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In the Courts Image

In the Courts

Dennis Mahoney

Fifth Circuit Reverses Ponzi Funds Ruling

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Dennis Mahoney

Head of International NGO Convicted of Bribery, Money Laundering Crimes

Features

Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say Image

Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say

Dan Clark

For Years, Federal Legislators Have Attempted to Pass Comprehensive Cybersecurity and Data Privacy Legislation. With More Support Than Ever from the Public, Industry and Both Sides of the Political Spectrum, 2019 May Be the Year When Such Legislation Is Enacted.

Features

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity Image

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Susan M. Gerber & A. Patricia Campbell

Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

Features

Sticking a Hand in the Internet Cookie Jar Image

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar & Mike Nelson

Why Collecting Children's Online Data is a Risk As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their "smart" products.

Features

Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation Image

Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation

Mark Sangster

California's Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).

Features

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things Image

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things

Michael Bahar, Frank Nolan & Trevor Satnick

<b><i>Companies Impacted By California's SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020</b></i><p>While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.

Features

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Features

How Will the Music Modernization Act's Mechanical Licensing Collective Work? Image

How Will the Music Modernization Act's Mechanical Licensing Collective Work?

Chris Castle

This article focuses on managing change for clients affected by the MMA's government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.

Features

IP Provisions in 'New NAFTA' Agreement Image

IP Provisions in 'New NAFTA' Agreement

Lawrence E. Ashery

With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

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