Locks, the saying goes, keep honest people honest. But no lock is perfect and the determined thief will always find a way in. In recent years, it has become obvious that the same is true of the Internet.
October 02, 2015Stephen M. Kramarsky
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.
October 02, 2015David M. Kohane and David S. GoldThis edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2015, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from Delaware's Chancery Court.
October 02, 2015Sandra FeldmanThe long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.
October 02, 2015Charles G. MillerThe changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.
October 02, 2015Bill PiwonkaOn June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in Ariosa Diagnostics, affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
October 02, 2015David L. Walker and Angela L. MorrisonColleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
October 01, 2015Marisa KendallIt was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
October 01, 2015Amanda BronstadFollowing months of debate, the U.S. Senate has delayed voting on the Cybersecurity Information Sharing Act, S. 754 (CISA), ahead of its summer recess. As part of an agreement reached on Aug. 5, the Act will be back on the Hill this month and will carry a number of new amendments when it resurfaces.
September 02, 2015Chris DiMarcoThis summer, the U.S. Court of Appeals for the Second Circuit decided Glatt v. Fox Searchlight Pictures, an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.
September 02, 2015Thomas E. Chase