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No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>
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This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect Jan. 1, 2017.
Features
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Law departments are not being asked to do more with less? Instead, they are being asked to do more with more (though sometimes their budget increases are not keeping up with their new responsibilities).
Features
Comparing the success of the Department of Justice (DOJ) in extracting guilty pleas from companies for violations of the Foreign Corrupt Practices Act (FCPA) with the DOJ's notable trial failures in FCPA matters brought against individuals is particularly instructive when we are discussing individual versus corporate criminal accountability, as we did in the first part of this article.<br><i><b>Part Two of a Two-Part Article</b></i>
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Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
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President Trump is already being pressured to reverse President Obama's Open Internet Order (also known as “net neutrality”) and take an aggressive stance against it. It remains to be seen how President Trump will balance the call for privacy regulations amidst our country's vulnerability to cyber-attacks.
Features
<i><b>Three Goals</i></b><p>A recent report laid bare one of the most pressing problems of today's companies — and their GCs. Simply put, the report found that businesses of all types do a poor job of contract management.
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As the chances of a data breach incident increase, savvy businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
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Law firms are increasingly confident in their cybersecurity capabilities, despite many falling short of adequate breach response preparation.
