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 However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.
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.
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.
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.
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.
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.
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.
MCI for New Carpeting Upheld Tenant Breach by Making Renovation Without Permit Entitles Landlord to Possession Issues of Fact Preclude Summary Judgment on Subtenant's Succession Defense
The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.
The COVID-19 pandemic has likely changed how law firms operate from now on, and it has affected all areas, from client service and IT to business development and attorney recruiting and advancement. One area that has been especially hit hard is the communications function.
