Regulation

Features

Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.

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This article is Part Two of a two-part series. Part One appeared in the April issue of <i>Entertainment Law &amp; Finance</i>. Part Two starts with a continuation of the author's discussion of First Amendment defenses to right of publicity claims.

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At the end of 2015, the U.S. Copyright Office announced that it would take comments to determine the effectiveness of the safe harbor provisions in the Digital Millennium Copyright Act. It's clear that the Copyright Office will hear some complaints that the DMCA doesn't offer enough of a deterrent against abusive takedown notices.

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There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).

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It is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."

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Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.

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Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.

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Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. This article serves as a primer on conducting e-discovery in the Delaware courts.