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Regulation

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Evolution of the Patent Infringement Safe Harbor Image

Evolution of the Patent Infringement Safe Harbor

Sarah A. Bennington & Anthony M. Insogna

Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.

Features

Collecting Social Security Numbers Image

Collecting Social Security Numbers

Nicole Pszczolkowski & L. Elise Dieterich

In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.

Features

CFPB Gets Real About Bitcoin Risks Image

CFPB Gets Real About Bitcoin Risks

Andrew Ramonas

Consumers should be cautious when using bitcoin and alert the U.S. Consumer Financial Protection Bureau (CFPB) to any problems with the virtual money, the agency said last month after a government watchdog this summer urged the CFPB to engage more on the currency.

Features

Valuation of a Law Firm and a Law Practice Image

Valuation of a Law Firm and a Law Practice

James D. Cotterman

Lawyers leaving a law practice have an economic interest in monetizing their career-long investment in building a client portfolio and a referral network. How each lawyer has accomplished this depends on his or her particular practice, market and style. But while the means may vary, the results are the same ' access to clients who have legal needs. And this is the value the acquirers wish to capture.

Features

The DNA of an In-House Corporate e-Discovery Project Manager Image

The DNA of an In-House Corporate e-Discovery Project Manager

Jared Coseglia

What is the DNA of an in-house e-discovery project manager ' and how can you become one, whether you are a lawyer or a technician? Let's define an in-house e-discovery project manager, examine in-house corporate hiring trends and endeavor to understand what the corporate appetite is for grooming talent or, conversely, for hiring experienced e-discovery professionals.

Features

Is It a 'Cyberattack' or a 'Data-Breach Incident'? Image

Is It a 'Cyberattack' or a 'Data-Breach Incident'?

Mark Mermelstein, Antony Kim & Robert Uriarte

This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.

Features

Insurance Coverage Disputes over Data Breaches Image

Insurance Coverage Disputes over Data Breaches

Ellen Farrell & Kathryn Linsky

Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.

Features

Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses Image

Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses

Fredric A. Cohen & Allison R. Grow

Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.

Features

Protecting Law Firms from Increasing Cyberattacks Image

Protecting Law Firms from Increasing Cyberattacks

Peter F. Vaira

Cyberattacks are increasing at a startling rate in the business community, not only by hackers for personal intellectual skullduggery, but cyberattacks aimed at obtaining sensitive information. Law firms have become major targets of these illegal attacks, which are aimed at discovering and pilfering the entire subject matter of a commercial operation.

Features

EU Data Protection Reforms Update Image

EU Data Protection Reforms Update

Andr' Bywater

E-commerce counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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