Features
The New Attorney General and You
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
Features
<b><i>Online Extra:</b></i> New Russian Data Residency Law Will Soon Take Effect
There is a new Russian data residency law that will likely impact many companies, which somehow have business connections with Russia.
Columns & Departments
IP News
Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA
Features
When Your Data Goes Viral
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.
Features
2016 Budget Targets Retirement
Last month, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican led Congress, the President's budget may be "aspirational." It is a good indicator of the tools the Administration is prepared to use to fund its wish list.
Features
Raising the Stakes
The government has become increasingly aggressive in pursuing criminal claims not only against corporations, but also against in-house counsel and compliance personnel, for conduct once treated almost exclusively as civil.
Features
Federal Judge Rules For Defendant in Porn Copyright Case
An anonymous <i>pro se</i> defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
Features
How to Obtain Social Media Data For Defending Lawsuits
Obtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.
Features
Disputes over Noise Levels from Live Performances
Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
Features
Law Firms Aren't Immune to Cybersecurity Risks
Although law firms have managed to remain off the list of the year's biggest data breach victims, firms watching cybersecurity trends most closely are feeling increasingly uneasy about their own security posture.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›