Features
2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices
The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.
Features
Forum Selection Clause Held Waiver of Removal Right
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
Features
Legal Departments and Law Firms
The International Association of Defense Counsel (IADC) recently conducted its 2015 Inside/Outside Counsel Relationship Survey in order to gain a better understanding of the relationship between lawyers in corporate legal departments and lawyers in law firms. The results are reported herein.
Features
<i>Ariosa Diagnostics v. Sequenom </i>
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
Features
Electronic Chattel Paper
One of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?
Features
Using Digital Tools To Assess and Remedy Online Reputational Damage
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Columns & Departments
Court Watch
Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them
Features
<b><i>Online Extra</b></i> Ninth Circuit Rejects Pay for Student-Athletes
Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
Features
<b><i>Online Extra:</b></i> DOJ Wants Massive Government Data Breach Suits Consolidated
It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
<b><i>Online Extra:</b></i> U.S. and UK Corporations Sustain High Levels of Digital Vulnerabilities
If there is any major concern corporations bear this year having watched last year's round of large-scale, invasive, expensive data hacks, it is the one of cyber security. In 2015, Centrify ' an identity management company ' surveyed more than 400 IT decision makers in the U.S. and UK to grasp the scope of how secure they believe they are and should be. The group asked: How much are hackers costing organizations that don't make the front page like Sony?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Disney-OpenAI’s Sora Deal: What it Signals for Licensing and Responsible AIThe Walt Disney Co.’s newly announced, three-year licensing agreement with OpenAI to bring more than 200 characters from Disney, Marvel, Pixar and Star Wars to Sora marks a pivotal moment at the intersection of intellectual property and generative AI. For rights holders, platforms, and brands, the deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.Read More ›
