Second Circuit Examines Evolving Infringement Standard
April 01, 2016
Tasked with formulating a legal definition of "hard-core pornography" in 1964, U.S. Supreme Court Justice Potter Stewart demurred with the famous observation "I know it when I see it." Fifty years later, intellectual property lawyers might be forgiven for falling back on some similar formulation when asked to advise their clients on copyright infringement.
Equity Crowdfunding
April 01, 2016
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
The Coming Tsunami in the Legal Profession
April 01, 2016
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
IP News
April 01, 2016
Federal Circuit Holds Two of Apple's Five Asserted Patents Invalid, Three More Not Infringed
Ethics and Criminal Practice
April 01, 2016
You meet with a new client, a finance manager of his church. He is being investigated for embezzlement. As you look at the issue, you become concerned that your client and his supposed cohort, the church treasurer, may have had a meretricious relationship, which might lend credence to the investigation. But your client tells you that is simply not the case. What do you do?
Equity Crowdfunding
April 01, 2016
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
10 Lessons from FTC Guidance on Data Security
April 01, 2016
Not if, but when." These simple words are enough to keep privacy officers, corporate counsel, compliance officers and IT managers up at night when faced with the reality that their network will at some point be breached. While there are no silver bullets to stop breaches from occurring, understanding and following legal actions brought by regulatory agencies and heeding security guidance they issue can go a long way.
Does Adoption of Cloud Computing Shift Cyber Liability Risk?
April 01, 2016
The rapid adoption of cloud computing has attracted companies that seek to lower their information technology costs. At the same time, it is reported that there has been an increase in data loss and an increase in cyber-liability claims against companies. But the biggest vendors in the cloud computing industry want to push the risk of penetration of their systems onto their customers adopting the technology.
<b><i>Online Extra:</b></i> Malware Increasingly Making Its Way into Organizations Through Social Media
April 01, 2016
To say 'social media is everywhere' these days may be slightly archaic. Of course it's everywhere. Chances are, you're reading this article with at least one social media application running or open in a browser right now. But why, then, aren't these social media platforms as secure as they could be? A new 'Best Practices for Social Media Archiving and Security' survey from Osterman Research found that although enterprise and consumer-focused social platforms abound in modern organizations, social media remains a threat for many companies.