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Columns & Departments

IP News

Jeff Ginsberg & George Soussou

Federal Circuit: HP Not Estopped from Challenging Claims Deemed Unchallengeable in IPR That It Had Joined Federal Circuit: A New Process Does Not Transform an Old Product Into a New One

Features

Preventing and Mitigating Cultural Engineering Attacks During M&A: What Every Law Firm Needs to Know Image

Preventing and Mitigating Cultural Engineering Attacks During M&A: What Every Law Firm Needs to Know

Mark Sangster

Criminals have long taken advantage of unrest and instability, knowing that people's attention will be diverted and their defenses down during uncertain times. This leaves ample space for the less altruistic among us to move in and manipulate a situation to their benefit.

Features

Ransomware: To Pay or Not to Pay Is Not the Question Image

Ransomware: To Pay or Not to Pay Is Not the Question

Michel Sahyoun

Ransomware has come a long way since the 1989 "AIDS Trojan." In 2019 ransomware demands topped $12M. Succinctly put: "Ransom demands grew larger. Tactics became more cutthroat."

Features

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger? Image

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Alan Friedman

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

Features

Data Is Fluid -- So Why Are Data Maps Static? Image

Data Is Fluid -- So Why Are Data Maps Static?

Dean Gonsowski

Data "in transit," or in motion, is data that is moving from one location to other, such as from device to device or through a private network. Data "at rest" is data that is not actively moving from place to place, such as archived data. Protecting data in motion and at rest is crucial for data-driven enterprises as hackers continue to come up with new ways to attack.

Features

It's 2025: What Did We Do to Successfully Shift Law Firm Operations? Image

It's 2025: What Did We Do to Successfully Shift Law Firm Operations?

Rob Mattern

A Look Back from the Future If we look back at 2020 five years from now, what will we point to as the key actions that brought law firms back, and which of those are still in play.

Features

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage Image

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage

Robert Storace

More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.

Features

Drumming Up Business While Trumpeting Your News Image

Drumming Up Business While Trumpeting Your News

Vivian Hood

An Integrated Strategy Despite the current uncertainty, though, developing solid plans with accountability, results and measurement can be done. Preparing a comprehensive business development strategy — one that is integrated with public relations — is more critical than ever to avoid being considered pleasant but boring elevator music.

Features

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations Image

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations

Steven M. Silverberg & Katherine Zalantis

The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.

Features

COVID Shutdown Orders v. Statutory Rent Obligations Image

COVID Shutdown Orders v. Statutory Rent Obligations

Brett S. Theisen & Mark B. Conlan 

Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.

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