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Features

How To Avoid Cybersecurity Challenges Brought On By the Pandemic Image

How To Avoid Cybersecurity Challenges Brought On By the Pandemic

Tomas Suros

As the current pandemic has forced much of the world into virtual workforce mode, cybercriminals have seized on the uncertainty of the current times to launch new and creative offensives. Fears surrounding COVID-19 are high, conspiracy theories are running rampant, and cyberattackers are counting on stress and distraction to decrease our vigilance against intrusions.

Features

French Law on Removing Objectionable Online Content Rejected As Too Broad Image

French Law on Removing Objectionable Online Content Rejected As Too Broad

Anne Bagamery

A new French law that would have required such social media platforms as Facebook to take down objectionable content within 24 hours has been rejected by France's Constitutional Council as a disproportionate response to the proliferation of hate speech online.

Features

Lessons Learned from Recent FTC Data Security Enforcement Orders Image

Lessons Learned from Recent FTC Data Security Enforcement Orders

Julia B. Jacobson, Natalia J. Kerr & Courtney K. Stout

Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is "reasonable" data security? The FTC's key data-security-related enforcement can help guide businesses in developing their data security programs.

Features

Legal Tech: How to Streamline Your eDiscovery and Plan for the Future  Image

Legal Tech: How to Streamline Your eDiscovery and Plan for the Future 

Brian Schrader

At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.

Features

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision Image

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Features

Recent Court Views on "Making Available" Controversy in Copyright Infringement Image

Recent Court Views on "Making Available" Controversy in Copyright Infringement

Stan Soocher

Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

Features

Does Insurance Policy Cover Media Office COVID-19 Closure? Image

Does Insurance Policy Cover Media Office COVID-19 Closure?

Howard B. Epstein & Theodore A. Keyes

According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.

Columns & Departments

Real Property Law

ssalkin

Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes No Preliminary Injunction in Action to Declare Sale Contract Void

Features

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision Image

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Features

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials Image

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials

Kerry S. Taylor & Nathanael R. Luman

On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.

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