Features
EU Data Protection Reforms Update
Corporate Counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.
Features
The ITC Is Dead, Long Live the ITC
In the last decade, the ITC has been an increasingly popular forum for litigating IP rights, largely because it offers a quick and forceful remedy in the form of an exclusion order, which can exclude infringing products from the U.S. market. In recent months, several important decisions have caused some to question the continuing vitality of the ITC as forum.
Features
Are Search Engine Results Protected Speech?
Search-engine results have become the lodestar of the Web for most users. Whether the user constructs a narrowly-tailored query designed to exclude inapplicable results, or a broad search designed as an introduction to a given topic, the algorithmic apparatus fueling search engines will usually produce pertinent information. As a matter of fact, this article on search results was in part fueled by using results acquired from a search engine.
Features
Coping with Evolving Cybersecurity Rules
Cybersecurity and data protection, more than ever, are priority items for the government and private sector. The government has reacted by proposing legislative "fixes" that would require organizations to satisfy basic levels of cybersecurity protection and disclose breaches or face fines. Whether a mandatory compliance model will be effective given the rapid pace by which technology advances is unclear. It may be unrealistic to expect the government's legislative pace to keep up with hackers.
Features
IRS Guidance Reveals Federal Bitcoins Strategy
The IRS's March 25, 2014 declaration that bitcoins are property, not currency, is the final piece of the carefully-crafted Federal approach to bitcoin regulation which greatly differs from the approach of other sovereign nations.
Features
Reclassification of Obesity and Changes to The Manual of Mental Disorders
The Patient Protection and Affordable Care Act (ACA) is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and ADA discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
Features
Important Issues and Recent Developments in Wage and Hour Law
This article examines important legal and political developments affecting the FLSA and how they develop into the most commonly litigated employment claims in American federal courts.
Features
Maximizing Value
Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms. This article highlights the initial steps, questions and concerns typically facing a director in this new environment.
Features
Consumer Groups Decry FCC's Net Neutrality Proposal
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.
Features
S. Ct. Limits Restitution for Child Pornography Victims
A divided U.S. Supreme Court on April 23 limited the amount of restitution due to child pornography victims whose images are viewed by thousands over the Internet.
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
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- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›