Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators have pressed for greater cybersecurity efforts ' with the FTC's authority in this area being recently upheld by the Third Circuit.
- November 02, 2015Milton Springut
An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups 'behaving badly.
November 02, 2015Shari Claire LewisIt seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
November 02, 2015Craig R. TractenbergTwo recent speeches by Securities and Exchange Commission (SEC) officials likely got the attention of every Chief Compliance Officer (CCO). CCOs would be well advised to carefully review and implement where appropriate the SEC's latest cybersecurity guidance.
November 02, 2015Judy Selby and Jonathan A. FormanElectronic discovery is a complex business that requires continuous professional learning from litigation team members and ongoing innovation from technology solution providers. To help stimulate discussion and drive innovation, The Legal Innovation 2020 Working Group was formed at the beginning of 2015 in order to help legal-industry leaders identify the keys to success over the next five years.
November 02, 2015Steven AshbacherOn Oct. 16, in Authors Guild v. Google, the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
November 02, 2015Robert J. Bernstein and Robert W. ClaridaGoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
November 02, 2015Gerald M. LevineOne of the fundamental principles of U.S. contract law is that a party must have the capacity to enter into a contract in order to be bound. Minors, as a general rule, lack this capacity. As a result, any contract made with a minor might not be enforceable. Yet in certain circumstances, contracts with minors are commonplace. The following identifies some risks, some mitigating solutions and the limitations of those solutions when contracting with a minor.
November 02, 2015Michael L. Bloom, Mark McLoughlin, Tim Cross and Elizabeth BeitlerStoring and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
November 02, 2015Gregory Mottla and L. Elise DieterichFranchisees and Dealers Should Plead Causation In Actions Against the Government
Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home StateNovember 02, 2015Cynthia M. Klaus and Bryan Huntington

