Phishing for Whales with Spears
November 01, 2018
<b><i>What Your Organization Can Do to Protect Itself from Email-Based Attacks</b></i><p>There's no question that email has revolutionized the way we operate. Unfortunately, for all of its convenience, email has opened the door to serious security threats that include viruses, malware and fraud. Phishing scams have become a widespread problem — you'd be hard pressed to find anyone who hasn't been on the receiving end of a phishing attempt.
Understanding the Intersection Between GDPR and Cybersecurity
November 01, 2018
It's been about half a year since Europe's General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We've seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.
Impact of EU's GDRP on Domain Registration
November 01, 2018
Since the GDPR's implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It's now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.
The Supreme Court's Criminal Law Decisions in 2018
November 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Legal Tech: Stop, Collaborate and Listen -- Collaboration Tools Are a Brand New Invention
November 01, 2018
Today's workplaces require tools that enhance employee productivity and provide the flexibility to never miss a critical business opportunity. Organizations in other industries have already experienced the benefits of enterprise collaboration, and now this technology is making its way into the legal sector. The rise of enterprise collaboration is redefining the modern law firm and legal department.
The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up
November 01, 2018
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."
Get It in Writing: Deducting False Claims Act Payments
November 01, 2018
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
