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Features

SCOTUS Takes Up Microsoft Case on Email Privacy Image

SCOTUS Takes Up Microsoft Case on Email Privacy

Tony Mauro

A long-running dispute between Microsoft and the Justice Department over providing the government with certain customer emails in criminal investigations will be refereed by the U.S. Supreme Court.

Features

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity Image

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity

Stan Soocher

The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

Features

When Products Start Teaching Cybersecurity Process Image

When Products Start Teaching Cybersecurity Process

Jared Coseglia

<b><i>New Nuix Cybersecurity Training and Certification Point to Pivot Not Only In Company But In Community At Large</b></i><p>Getting certifications from Nuix is no longer just about mastery of its engine. With a new certification coming to market next quarter, Nuix, like many in the ESI and forensic space (namely Guidance Software, now OpenText), is shifting gears and driving directly into the race for cybersecurity supremacy in an evolving and currently fractured technology marketplace.

Features

NAFTA Renegotiation: Fourth Round Image

NAFTA Renegotiation: Fourth Round

Melissa Proctor

<b><i>Difficulty Making Headway on Thorny Issues</i></b><p>As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.

Features

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements Image

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements

Joshua L. Becker & Brad M. Strickland

Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.

Features

Negotiating Key Points in Literary Agent-Author Relationships Image

Negotiating Key Points in Literary Agent-Author Relationships

Michael I. Rudell & Neil J. Rosini

Several of the same concepts that are in agreements between performing artists and managers also apply to agreements between authors and literary representatives.

Features

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies Image

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies

Robert J. Anello & Christina Lee

As the adoption of cryptocurrencies — or digital currencies that are encrypted for security — spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations indicate that cryptocurrency-based transactions will be under greater scrutiny than ever before.

Features

How Defendant's Prior Conduct Can Impact Copyright Cases Image

How Defendant's Prior Conduct Can Impact Copyright Cases

Nicholas J. Boyle & Richard A. Olderman

In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.

Features

Adult Use Zoning in New York Image

Adult Use Zoning in New York

Stewart E. Sterk

New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.

Features

Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.

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