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Fifth Amendment Does Not Extend To 'Digital Person' Image

Fifth Amendment Does Not Extend To 'Digital Person'

Shari Claire Lewis

An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups 'behaving badly.

Features

State, Federal Law Differ on Franchisors As Joint Employers Image

State, Federal Law Differ on Franchisors As Joint Employers

Craig R. Tractenberg

It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.

Features

SEC Potentially Targets CCOs for Cybersecurity Lapses Image

SEC Potentially Targets CCOs for Cybersecurity Lapses

Judy Selby & Jonathan A. Forman

Two recent speeches by Securities and Exchange Commission (SEC) officials likely got the attention of every Chief Compliance Officer (CCO). CCOs would be well advised to carefully review and implement where appropriate the SEC's latest cybersecurity guidance.

Features

Four Keys to Litigation Technology Innovation in the Next Five Years Image

Four Keys to Litigation Technology Innovation in the Next Five Years

Steven Ashbacher

Electronic discovery is a complex business that requires continuous professional learning from litigation team members and ongoing innovation from technology solution providers. To help stimulate discussion and drive innovation, The Legal Innovation 2020 Working Group was formed at the beginning of 2015 in order to help legal-industry leaders identify the keys to success over the next five years.

Features

Second Circuit 'Affirms Fair Use Image

Second Circuit 'Affirms Fair Use

Robert J. Bernstein & Robert W. Clarida

On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.

Features

Safe Harbor for Service Providers under the Anticybersquatting Act Image

Safe Harbor for Service Providers under the Anticybersquatting Act

Gerald M. Levine

GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.

Features

Contracting with Minors Image

Contracting with Minors

Michael L. Bloom, Mark McLoughlin, Tim Cross & Elizabeth Beitler

One of the fundamental principles of U.S. contract law is that a party must have the capacity to enter into a contract in order to be bound. Minors, as a general rule, lack this capacity. As a result, any contract made with a minor might not be enforceable. Yet in certain circumstances, contracts with minors are commonplace. The following identifies some risks, some mitigating solutions and the limitations of those solutions when contracting with a minor.

Features

Data Sharing In the Cloud Image

Data Sharing In the Cloud

Gregory Mottla & L. Elise Dieterich

Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Bryan Huntington

Franchisees and Dealers Should Plead Causation In Actions Against the Government <br>Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State

Features

Managing Security Risks During Labor Disputes Image

Managing Security Risks During Labor Disputes

Peter Martin

Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers and employees. The process is well defined in business terms:

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