Features

The Equifax Breach: Why This One Is Different
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach. What <i>is</i> different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations nationwide.
Features

Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.
Features

5 Things to Know About the First Wave of Equifax Actions
With 143 million people potentially hit by Equifax Inc.'s data breach, there's no doubt there will lawsuits — a lot of them."You'll have suits in…
Features

Children Book Versions of Classic Novels Not Fair Use
In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.
Features

Alternative Fee Arrangements in Complex Litigation
<i><b>The Case for Value Billing</i></b><p>Alternative fee arrangements (AFAs) are about value, a benefit legal departments are increasingly pressured to bring to their companies. When hiring an outside lawyer, clients are not looking for "hours," and they certainly are not looking for tenths of hours. They seek value.
Features

<i>Commentary</i><br>Observations on Artistic Director's Suit Against Geffen Playhouse
The recent age and disability discrimination lawsuit filed by Randall Arney against the Geffen Playhouse, where he served as artistic director since 1999, seems to raise some serious legal and factual flaws based on just what is alleged in the Los Angeles Superior Court complaint.
Features

Airbnb and Rent Stabilization: A Survey
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
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Big Data, Web 'Scraping' and Competition Law
<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
Features

Challenges to the Admissibility of Evidence in the 'Omics' Era
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Features

Patent Lost Profit Damages and Apportionment
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
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