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Are You a Five-Tool Player?
November 01, 2016
A law firm executive's ability to lead lawyers' potential for greatness can be evaluated using a model that is similar to baseball. The term “five-tool player” is used to describe a player who has an array of skills across a broad spectrum.
Sixth Circuit's Decision on Privacy Claims over Data Breaches
November 01, 2016
Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data. But small to midsize businesses often fail to appreciate the risk of a data breach to their own business.
Circuit Revives Copyright Case Against MP3tunes, Founder
November 01, 2016
Record companies and music publishers will get more damages and a second shot at holding the founder of MP3tunes liable for additional copyright infringement following a federal appeals court decision on Oct. 25.
Making Your Website ADA Accessible
November 01, 2016
As companies across the country rush to embrace the Internet and other electronic technologies, they must be mindful of this very real exposure to liability — website inaccessibility. Web accessibility means that people with disabilities can use the Web. More specifically, it means that people with disabilities cannot only perceive, understand, navigate and interact with the Web, but can also contribute to it.
2016: The Year Everything Changed In Social Media Marketing
November 01, 2016
Three megatrends culminated in online business development in 2016, requiring attorneys to change their digital marketing tactics and to re-focus on what produces results.
Attorneys Accused of Filing Bogus Suits in Alleged Scheme to Stamp Out Negative Web Reviews
November 01, 2016
Two California lawyers have been accused of participating in a scheme that used sham lawsuits to suppress negative online reviews of businesses.
Software and Business Method Inventions After <i>Alice</i>
November 01, 2016
As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.
Drafting Film Production Compensation Clauses In Light of State Tax Credit Requirements
November 01, 2016
Compensation provisions in entertainment contracts are in one or two subparagraphs. To simplify drafting and to use “plain English,” the compensation provisions often contain introductory, governing language along the lines of: “In full and complete consideration for entering into and performing all of the terms hereof.” However, is such a “plain English” approach always a “best practice”?
<i>Decision of Note</i>: Second Circuit Rules on e-Book Sample in Digital Locker
November 01, 2016
The U.S. Court of Appeals for the Second Circuit decided that an agreement between a book author and a publisher allowed a customer of distributor Barnes & Noble to retain a sample of the book in the “digital locker” the distributor provided to the customer.
Ninth Circuit Examines Copyright Liability Merch Photos Case
November 01, 2016
When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.

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