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Courts Conflict on Anonymous, Allegedly Defamatory Online Speech Image

Courts Conflict on Anonymous, Allegedly Defamatory Online Speech

Richard Raysman & Peter Brown

Anyone spending 10 minutes on the Internet reading content is often assaulted by angry and coarse language supporting frequently outrageous opinions. The First Amendment concepts of free speech have reached either new highs or discouraging lows when dealing with opinions and blogs on the Internet. In this unrestricted environment, can individuals or businesses protect their reputations?

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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.

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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.

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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.

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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.

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    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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