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Regulation

  • For entertainment, sports and media (ESM) industries bidders ' and their counsel ' contemplating a merger-and-acquisition deal, last year's Delaware Supreme Court decision in RAA Management LLC v. Savage Sport Holdings Inc. highlighted the importance of assessing risk early in the due diligence process.

    May 31, 2013Sean A. Monroe, Jeannine Tang, Silvia Vannini
  • On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.

    May 31, 2013Jenna Greene and Catharine Dunn
  • The 'Dendrite test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to Dendrite, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since Dendrite, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in Warren Hospital v. John Does (1-10) has limited the application of Dendrite.

    May 31, 2013Jonathan Bick
  • The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.

    May 31, 2013Peter J. Toren
  • On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.

    May 31, 2013Jenna Greene and Catharine Dunn
  • In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.

    May 02, 2013Shari Claire Lewis
  • Cybercrime is neither rare nor isolated these days. You no longer need to be a major bank, retailer, credit card company, social media site or government to become a target. Every company with an online presence, or even a connection to the Internet, has become fair game.

    May 02, 2013Gabrielle T. Kelly, Mark Mermelstein and James Hsiao
  • Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.

    April 29, 2013Paul Bent
  • The wave of federal legislation continues to provide significant financial incentives and protections to whistleblowers for reporting corporate misconduct to law enforcement. And the wave shows no signs of diminishing in 2013.

    April 26, 2013Lauren J. Resnick, Tracy Cole and Essence Liburd
  • Congress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'

    April 24, 2013Todd Ruger