Digital Ubiquity and the Fourth Amendment
July 02, 2015
Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.
No Direct Infringement Unless A 'Single Entity' Performs Each and Every Method Step
July 02, 2015
In <i>Akamai Technologies,</i> the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.
U.S. Student Digital Data Privacy and Parental Rights Act Of 2015 Introduced
July 02, 2015
This Spring, Representatives Luke Messer (R-IN) and Jared Polis (D-CO) introduced the bipartisan Student Digital Privacy and Parental Rights Act of 2015. According to <i>The New York Times,</i> "the bill would prohibit operators of websites, apps and other online services for kindergartners through 12th graders from knowingly selling students' personal information to third parties ...."
Derivative Cyber Litigation
July 02, 2015
Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets. These data breaches have contributed to an increase in director and officer (D&O) litigation in connection with cyber incidents, and will continue to do so.
Data Sharing in the Cloud
July 02, 2015
The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house. But is the attorney-client privilege at risk?
Actress Has No Copyright in Controversial <i>Muslims</i> Film
June 02, 2015
The work of an individual performer in a film isn't protected by copyright law, the U.S. Court of Appeals for the Ninth Circuit decided when it ruled in an 11-judge <i>en banc</i> decision that actress Cindy Lee Garcia couldn't use copyright law to force Google to remove a five-second clip of the film <i>Innocence of Muslims</i> from YouTube and other Internet platforms.
Document Exchange Breaches
June 02, 2015
Think about the last case you handled for your largest client. What would happen if that information was breached or hacked? It is an alarming possibility and one that should rightfully occupy your thoughts.
Cloud Computing Agreements
June 02, 2015
Cloud-based services have exploded in popularity over the last decade due to their ability to provide the convenience of on-demand resources along with generating efficiencies. However, given the importance of IT to most modern entities' operations, companies must balance the benefits of such outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
A Primer on What 'Big Data' Is All About
June 02, 2015
In May 2015, the streaming music service Pandora acquired the music industry data collection company Next Big Sound, which extensively tracks sales, social and streaming data. In the Internet era, the entertainment and other industries are awash with data, all of it with varying degrees of copyright protection. The Pandora/Next Big Sound deal presents a good moment for a primer on this copyright protection.
