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Arbitration Impact on Attorney Fees and Film Company Principal
June 01, 2018
The U.S. Court of Appeals for the First Circuit reversed a district court's award of attorney fees to Sony Corp. under §505 of the Copyright Act for winning a ruling that a lawsuit over a Sony Music songwriting contest should be sent to arbitration.
Security Breach Responses — As Important and Difficult As Ever
June 01, 2018
The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself. Tough -- and sometimes expensive -- choices need to be made quickly.
Protecting Privilege Before and After a Cyber Breach
June 01, 2018
Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organization's investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.
Commentary: 'Thin' vs. 'Broad' Protection for Music Works
June 01, 2018
The hotly disputed legal issue between the majority and dissent in the recent, highly-publicized “Blurred Lines” decision by the U.S. Court of Appeals for the Ninth Circuit concerned whether Marvin Gaye's 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection.
Commentary: Smaller Space for Innovation Leads to More Infringement Suits
June 01, 2018
Pop musicians may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call the “legacy” interests — parties who own copyright interests in already-created songs but who won't be making any new music.
The Topography of a Strong Attorney Biography
June 01, 2018
<i><b>Part Two of a Two-Part Article</i></b><p>In addition to ensuring that a bio focuses on “the right stuff,” it is essential that the bio be both search engine and social media friendly.
This is Not Your Father's Cloud
June 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>Part One of this two-part article is aimed at demystifying the hesitations behind cloud security and analyzing the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice.
Prospering in the 'New Normal'
June 01, 2018
<b><i>Raising Costs and Declining Demand are Sapping Profits</b></i><p>The “New Normal” of today is one in which raising operating costs, associate salary increases, and reduced realization rates coupled with AFAs and demands from corporate counsel for reduced rates are sapping firm profits and there is no relief on the horizon. Law firm leaders, seeing current conditions, should be asking if there is a better way.
Sending Out an SAS: Analyzing the <i>SAS Institute Inc. v. Iancu</i> Decision
June 01, 2018
In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board's practice of instituting review on only a subset of an <i>inter partes</i> review (IPR) petitioner's validity challenges.
DeLorean Estate's Lawsuit over 'Back To the Future' Royalties
June 01, 2018
Two camps are battling in New Jersey federal court over royalties paid by Universal Pictures for use of the car that became a time machine in the <i>Back to the Future</i> movie trilogy.

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