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Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism Image

Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism

Stan Soocher

Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

Features

ICANN's Trademark Clearinghouse Sees Slow Initial Take-up Image

ICANN's Trademark Clearinghouse Sees Slow Initial Take-up

Jan Corstens

Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.

Features

Nine Key Steps In a Proactive Cybersecurity Review Image

Nine Key Steps In a Proactive Cybersecurity Review

Jason Weinstein

Securing your company's network and protecting your valuable data is difficult enough in today's Internet-driven economy. But to be treated by regulators and courts like an accessory to the crime after you've been hacked is truly adding insult to injury.

Features

SEC Takes First Significant Steps Toward Crowdfunding Image

SEC Takes First Significant Steps Toward Crowdfunding

Joel R. Buckberg, Taylor K. Wirth

Recently finalized rulemaking by the SEC to implement the Jumpstart Our Business Startups Act allows issuers of securities to engage in general solicitation and advertising to accredited investors in some private placement offerings of securities. Although the SEC's announcement leaves several notable questions unanswered, Rule 506(c) has the potential to enhance the utility of investment programs in the franchise world.

Features

Bloggers Want Same Rights as Mass Media Image

Bloggers Want Same Rights as Mass Media

Jonathan Bick

Bloggers, claiming that no distinction exists between blogs and traditional media, are seeking protection afforded by the First Amendment rights previously reserved for traditional media outlets. However, most courts do not afford bloggers the same rights given to traditional media.

Features

FTC Expanding Its Role in 'Internet of Things' Security Image

FTC Expanding Its Role in 'Internet of Things' Security

Sue Reisinger

The FTC continued to expand its reach into cybersecurity last month when it took legal action against TRENDnet, which markets Web-connected home security cameras that allowed hundreds of live video feeds to be hacked and posted online.

Features

e-Discovery Platforms Are Not All the Same Image

e-Discovery Platforms Are Not All the Same

Steve Hartwig

The value of e-discovery technology varies, depending on a number of factors, including the provider that is hosting the data, the quality of technical support and the nature of the matter at hand. For that reason, there is no single one-size-fits-all platform.

Features

Accidental Access, 'Catfishing' and Unsecured Wi-Fi Image

Accidental Access, 'Catfishing' and Unsecured Wi-Fi

Richard Raysman & Peter Brown

The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.

Features

ICANN's Trademark Clearinghouse Sees Slow Initial Take-Up Image

ICANN's Trademark Clearinghouse Sees Slow Initial Take-Up

Jan Corstens

Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.

Features

Recent Issues in Cybersquatting Disputes Image

Recent Issues in Cybersquatting Disputes

Richard Raysman & Peter Brown

There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.

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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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