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  • Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”

    November 01, 2017Marcus S. Harris
  • Money is a powerful motivator, but it alone wasn't enough to fuel the ransomware epidemic. After all, the first documented ransomware infection was in 1989, but it remained relatively unknown until its resurgence over the past five years. So what changed? In short, bitcoin.

    October 02, 2017M. Scott Koller
  • “There's really no such thing as the cloud, there are only other people's computers.” This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.

    October 02, 2017Nina Cunningham
  • With expectations for an always-on law firm, significant challenges within the legal industry to maintain competitiveness and perform due practice for cybersecurity and other disaster scenarios come from both clients and regulatory bodies. A comprehensive approach with an end-to-end availability strategy is imperative to mitigate the threats of downtime. And yet, this is easier said than done.

    October 02, 2017Jeff Ton
  • "There's really no such thing as the cloud, there are only other people's computers." This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.

    October 02, 2017Nina Cunningham
  • Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.

    October 02, 2017P. Clarkson Collins Jr.
  • Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.

    October 02, 2017Karen Levin, Ariel Ronneburger and Damias Wilson
  • 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 is 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.

    October 02, 2017F. Paul Greene
  • 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.

    October 02, 2017Sandra Feldman