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Regulation

Features

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

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

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

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.

Features

Privacy and Ethics For Social Media In Investigations

William Michael Jr. & Laura Hammargren

It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.

Features

The Ethical Boundaries of Attorney Whistleblowers

Lawrence S. Spiegel & Esther E. Bloustein

In recent years, federal legislation has encouraged attorneys to become whistleblowers. These rules are in tension with the lawyer's duties of confidentiality and avoiding conflicts predicated on attorney self-interest because they allow disclosure of client confidential information more broadly than do applicable ethics rules.

Features

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

DE Supreme Court Eases Social Media Authentication

Jeff Mordock

Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.

Features

Best Practices for Comprehensive Searchability

Dean Sappey

Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.

Features

We Need to Cut a New Deal on Communications Privacy

David R. Johnson

It is (high) time to rewrite and modernize the law that regulates access to our private communications and to the detailed information those communications automatically create.

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