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Pondering Updates To Copyright Law In Digital Era Image

Pondering Updates To Copyright Law In Digital Era

Andrew Ramonas

With Congress considering copyright reform and digital streaming upending the music business, the U.S. Copyright Office has announced it is studying the effectiveness of the music-licensing system. In an effort to assist Congress, the Copyright Office said it is looking for public input on Copyright Act of 1976 provisions that established government-regulated music-licensing regimes.

Features

Corporations' 'Seismic Shift' to Private Exchanges Image

Corporations' 'Seismic Shift' to Private Exchanges

Jennifer S. Kiesewetter

The first quarter of 2014 is over. The major provisions of the Affordable Care Act are now in full swing, save the occasional delay of certain mandates. Companies, both large and small, understand that this law is now a fixture of our legislative structure. It will be amended, tugged at, pulled at, changed, expanded, and contracted. The private marketplace plays a crucial role in the development of the law, as well as the resulting impact on employers.

Features

Key Privacy Law Developments Image

Key Privacy Law Developments

Jay Edelson, Chandler Givens

Earlier this year, President Obama addressed the nation to outline steps he will take to rein in the surveillance activities of the National Security Agency. Obama noted that "challenges to our privacy do not come from government alone." The President's remarks were the culmination of a year in which consumer privacy issues have roared into the public narrative, and they underscore a theme that privacy lawyers had already sensed about their practice by the end of 2013: The tide is changing.

Features

How the Affordable Care Act Affects Divorce Image

How the Affordable Care Act Affects Divorce

Christian V. Badali

On Oct. 1, 2013, Americans without health insurance were for the first time able to buy private insurance by choosing among different levels of plans through the Patient Protection and Affordable Care Act. How do these radical changes to health care law in the United States affect its citizens who are currently going through the divorce process or are recently divorced?

Features

Law Firms' Prime Data Security Threat Is Their Own Employees Image

Law Firms' Prime Data Security Threat Is Their Own Employees

Gina Passarella

From kill commands and encryption codes to government espionage and foreign hackers, law firm life is beginning to resemble the plot line of a spy thriller.

Features

New Jersey Manufacturers and Punitive Damages Image

New Jersey Manufacturers and Punitive Damages

Janice Inman

As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) (PLA), N.J. Stat. ' 2A:58C-5 (c) (2013), prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. The statute, which in an earlier form was enacted in 2008, provides, in pertinent part:

Features

Combating Counterfeiting Image

Combating Counterfeiting

Camille M. Miller, Elizabeth Lai Featherman

Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Jan. 1, 2014 and April 1, 2014. It also looks at some recent decisions of interest, including three from the Delaware courts.

Features

Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case Image

Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case

J. Alexander Lawrence, David S. Brown

<i>Aereo</i>may turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.

Features

The Implied Covenant of Good Faith and Fair Dealing under U.S. Law Image

The Implied Covenant of Good Faith and Fair Dealing under U.S. Law

Beata Krakus

It is a truth universally acknowledged that even the most well-written agreement never covers all potential issues that may arise in the future, and that when the rubber hits the road, the parties to the agreement never interpret its terms the same way.

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    This 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.
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  • Inferring Dishonesty: The Fifth Amendment and Fidelity Coverage
    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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