Features
Robert R. Sachs
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
Features
H. David Kotz
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
Features
Helen Geib
The electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.
Features
Andrew E. Greenberg
The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.
Features
Manuel Garcia-Linares
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George L. Metcalfe, Jr.
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
Features
Christine Simmons
Law firms now have access to a platform that allows them to share data on cybersecurity threats anonymously.
Features
William O'Brien
Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"
Features
Richard Raysman
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Peter Brown
Online impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, <i>People v. Golb</i>, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.
Features
Stephen Treglia
Early on in 2015, pundits were already predicting that the extent and number of data breaches from 2014 would severely pale in comparison to those that would occur in 2015. Inevitably, people across the country, victims, media, members of government, and even litigious-minded attorneys, are scrambling to determine what legal recourse exists to not only retroactively seek retribution, but also proactively enforce data security methods ' a task that is still at its nascent stages of development.
Features
Jacqueline C. Wolff
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Arunabha Bhoumik
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
