Cybersecurity Legislation Near
December 27, 2012
On Nov. 15, the U.S. Senate declined to approve S. 3414, the Cybersecurity Act of 2012. The proposed legislation would have set voluntary cybersecurity standards for owners of the nation's critical infrastructure, such as gas pipelines, utilities and banks. In the absence of cybersecurity legislation, the Obama administration now is considering taking action through an executive order.
Obama Signs Safe Web Act Extension
December 27, 2012
On Dec. 4, 2012, President Obama signed into law H.R. 6131, a bill to reauthorize the U.S. Safe Web Act of 2006. The Safe Web Act authorizes the FTC authority to clamp down on Internet fraud and online scammers based abroad by expanding the FTC's powers so it can share information about cross-border online fraud with foreign law enforcement authorities.
Internet Memes and Intellectual Property Risks
December 27, 2012
Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.
Social Media and the National Labor Relations Act
December 27, 2012
We offer below a set of frequently asked questions with answers distilling the key points that U.S. employers should understand about this new area of NLRA enforcement activity. These FAQs are accompanied by practical suggestions that technology counsel can use to help employers navigate these issues in drafting and updating their own social media policies.
The Secrets of Collecting, Processing and Reviewing Multilingual Data
December 27, 2012
How non-English data is handled, collected, processed, and translated during an e-discovery process can significantly affect the quality of the information that can be mined from electronically stored information (ESI). Key factors, including how data is encoded, what languages are present in the data and the systems and processes that are used to translate and review data will all impact the accuracy, timeliness and cost of the project.
Protect Your Firm!
December 27, 2012
Bring-Your-Own-Device (BYOD) programs, which allow employees to use their personally owned smartphones, tablets and laptops in and out of the work environment, are significantly changing information technology (IT). Law firms around the country are embracing BYOD as it lets executives and employees use the mobile devices, service providers and operating platforms of their choice.
Analysis of Appeals Courts' Views on File Sharer Damages
December 27, 2012
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Video Privacy Law and Online Services
December 27, 2012
The Video Privacy Protection Act has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet. The VPPA, which generally prohibits video service providers from releasing personally identifiable information without written consent, has become a relevant concern for modern media providers because such services are now typically linked to social media sites that allow users to share viewing habits, something that was not possible 20 years ago.
When Discovery Clashes with Privacy Law
December 26, 2012
Businesses that want to use data analytics and comply with privacy rules have an additional burden when the data in question become or could become part of discoverable information in litigation. Then, businesses must make choices about how to handle PII data, which of it to produce and the justifications to support those decisions. Balancing these data-driven issues requires an understanding of the ever evolving landscape of each competing concern.
