Features
Slew of Privacy Bills Will Keep CA Lawyers Busy
When California lawmakers sent a host of online privacy bills to the governor in the final weeks of the session, consumer groups generally reacted with a "ho-hum."
Features
The 'Friendly Fraud' Chargeback
The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.
Features
New Developments In Social Media Discovery In Employment Cases
As social media websites have become increasingly popular, courts have continued to address the legal issues raised by social media, particularly in the area of discovery. This article focuses on recent developments in the discovery of social media content in employment discrimination cases.
Features
<i>Inter Partes</i> Reviews
In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.
Features
Legal Battle Plans
Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.
Features
Data Encryption And the Law
This article discusses several of the pressing matters within the realm of data encryption, including: the Constitutional concerns that arise when an individual is forced by the government to divulge encrypted data; the recent disclosures in the press of government involvement with encrypted data; and the current global legal climate in which these issues are situated.
Features
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
Features
ICANN's Trademark Clearinghouse Sees Slow Initial Take-up
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
Features
Nine Key Steps In a Proactive Cybersecurity Review
Securing your company's network and protecting your valuable data is difficult enough in today's Internet-driven economy. But to be treated by regulators and courts like an accessory to the crime after you've been hacked is truly adding insult to injury.
Features
SEC Takes First Significant Steps Toward Crowdfunding
Recently finalized rulemaking by the SEC to implement the Jumpstart Our Business Startups Act allows issuers of securities to engage in general solicitation and advertising to accredited investors in some private placement offerings of securities. Although the SEC's announcement leaves several notable questions unanswered, Rule 506(c) has the potential to enhance the utility of investment programs in the franchise world.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›