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Regulation

  • The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.

    May 02, 2014Ann Grayson and Jim Norman
  • Consumer advocates reacted with dismay to reports that the FCC plans to allow Internet service providers to charge companies a toll for faster access, while FCC Chairman Tom Wheeler defended the proposed rules as consistent with the underlying goals of net neutrality.

    May 02, 2014Jenna Greene
  • Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process.

    April 02, 2014Charles S. Modell and Sawan S. Patel
  • Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.

    April 02, 2014Richard B. Kapnick, Courtney A. Rosen and Eric T. Schmitt
  • The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.

    April 02, 2014William G. Pecau
  • On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.

    April 02, 2014Diane Bieri, Jonathan Gleklen
  • Every online enterprise today is struggling to manage and exploit the exploding volume of personal information that comes within their possession, while also maintaining data security and complying with privacy-related laws and regulations. They are not alone. Courts, legislators and regulators also are striving to find ways to protect legitimate privacy rights while keeping the realities of today's technology evolution and business environment in mind.

    April 02, 2014Judy Selby