November Issue Delayed
Dear Readers:<p>Due to the power outage caused by Hurricane Sandy, publication of <i>The Intellectual Property Strategist</i> was delayed. LJN regrets any inconvenience this may have caused.
Features
An Analysis of Proposed Federal Cybersecurity Legislation
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Anonymous vs. Fraudulent Internet Speech
Even though the foundation of First Amendment rights has prevailed through the centuries, the anonymity and potentially unlimited mass audience of Internet speech poses difficulties for application of traditional doctrines governing speech ' whether political or not, and, it stands to reason, most instances of speech on the Internet are not political in nature.
Surviving Goliath
Despite David's victory in the Bible, the Goliaths of the world usually win. e-Commerce tells the same story, as many of the strongest retailers are equally big in the virtual world.
The Eighth Annual MLF 50: The Top 50 Law Firms in Marketing and Business Development
This year's submissions to the MLF 50 were so uniformly excellent, innovative and enthusiastic that it was almost impossible to choose the winners, let alone the Top Five.
Features
Bit Parts
Counsel Concerns<br>Puzo Estate's Claim of Breach of 1969 Godfather Agreement Not Preempted by Federal Copyright Law<br>Subsequent Purchaser of Network Rights Not Liable for Royalties to Original Seller
Trademarking Athletes Names and Slogans
Bryce Harper's application to trademark his famous retort: "That's a clown question, bro" is one of the latest examples of a growing trend: athletes seeking trademarks on nicknames, slogans and catchphrases. This isn't a new thing. But the latest rash of athlete applicants shows that it is happening more and more frequently.
Features
No Injunction In Video-on-Demand Litigation
The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.
Features
The Magnificent 25
Many mid-size firms have been growing, aggressively. And, from the creative submissions we received, it is clear why.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›