<b><i>Online Extra:</b></i> Convict Seeks New Trial Over Use of Facebook Evidence
September 30, 2016
A man convicted of murder in New Haven, CT, is asking the state Supreme Court for a new trial on grounds that the judge should not have allowed evidence from Facebook at trial. The defendant argues that photos from his Facebook profile that were presented to the jury were used to portray him as a "thug" and improperly swayed the jury. Police were also able to locate the defendant, Derrick Bouknight, through his Facebook page. '
To Sue or Not to Sue for Trademark Infringement
September 01, 2016
A strong trademark can be a company's most significant asset. Infringement, however, can strip the trademark of its value by causing "confusion among consumers" as to the identity and origin of the client's product.
Third Circuit Sets Standard for Facebook Chat Evidence
September 01, 2016
Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.
Cybersecurity Beyond Traditional Risk Management
September 01, 2016
At a recent CIO panel, an audience member asked the three of us on stage: "What do you see as your number one priority in the coming 12 months?" I responded "cybersecurity" without hesitation. The panelist that followed said that cybersecurity was a priority, but that it is a subset of risk management. This was not the first time I have heard the chief information pro and/or technologist in a large company make that point, and I have to respectfully disagree.
California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?
September 01, 2016
Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
Crowdfunding: Preparing for New Regulations
September 01, 2016
In preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
The Myth of the Newspaper Notice
September 01, 2016
Maybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?
Online e-Discovery Ethics
September 01, 2016
Although attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.
Patents: When the 'Plain and Ordinary' Meaning Is Neither Plain Nor Ordinary
September 01, 2016
It is common in patent cases for the patentee to ascribe "plain and ordinary" meaning to terms in a patent claim, while the defendant often seeks a narrower construction. But what if the parties agree that "plain and ordinary" applies but then dispute what the plain and ordinary meaning should be?
