Features

How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership
A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.
Features

Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions
The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government's ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court's wire fraud jurisprudence.
Features

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown
Girding itself for scrutiny by Congress and regulators over anti-competitive concerns, Live Nation Entertainment has retained prominent antitrust attorney-turned-lobbyist Seth Bloom.
Features

Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages
If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. A seldom used doctrine allows prosecutors to charge executives with misdemeanor offenses just for being in the position of power when others commit the misconduct. Rather than take a wait-and-see approach, companies and their leaders would do well to prepare for prosecutors to reach deep into their toolbox.
Features

SEC Tightens Rules on Scheduling Trades In Advance
General counsel may find themselves pulled into difficult conversations with top executives as the Securities and Exchange Commission tightens its rules on company insiders looking to dump their stock.
Features

Copyright Claims Board: Now Entering the "Active Phase"
2023 is shaping up to be a big year for small claims. Since making its debut in June of 2022, the Copyright Claims Board (CCB) has received over 250 claims, and at least 11 have made it to the "active phase," with more on the way. Active phase means a respondent was served, failed to "opt out," and now the esteemed three-member tribunal of copyright experts may finally get a chance to make some rulings.
Features

Court Declines to Block Retroactive Application of HSTPA
The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords' incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.
Features

Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases
Despite the broad language of the Espionage Act, the DOJ has faced significant hurdles in pursuing prosecutions outside the traditional espionage context, and particularly where the alleged foreign agent's activity involves ostensibly legitimate international business dealings.
Features

The NFT Market and Fallout from the FTX Scandal
The FTX bankruptcy scandal that has shaken the largely unregulated cryptocurrency world has slowed but isn't likely to end the roll-out of celebrity-related, non-fungible digital token (NFT) offerings. But how might the FTX story impact a push for federal regulation of the NFT market?
Features

Cryptocurrency: Rich In Investment Opportunity; Ripe for Fraud Schemes
The recent implosion of FTX Trading leaves investors and their advisers wondering whether any crypto investment is safe. There have been dozens of cryptocurrency-related fraud schemes in recent years including Ponzi schemes and investment schemes using crypto and the blockchain to facilitate the fraud scheme.
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- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›