The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person accesses…
February 01, 2018Shain Khoshbin and Aaron Dilbeck
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
February 01, 2018Barry SkidelskyA woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.
February 01, 2018Michael BoothWhen it comes to law firm business, not everyone is depressed about the slow growth that plagued many firms in 2017, and that's predicted to persist into the new year. Or at least they won't admit it.
February 01, 2018Miriam RozenLaw firms face all kinds of problems when they try to cultivate a business development culture. The guiding principle for overcoming these obstacles is to find strategies that lawyers can get excited about. People are more willing to be engaged in projects that are interesting and exciting. Here are ten tips for building a business development culture.
February 01, 2018Robert N. KohnOn Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
February 01, 2018Richard S. Hartunian, Jacqueline C. Wolff and Andrew C. CaseAs law firms and legal departments finalize their 2018 budgets, many lawyers in both the United States and Canada plan to increase cybersecurity spending.
February 01, 2018Ed SilversteinMunicipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.
February 01, 2018James B. BaileyGovernment-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
February 01, 2018Jonny Frank and Simon PlattWhat powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America's Clocks, Inc. v. City of New York, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
February 01, 2018Stewart E. Sterk
