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<i>Decision of Note</i><br>Suit Seeking Public Doman Status for 'Buck Rogers' Can Move Forward
Team Angry Filmworks' lawsuit seeking public domain status for science fiction hero "Buck Rogers" adventures is set to blast off now that the U.S. District Court for the Western District of Pennsylvania denied a request to dismiss filed by the trust that licenses Rogers material.
Information Governance: Law Firms' Cybersecurity Weak Spot
Perimeter security is only one part of a comprehensive legal data security strategy and by itself leaves open a weak spot — attackers who, using phishing or other methods, are able to bypass strong perimeter security systems, and once inside find themselves able to access a firm's emails, documents and other work product.
Survey Reflects Growth in How Corporations Manage and Protect Information
Many organizations are changing their approach to leveraging cybersecurity intelligence through enhanced cooperation, detailed information sharing, and broad-based collaboration. To characterize those shifts and offer perspectives that empower effective benchmarking, for the third consecutive year, Nuix engaged my firm to interview corporate security officials. The report reflects the perspectives of 29 cybersecurity executives across a range of industries.
Institutional Deliberate Indifference
<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.
David Boies' Film Venture Sues over <i>Jane</i> Financing
The Boies/Schiller Film Group (BSFG), a film finance venture founded by renowned litigator David Boies and Zachary Schiller, has filed suit against investor Peter Nathaniel and his Boca Raton, FL-based investment fund Impala Partners LLC, accusing Nathaniel and Impala of misrepresentations that resulted in BSFG losing millions in its production of <i>Jane Got a Gun</i>, a 2016 film starring Natalie Portman that received middling reviews and underwhelmed at the box office.
Senate Votes to Repeal FCC Internet Privacy Rules
The FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.
In Light of Recent FTC Actions, Review Your Privacy Policy
Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.
Professional Fees May Not Be Capped by Standard Carve-Out Provisions
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Do <i>Daubert</i> Motions Really Work?
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.

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    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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  • Compliance Officers and Law Enforcement: Friends or Foes?
    <b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.
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  • Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
    Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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