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.
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”?
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.
On the Hot Seat: Five Must-Haves for Today's Am Law 100 Chief Operating Officers
November 01, 2016
Over the years, the structure of law firms has shifted from a geographical model to a practice group model. Rather than placing leaders in each geographical office, law firm practice group leaders have more power. As law firms have evolved in size, reach, and complexity, so too has the need for seasoned executives to manage the business of law.