Features

A Look at the Trial Against Facebook over Video Game Technology
The social networking company is being sued by videogame maker ZeniMax Media, which says Oculus stole its technology. Facebook responded that Zenimax's story is nothing but a "fantasy" by a company that was "embarrassed" and "humiliated." It's worth taking a closer look at how each side is framing the fight.
Features

Social Media Scene: How to Transform Your Rainmakers Into Social Media Rock Stars
How to transform your rainmakers into “social media rock stars.”
Features

Presidential Cybersecurity Handoff
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Features

Internet Law in a Trump Presidency
President Trump is already being pressured to reverse President Obama's Open Internet Order (also known as “net neutrality”) and take an aggressive stance against it. It remains to be seen how President Trump will balance the call for privacy regulations amidst our country's vulnerability to cyber-attacks.
Features

Practical Approaches to the EU-US Privacy Shield
This article discusses the corporate impact of the EU-US Privacy Shield and practical approaches to managing global corporate data in the wake of <i>Schrems</i>.
Features

In Light of Recent FTC Actions, Review Your Privacy Policy
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
Features

What Lawyers Can Learn from Uber, Redux
Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.
Features

Estate Planning for the Digital Afterlife
This article discusses the importance of accounting for digital assets in an estate plan, provides practical considerations for handling their disposition after death, and describes the current state of the law for the handling of digital assets after death.
Features

<i>Online Extra</i> <br>Are Google's Confidentiality Agreements Illegal?
A current Google Inc. employee has sued the tech giant over its rules for protecting confidential information, alleging they prohibit workers from whistleblowing or even just complaining to their spouse about their boss. Employment lawyers say that if the allegations in the complaint are true — a big if, of course — Google's rules may well be overly restrictive.
Features

Why the DMCA Needs to Be Modernized
It has been 18 years since the DMCA was signed into law. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
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