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January 31, 2014

Ninth Circuit Cool to Privacy Claims against Facebook, Zynga Cooley Advises LegalZoom in Private Equity Infusion

Content Owners' Pursuit of Secondary Infringement Claims

January 31, 2014

Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.

Senate Introduces Data Security Act

January 31, 2014

Sens. Tom Carper (D-DE) and Roy Blunt (R-MO) are taking aim at retailers with new legislation intended to improve safeguards for consumer information, following recent revelations about data breaches at Target Corp. and Neiman Marcus Group Ltd.

Decoding Encrypted Documents in Cross-Border e-Discovery

January 31, 2014

Organizations should develop a strategy to determine whether encryption will be an issue as early as possible in a case. It is also important at the outset to develop a process for handling these very complicated document sets when time is of the essence and when local privacy laws must be considered.

Improving Mobile App Privacy

January 31, 2014

Companies that create and distribute mobile apps are under increasing pressure to protect user data. In 2013, the FTC and the California Attorney General each published privacy recommendations for mobile apps. Among other things, the FTC urges "privacy by design," advising companies to build privacy protections into apps from the outset.

Opening the Privacy Files

January 31, 2014

For privacy advocates, these are heady days.

General Personal Jurisdiction: Daimler AG v. Bauman

January 31, 2014

This article provides an overview of the Supreme Court's general-jurisdiction doctrine, discusses the recent decision in Bauman, and assesses the likely impact of the decision going forward.

Online Extra Bill Limiting Online Data Grabs Clears California Senate

January 31, 2014

Over protests from the tech lobby, California senators passed legislation on Jan 30 that would limit what information online retailers can collect from their customers.

Coverage Disputes over Data Breach

January 30, 2014

As more companies have experienced data breaches, we have seen an increasing number of disputes over whether insurance policies will help pay for them.

Can Using Facebook Be a Firing Offense?

January 29, 2014

Do employers have carte blanche to discipline employees for their social media use? An in-depth discussion.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
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The Roadmap of Litigation Analytics
Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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