The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.
- November 02, 2017Jonathan Bick
This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.
November 02, 2017Elizabeth Vandesteeg and Jeffrey GoldbergA 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.
November 02, 2017Tony MauroThe 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.
November 02, 2017Stan SoocherNew Nuix Cybersecurity Training and Certification Point to Pivot Not Only In Company But In Community At Large
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.
November 02, 2017Jared CosegliaDifficulty Making Headway on Thorny Issues
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.
November 02, 2017Melissa ProctorLawsuits 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 cy pres recipient, but courts are starting to question such moves more thoroughly.
November 02, 2017Joshua L. Becker and Brad M. StricklandSeveral of the same concepts that are in agreements between performing artists and managers also apply to agreements between authors and literary representatives.
November 02, 2017Michael I. Rudell and Neil J. RosiniAs 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.
November 02, 2017Robert J. Anello and Christina LeeIn 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.
November 02, 2017Nicholas J. Boyle and Richard A. Olderman











