Features
The Not-Doing List: Focusing Your Strategic Marketing Plan
Effective marketing and business development is all about getting your at-bats. A desire for a perfect solution oftentimes impedes our ability to participate in efforts that are good enough.
Features
Government Secret Recording of Interviews Rarely In Best Interests of Witness
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Features
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
Features
How NY Courts Find Copyright Preemption of State Law Claims
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
Features
Virtual Reality or the New Reality of Virtual Practice?
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
Features
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Features
Activision Trial Counsel Discusses Case About Video Game Character
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
Features
The Queen's Gambit: A Proactive Approach to Reducing Technology Vendors' Contracting Risk
There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. Whether you are able to accept a risk and to what extent are not always clear. Just know that, like in chess, your opening move to an IT deal can be your most powerful.
Features
Key Issues In Cyber Insurance Policies
The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.
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