The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.
Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.
In Akamai Technologies, the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.
Reclamation, although appearing rather simple at first glance, is a remedy that requires reference to the expanding body of case law that has interpreted Bankruptcy Code Section 546(c). The over-used term "a trap for the unwary" is exemplified by the reclamation issues that can arise in a Chapter 11 reorganization case.
The Department of Justice (DOJ) Tax Division and the Internal Revenue Service (IRS) have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.
This Spring, Representatives Luke Messer (R-IN) and Jared Polis (D-CO) introduced the bipartisan Student Digital Privacy and Parental Rights Act of 2015. According to The New York Times, "the bill would prohibit operators of websites, apps and other online services for kindergartners through 12th graders from knowingly selling students' personal information to third parties ...."
In the long-running Apple v. Samsung dispute, the Federal Circuit has highlighted a marked difference between the effectiveness of trade dress and design patents in protecting the visual characteristics of a product, which could potentially cost Apple hundreds of millions of dollars in lost damages.
Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets. These data breaches have contributed to an increase in director and officer (D&O) litigation in connection with cyber incidents, and will continue to do so.
