 'We're All In This Together'
Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that "we are all in this together."
Features

LEADERSHIP IN LAW: Rapid Innovation Is Scary, But Necessary for Law Firm Leaders
To achieve the goal of accomplishing the seemingly insurmountable task of preparing leaders to shepherd firms in the post-pandemic world demands an approach similar to what enabled society to create the COVID vaccine in record time: a unique set of circumstances, dedicated focus and sufficient resources.
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